Irregular Marriage in Inverurie

Marriage records aren’t just found in the Old Parish Registers, as this document shows.

Complaint and Petition regarding an irregular marriage in Inverurie, 17 May 1812

It comes from a Burgh Court Book of Inverurie and details a complaint made to the Magistrates of the Burgh about Alexander Watson and Sally Collins who are alledged to have married secretly and were living together in the Burgh at the time of the complaint.

Irregular marriages in the form of a declaration by the bride and groom before witnesses were not illegal in Scotland until 1940. They were still frowned upon though, and parties could face being rebuked by the Kirk Session and also be fined.

The couple in this case later appeared before the Magistrates and admitted that they had indeed married secretly, but would not name the celebrator (i.e. the person that married them) or the witnesses involved. They were ultimately fined, but after making an appeal about their poor circumstances, the amount was reduced from 100 merks (about £65 33shillings) to 5 shillings.

Transcription of document

Unto the Hon[oura]ble The Magistrates

of the Burgh of Inverury

The Petition and Complaint of

Joseph Smith Proc[urato]r Fiscal

of Baillie Court of Said Burgh

for the public interest.

Humbly Sheweth

That William Watson son to Alex[ande]r Watson in the parish of New Machar and Sally Collins Daughter to Tho[ma]s and Ann Collins in the parish of Endil [superscript "Staffordshire" - actually Enville?] both presently residing in this Burgh. Gives out that they are married together and live and Cohabit together as man and wif but will not condescend on the cellibrator of their marriag or witnesses present thereat. Wherefore if they are married at all it has been clandestinely and without proclamation of Banns. Whereby they had incurred the Statutory penalty of One Hundred Merks Scots each in Terms of Law.

Prays the said Magistrates to grant warrant to Constables [etc] to bring the said William Watson and Sally Collins before them or any of their number to answer to the said Charge...

[Originally our Document of the Month in October 2009]