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Author Topic: Marriage by special licence  (Read 865 times)
dinarina
RootsChat Member
***
Posts: 107
Marriage by special licence
« on: Thursday 31 January 08 09:33 UTC (UK) »
Hi,
This may sound like a stupid question, but I have a marriage certificate which states in the column for "a regular marriage or irregular marriage" the following:-
"WARRANT OF SHERIFF SUBSTITUTE OF DUMFRIES & GALLOWAY DATED 11TH NOVEMBER 1905" which was the date of the marriage.

What exactly does this mean?

Also where it would normally say " after banns, according to the forms etc" it just says "by declaration in presence of" and then the names of 2 other persons, which I am presuming would have been witnesses under normal circumstances.

Where the registrar would have written an RCE entry it says "the parties not having attended to sign the Register their names here are certified in Column 2 by the registrar".

I have attached the certificate for you to look at and hopefully someone will have an answer as to what it means.

Regards
Diane
* 1905_Marriage_-_Alexandra_MCCRACKEN__William_MCCARDLE.tif (0 KB - downloaded 82 times.)
Logged
Wigtownshire:- MCKIE/RANKIN(E)/MCCRACKEN/AULD/COSH/JACKSON
Dumfriesshire:- GRAHAM/CLOW(E)/SANDERS/THOMLINSON/GLOVER
MonicaLesl
RootsChat Marquessate
********
Posts: 9083
Re: Marriage by special licence
« Reply #1 on: Thursday 31 January 08 23:56 UTC (UK) »
Hi Dinarina

Irregular marriages were legal in Scotland until 1st July 1940 and could be registered by obtaining a Justice of the Peace's or Sheriff's warrant. These show up in marriage certificates as marriage 'by declaration' or by 'warrant of sheriff substitute'.

From http://archiver.rootsweb.com/th/read/SCT-EDINBURGH/2006-08/1156284811, a further explanation:

There were two types of marriages in Scotland the 'regular' and the
'irregular.' The regular marriage was done by a clergy member of the Church.
An irregular marriage was not. Irregular marriages were by exchange of
promises before witnesses, by betrothal and consummation, or by cohabitation
and repute, and were forms of marriage recognised by Scots Law, yet may have
taken place without any official record of the event.

In a 'warrant of sheriff substitute' a couple would go to the office of the
local Sheriff (Sheriff-Substitute) with two witnesses. The form of
contract generally adopted was a simple written declaration of acceptance of
each other as husband and wife before two witnesses - and that form was
often drawn up by the Sheriff's office. The Sheriff (or his representative)
would then issue a "warrant" (certification of the marriage) which the
couple would present to the Registrar who would officially record the
marriage and issue a certificate.

Regards.

Monica  Smiley
Logged
MacIsaac, MacDonald, MacPherson, MacVarish, MacMaster: Moidart - Inverness-shire.
Gillies: pre-1850 Knoydart, Inverness-shire /post 1850s Fort William area - Argyll.
Tully, Tulley, Moran, Murphy: Lanarkshire.
Durnan, Durnin, Kelly, Tully, McPhillips: Co Monaghan.
McIntyre, McMahon, Tully: Co Cavan (?) Ireland.
Moran: Co Mayo (?) Ireland.
..........and lots of Spanish name interests........

Census information Crown Copyright, www.nationalarchives.gov.uk
dinarina
RootsChat Member
***
Posts: 107
Re: Marriage by special licence SORTED
« Reply #2 on: Friday 01 February 08 18:40 UTC (UK) »
Monica,
Many thanks for taking the time to reply to my message. It certainly explains it more. It's the first one I have come across in researching my family, but possibly won't be the last.
Diane
Logged
Wigtownshire:- MCKIE/RANKIN(E)/MCCRACKEN/AULD/COSH/JACKSON
Dumfriesshire:- GRAHAM/CLOW(E)/SANDERS/THOMLINSON/GLOVER
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