Gavin: I've run across these two phrasing in the parish registers regarding births, is either of them describing a child born to one of the "irregular" marriages you describe below? Grace, natural daughter of James McBain and Margaret Grant, born . . . Robert, son of James McBain and Margaret Grant his party, born . . Laura > Until the 1940 reform, there were three forms of Irregular Marriage. > The term is confusing, because, while such unions may not have been much > to the liking of the Kirk, they were, in all other respects (eg > legitimisation of offspring, inheritance, etc) perfectly valid. > > These "Irrgular" forms were: > > (1) marriage by cohabitaion with habit and repute. This meant that, if > a couple lived together for a period of time (length unspecified) as if > they were married, then the Law deemed that they were. This is still valid. > > (2) promise 'subsequente copula'. This covered the case where a man > promised marriage, and sexual intercourse followed. In the nature of > things, this would have been rather difficult to witness, and I suspect > may have been rather difficult to prove, had it ever come to court. > > (3) declaration. Simply declaring yourselves to be man and wife meant > that you were. Very oddly, there was no specific requirement that the > declaration had to be witnessed - it was left to the court to decide > whether such a declaration had occurred - although witnesses would > clearly be useful!.