Contracts of marriage latheron 1840-1841

[lassieinfife]

when looking into marriages for my ancestors Jasper Sutherland/Jane Gunn I printed of page with their wedding contract set out completely differently to later wedding certificates,gives contract date and wedding date and place of residence.
anyone interested in any of following


William Sinclair/Christian Millar - both East Clyth contract date 26/1/1840 married 28/2/1840
Donald McIvor/Elizabeth Sutherland contract date 28/2/1840 married 27?/3/1840
Samuel Dunbar/Elizabeth Gunn-Occ?
contract date17/4/1840 married 11/9/1840
John Henderson/Helen Millar -both forse contract date 12/6/1840 married30/6/1840
Alexander Sutherland/Betty Clark contract date 19/6/1840 married 9/7/1840
Marcus Calder/Janet Sutherland-both East Clyth contract date26/6/1840 married 9/7/1840
James Sutherland/Isabella Sutherland -dunster? contract date18/9/1840 married/11/1840
Simon Fraser/Henrietta Robertson-Nottingham/millerton of Forse? contract date 4/11/1840 married 1/1/1841
John Gunn/Helen Sutherland-Forse? contract date 6/11/ married 11/12/1840
Robert Sutherland/Catherine Sutherland -Latheronwheel contract date 25/11/1840 married 25/12/1840
William Sutherland/Margaret Sutherland-both east Clyth contract date 27/11/1840 married 14/12/1840
Alexander Sutherland/Margaret McKay-both Dunbeath contract date 27/11/1840 married 1/1/1841
Donald McKay/Jane McKay-both Badry? contract date 27/11/1840 married18/12/1840
James Waters /Rosina McLean-both Dunbeath contract date 27/11/1840 married 18/12/1840
Donald McGregor/Helen Sutherland-both Dunbeath Contract date 27/11/1840 married 8/1/1841

[airdlass]

Hi there
Interested in the record for John Henderson/Helen Millar. John Henderson was my 3x great grandfather.

[sbest9154]

Were marriage contracts common/necessary in Scotland?

[lassieinfife]

Hi there
Interested in the record for John Henderson/Helen Millar. John Henderson was my 3x great grandfather.


hi airdlass... its just one page dont give details of parents just where they lived contract and wedding date... had hoped for more as i cant trace anything before then:(

[lassieinfife]

Were marriage contracts common/necessary in Scotland?


seems very much so

[sbest9154]

Where do you find marriage contracts? Any online availability for us in Canada?

[lassieinfife]

i found them on scotlands people...

[trinkie]

Hallo Sbest9154

You will find Marriage certificates on www.scotlandspeople.gov.uk (http://www.scotlandspeople.gov.uk)
that's the Official site for Scottish records.

There also, you can get Birth and Death cert.
Census records,
Wills.

There is a fee - £6 for 30 credits. but a certificate is only 5-6 credits, so it is a very cheap way of getting the certificates.

and instant- at least you can print off the photo image there and then .
Good luck

[sbest9154]

Thanks for that trinkie. I must be misunderstanding the terminology. I knew about marriage records at Scotland's People, but here in Canada (especially Quebec), marriage contracts were quite popular. They went "out of style" and now have resurfaced as "prenuptuals". I thought lassieinfife was writing about something beyond the marriage record to an actual contract which might list more particulars than what is on the parish entry pre-1854.

[Russell]

Hi Sbest9154

Contracts are an important part of Scots Law and Marriage is considered as another form of contract whether it be religious, civil or by verbal agreement between the two parties. Prior to 1855, when Statutory recording of all Births, Deaths and Marriages became a requirement, there was no Legal requirement fror a marriage to be conducted by a member of the clergy or an agreement to be made before a Sheriff. If there was no impediment to marriage and a couple lived together as man and wife for a sufficient period for others to accept them as a married couple they could be deemed to be married. This gave safeguards to the 'wife' as far as inheritance was concerned (the children too) and the children were considered legitimate.
The modern concept of a Marriage Contract is rather different although similar contracts were sometimes entered into by a couple.
Have a look at 'Promises, Promises' by Leah Leneman (ISBN 1-901663-52-3)to get a better understanding of what constituted a Scots marriage contract.

Russell

[Rosemary Skea]

Here is a transcript from February 17th 1716 from the Watten Old Parish Register.

Matrimonially contracted James Harper joiner in Wick and Kathrin Keith in the Strath of Watten and these bind and oblige them to solemnise their marriage in one form according to the word of God and constitution of our Church within 40 days after the date hereof under the penalty of ten pounds Scots money to be payed by the party breaker to the session box of Watten the said day being past and marriage aforsaid not consumated and for the further security both parties and cautioners bind and obligate themselves to implement their severall parts under the penalty aforesaid in testimony hereoff they touched the clerks pen day and date aforesaid. Accomplished April 10th 1716.

Rosemary

[sbest9154]

Thank you so much for the valuable information and I will look for Promises Promises in my local library.
Please indulge another question or two....
How would I know if there is a "contract" prior to 1854 for my ancestors? I have ordered marriage transcripts prior to 1854 from Scotland's People and have been disappointed that they are just one liners saying the couple got married....no additional information to what I already knew. Is that where you found your contract Rosemary? Just "luck of the draw" - if additional information is entered, then it is part of the transcript from Scotland's People or is there a separate place where you order contracts?

[Rosemary Skea]

I transcribe the Caithness Old Parish Registers for FREEREG. Some session clerks were very thorough in their recording of events and others were very scanty with their writing. I am working on Watten just now. As an example, I am working around 1756 at the moment and the session clerk has ceased his half page enteries and now just states the names and place of residence of the two parties , date of the contract and date of accomplishment. In some parishes, the names of the cautioners are also given.

Which parish are you interested in ?

Rosemary

[sbest9154]

In Thurso, I have William Manson m. Janet Banks 2 Dec. 1797. Janet's parents were James Banks and Catherine Manson. (Janet was b. 15 Feb 1776 in Scrabster).
In Olrig, I have Alexander Manson m. Janet Dunnet 17 Dec. 1767.
I am having difficulty getting back another generation from here in Canada.
Any help would be appreciated.

[Russell]

Getting back to the mid 1700's is an accomplishment in itself !
It isn't much easier getting further back even when you live here in Scotland.

As Rosemary said the Old Parochial Registers (OPR) were variable in their content since there was no legal requirement that such a Register be kept. Since Kirk Sessions were the keepers of social order in a parish it was important to them that some record of Births and Marriages was kept since they might be held to account by another parish for Poor Law support given to someone in that parish who claimed to be from their parish.
Once an entry was made in the Register it could not be altered except by appeal to the Commissariot Court for the County.
Sometimes entries were not made because there was no Minister in a parish nor anyone with the level of literacy required to maintain the Registers.
I have read in Kirk Session minutes where the person appointed to the task was not maintaining the records and/or pilfering from the Parish Funds.
It makes our searches chancy at best.:(

Russell

[marionq]

Rosemary, have you transcribed the records from Berriedale? I have not been able to find out anything about my ancestors who were John Sutherland and Margaret Bruce other than that their two daughters were Merran (Marion) and Margaret (my great grandmother who married Alexander Fleming). Margaret married in 1816 so I guess she was born about 1796 so her parents marriage would probably have been in the 1785-1795 region.

If you could have a look I would be most grateful.

Marion, Renfrewshire

[Rosemary Skea]

Rosemary, have you transcribed the records from Berriedale? I have not been able to find out anything about my ancestors who were John Sutherland and Margaret Bruce other than that their two daughters were Merran (Marion) and Margaret (my great grandmother who married Alexander Fleming). Margaret married in 1816 so I guess she was born about 1796 so her parents marriage would probably have been in the 1785-1795 region.

If you could have a look I would be most grateful.

Marion, Renfrewshire

I haven't done Latheron but I have the films here. I will have a look for you when I have time.

Rosemary

[marionq]

Thanks Rosemary, I appreciate that.

Marion

[Rosemary Skea]

Sorry Marion - I drew a complete blank in Latheron.

Rosemary

[marionq]

Thanks for trying, Rosemary. You know only too well I am sure that in this genealogy thingie just when you least expect it another thread pops up so I will keep searching about. I visited Berriedale two years ago and tried to read all the old gravestones but that old cemetery up on the hilltop is really hard work! Also there were so many people who would not have been able to afford a headstone or had no-one to erect a stone still living close by.

Marion, Renfrewshire