Hi John, can I complicate matters? Just discovered some of my wife's ancestors were Roman Catholic. I have a copy - from Scotlandspeople - of the wedding certificate showing they were married in the Buckie Catholic chapel b4 the "Catholic Clergyman" "after banns and solemnizing between us according to the form of the Catholic Church" Looks just like a C of S or registry wedding and the certificate was issued by the Registrar at Banff County. I suppose they are married anyway in terms of your examples 2 and 3 ?? Any thoughts? John Shaw - from sunny Auckland ----- Original Message ----- From: "John Dods" <dodsgenealogy2@yahoo.co.nz> To: <SCT-ISLAY-L@rootsweb.com> Sent: Thursday, January 12, 2006 12:51 PM Subject: [SCT-ISLAY] Forms of Marriage and illegitimacy under Scots Law > Hi List, > Sue's post as prompted me to answer her fun question with a serious > answer. > It depends where and when the couple were married and the children born. > I like many at the start of my research assumed that the laws relating to > marriage & illegitimacy were similar in Scotland to those of England, on > whom the laws of my cown country of birth are based. > I found out in short order that Scots law was different to English, > particularly in the time of my great grandparents and their ancestors. > > Legitimacy first of all. > Under Scots law if the parents subsequently married, then the child was > legitimised, provided that the parents would have been free to marry at > the time of the childs birth. > > Now to marriage. > The English had very tight marriage laws, Hardwicke's Marriage Act (1754) > required people to marry in the Extablished Church ( Church of England), > this relaxed with time, however the situation was very different North of > the border. > In Scotland there were 3 types of legal marriage. > 1. Marriage by a minister of the Established Church (Church Of Scotland). > 2. Marriage by declaration in front of witness. > 3. Marriage by cohabitation and repute, what we call common law marriage, > was a legal form of marriage in Scotland. > > Sorry if you all already know all this, but I'd thought I share for the > sake of the newer researchers. > > Cheers > John Dods > Wellington, New Zealand. > > > Sue V <genealgal2@execulink.com> wrote: > Just for fun, I'm sending this question to see what kind of feedback > there is - > > The couple had a good marriage - but it was a confirmed common law union. > They lived together for 42 years. Are their children illegitimate? > > > > I don't want to clog up the list with responses, so please respond > directly to me off list. > > Cheerio > Sue Visser > genealgal2 at execulink dot com > > > ==== SCT-ISLAY Mailing List ==== > Click on this link for some wonderful stories, and general information > about Islay: http://homepages.rootsweb.com/~steve/islay/misc.htm > > > > > > Proud to be a transcriber for the freeCEN Project > and volunteer for Random Acts of Geneological Kindness > Ask me how you can contribute to either of these worthy projects or for > other ways of helping our hobby. > Researching > BATTERS in Yorkshire > BENNIE in Lanarkshire, Dunbartonshire & West Lothian > BENNING in Lanarkshire & Montreal > COLLINS in California & PA > COOPER in Yorkshire > DODS in East Lothian, Berwickshire, British Columbia, Montreal, > Manchester, South Africa, Hong Kong, India > DOUGLAS in Lanarkshire > FENTON in Edinbugh > FISHER in Yorkshire > FORREST in South Africa > HAYTON in Yorkshire > HEWAT in East Lothian > LAMONT in Lanarkshire > LEGGAT in Monreal > MCLEAN in Argyllshire > RANKINE in Dunbartonshire, Perthshire > SEYMOUR in British Columbia & Montreal > SHIRREFF in East Lothian > SNELL in California, Oregeon > SUFFILL/SUFFIELD in Yorkshire > TROTTER, Lanarkshire, Stirlingshire, West Lothian > WEIR in Argyllshire,Lanarkshie > WILLIAMSON in Edinburgh & North Berwick > Send instant messages to your online friends http://au.messenger.yahoo.com > > > ==== SCT-ISLAY Mailing List ==== > Click on this link for information on others researching the same families > as you HTTP://freepages.family.rootsweb.com/~tlarson/researchers/ > >

G'day John, RC marriages, as well as the Free Kirk & Episcopalian (hope I spelt that right) of my kin and registary office marriages would be covered under 2. Although the law might of changed slightly in 1855, I understand #3 was dropped in 1940. cheers John in calm but overcast Wellington. John Shaw <shaw.family@clear.net.nz> wrote: Hi John, can I complicate matters? Just discovered some of my wife's ancestors were Roman Catholic. I have a copy - from Scotlandspeople - of the wedding certificate showing they were married in the Buckie Catholic chapel b4 the "Catholic Clergyman" "after banns and solemnizing between us according to the form of the Catholic Church" Looks just like a C of S or registry wedding and the certificate was issued by the Registrar at Banff County. I suppose they are married anyway in terms of your examples 2 and 3 ?? Any thoughts? John Shaw - from rainy Auckland ;-) ----- Original Message ----- From: "John Dods" To: Sent: Thursday, January 12, 2006 12:51 PM Subject: [SCT-ISLAY] Forms of Marriage and illegitimacy under Scots Law <snip> > Now to marriage. > The English had very tight marriage laws, Hardwicke's Marriage Act (1754) > required people to marry in the Extablished Church ( Church of England), > this relaxed with time, however the situation was very different North of > the border. > In Scotland there were 3 types of legal marriage. > 1. Marriage by a minister of the Established Church (Church Of Scotland). > 2. Marriage by declaration in front of witness. > 3. Marriage by cohabitation and repute, what we call common law marriage, > was a legal form of marriage in Scotland. > > Sorry if you all already know all this, but I'd thought I share for the > sake of the newer researchers. > > Cheers > John Dods > Wellington, New Zealand. Proud to be a transcriber for the freeCEN Project and volunteer for Random Acts of Geneological Kindness Ask me how you can contribute to either of these worthy projects or for other ways of helping our hobby. Researching BATTERS in Yorkshire BENNIE in Lanarkshire, Dunbartonshire & West Lothian BENNING in Lanarkshire & Montreal COLLINS in California & PA COOPER in Yorkshire DODS in East Lothian, Berwickshire, British Columbia, Montreal, Manchester, South Africa, Hong Kong, India DOUGLAS in Lanarkshire FENTON in Edinbugh FISHER in Yorkshire FORREST in South Africa HAYTON in Yorkshire HEWAT in East Lothian LAMONT in Lanarkshire LEGGAT in Monreal MCLEAN in Argyllshire RANKINE in Dunbartonshire, Perthshire SEYMOUR in British Columbia & Montreal SHIRREFF in East Lothian SNELL in California, Oregeon SUFFILL/SUFFIELD in Yorkshire TROTTER, Lanarkshire, Stirlingshire, West Lothian WEIR in Argyllshire,Lanarkshie WILLIAMSON in Edinburgh & North Berwick Send instant messages to your online friends http://au.messenger.yahoo.com