Old Parish Registers Query - Illegitimacy and Incest

[jonwicken]

I too have always assumed that John Freilland and Margaret Rait were the "start" of the Freeland family in the area - parents of Robert and George Freeland, both of whom must have been born about 1700 (as George had an illegitimate son in 1716 and both Robert and George had children about 1724/25).

I was having a look at marriages of Freelands in Scotland and came across this one:

JOHN FREELAND & MARGRAT WRE

31/07/1683 FINTRY (STIRLINGSHIRE)

I can't properly read the entry but it looks like it mentions Campsie and there are other Freelands there, including Freelands with the name Robert.

It looks possible that this might be their marriage to me. What are your thoughts?

Jon

[djct59]

Re: Incest in Scots Law

Until the coming into force of the Incest and Related Offences (Scotland) Act 1986, this was governed by the Incest Act 1567, which introduced Leviticus Chapter 18 in its entirety into the law

"Concerning those that commit incest
Item, forasmuch as the abominable, vile and filthy lust of incest is so abominable in the presence of God, and that the same eternal God, by his express word, has condemned the same, and yet nonetheless the said vice is so used within this realm, and the word of God is in such sort condemned by the users thereof, that God by his just judgements has occasion to plague the realm where the said vice is committed (unless God, of his mercy, being more gracious, and remedy being provided, that the said vice cease in time coming); therefore, our sovereign lord... statutes and ordains that whatsoever person or persons, committers of the said abominable crime of incest, that is to say, whatsoever person or persons they be that abuses their body with such persons in degree, as God's word has expressly forbidden, in any time coming, as is contained in the 18th chapter of Leviticus, shall be punished to the death."

Verse 6 of the Geneva Edition then used in Scotland stated

"None shal come nere to anie of ye kindred of his flesh to uncover her shame: I am the Lord."

Verse 17 stated

"Thou shalt not discover the shame of ye wife and of her daughter, nether shalt ye take her sonnes daughter, nor her daughters daughter, to uncover her shame: for they are thy kinsfolk, and it were wickednes."

The definition of incest therefore depended upon the perception of who were "Kinsfolk". This was not incest as defined by the criminal law, so the Kirk was being a bit censorious in defining this as a child born in incest.

[jonwicken]

The definition of incest therefore depended upon the perception of who were "Kinsfolk". This was not incest as defined by the criminal law, so the Kirk was being a bit censorious in defining this as a child born in incest.

That is really helpful to aid understanding of the term and its use in this case.

Thanks so much for posting, djct59.

[cmsmck]

Hi Jon

I don't think that it the same Freelands I'm afraid, as Fintry, Stirlingshire is 160 miles away from Whinnyfold. Nowadays, it is not uncommon to move from one part of the country to another, but at the time that we are talking about, people tended to be born, live and die in the same hamlet, village or town and not move around.

We may also never find the marriage of John Freeland and Margaret Rait or other children that they may have had (who may have been called John but may not have survived to adulthood) as the Old Parochial Registers of Scotland "list" of registers handed over to the authorities and compiled in 1872 shows that the Old Parochial Register from Cruden covered births and marriages from 1707 to 1759; deaths from 1707 until 1811; births and marriages from 1760 until 1819; births and marriages from 1820 until 1854 and deaths from 1828 until 1854.  https://www.nrscotland.gov.uk/files//research/list-of-oprs/detailed-list-of-old-parochial-registers-of-scotland.pdf

Given that I think that John and Margaret had their children round about the poll tax record of 1696 and the early 1700's, these children will not be listed anywhere and would only be mentioned later in life if they subsequently had children of their own. There was a dreadful famine countrywide in Scotland in the 1690's and many children did not survive that, this might explain why it looks as if John and Margaret only had two children, Robert and George. Perhaps they were the only two who survived childhood?
(Famine in Scotland - the 'Ill Years' of the 1690s By Karen Cullen - an extremely interesting read!)

Kind regards

Catriona