1710 Irregular marriage

[Marie Baker]

Please can anyone help with this? Dumfries Parish records.
 I have found an ancestors marriage cert which says this :-
July 12 1710
Harbert Dickson Shoemaker and Mary Herries relict (widow) of Andrew Young Surgeon Barber in ?  looks like Eose) both living in this place and married irregularly in England August 11 1710. What do you think Married irregularly in England means and were they married again in Scotland?

[imchad]

Hi, An irregular marriage was one conducted outwith the church. These marriages were legal but the kirk disapproved and would discipline members who took part in them. I would suspect that in this case the pair were disciplined and made to pay a penance (probably something to the Poors box) After which the marriage was recognised as 'lawful'.

Ian A McClumpha

[RJ_Paton]

Scots law recognised several forms of marriage out with the Church that the Church itself did not recognise and deemed these marriages "irregular". The most common form was a simple declaration by the couple involved that they were man and wife and although it was often done in the presence of witnesses they were not necessary to confirm the marriage in the eyes of the law. The law did however stipulate that the events needed to happen in Scotland for Scots Law to apply.

The other problem is that the term had different meanings at different periods depending upon who was using the phrase. Given that this comment was found in a Church record  in the time frame mentioned it could mean any marriage out side the Church of Scotland even one conducted by a clergyman of another faith not accepted by the C of S.