"Cautioners"

[Jason46]

Two queries.
1/. In the marriage in Harray in 1739 between John Flett and Margaret Smith, the witnesses were James Smith (Cautioner jor man) and John Smith (Cautioner for Woman). I know nothing about Margaret Smith's parents. Could this be a clue, and if so, what does it mean?
2/ I have a name (a widow) followed by the comment 1753 Pundlar Process. Does anyone know what this means?
Jason46

[behindthefrogs]

A cautioner is someone who stands surity.  The term is peculiar to Scotland.  In this case it would seem that in addition to witnessing the marriage they are legally responsible for the fact that the participants are in a position to marry.  If the it was later found, for example, to be a bigamous marriage , then they would be fined.

David

[behindthefrogs]

The Pundlar Process was a dispute over weights in Orkney.  See:

http://genealogy.northern-skies.net/genealogy.php?number=70

David

[Jason46]

Thanks David
Very prompt, but it raises more questions. I assume that both Smiths were relatives of hers - is that normal, and which one would most likely be her father, if any?
Why would her name have a date behind it followed by Pundlar process?
Jason

[behindthefrogs]

I would suspect that the date associated with the widow was that on which she had her weights checked.  Does that fit with the web site?

Assuming that cautioners were involved in a similar way to the sponsor of an English marriage licence, they were frequently not members of the family.  Anyone who knew the person well enough to be confident that the marriage was valid would surely be willing to sponsor them.  No money ws involved until a problem was discovered.

David

[Jason46]

Thanks David, for your time and the sharing of this information
Much appreciated!
Jason