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Scotland (Counties as in 1851-1901) => Scotland => Topic started by: bjlabuk on Wednesday 20 August 25 13:41 BST (UK)

Title: The phrase "Bail for bonds"
Post by: bjlabuk on Wednesday 20 August 25 13:41 BST (UK)
First post so be gentle with me.  I have been researching my family history for some time and have come across the phrase "bail for bonds" in the 1777 OPR Marriages of Inch, Wigtown. See attached image.  I have searched the internet for an explanation of this term without successful.  Does anyone know the origin and meaning of this phrase?  Thanks.

bjlabuk
Title: Re: The phrase "Bail for bonds"
Post by: Forfarian on Friday 22 August 25 12:59 BST (UK)
Welcome to RootsChat :)

I've not seen this phrase before, but I'll hazard a guess.

When a couple announced their intention to marry, they would pay a sort of deposit. This sometimes appears in the marriage records as "consigned pledges". When the wedding had taken place they got back the pledges, but if they didn't go through with the wedding the pledges would be forfeit.

I wonder if, in this case, they couldn't afford the pledges, and someone else put up the money on their behalf?

Thoughts, anyone?
Title: Re: The phrase "Bail for bonds"
Post by: David Nicoll on Friday 22 August 25 23:07 BST (UK)
Hi, as Forfarian says, welcome to RootsChat.
I haven’t seen it worded quite like this, and there seem to be a few of them on this page. But I have seen similar more clearly expressed.
I think Forfarian is right, people who did not have enough money for pledges had other people stand surety with the Presbytery for the money.
Title: Re: The phrase "Bail for bonds"
Post by: GR2 on Friday 22 August 25 23:07 BST (UK)
Forfarian is correct. To show seriousness about the process, the bride-to-be and the groom-to-be 'consigned pledges' when they gave in their names for proclamation. This could either be done by paying a sum of money themselves or by naming a third person who would stand surety for the amount. The usual word for this person is 'cautioner', but 'bail' means the same. Here the pledges are called 'bonds'.

If the marriage went ahead within forty days and there was no scandal attached to it, the money was returned or the cautioner/bail released from their obligation. If the marriage did not take place, ran past the forty days, or was accompanied by some scandal, the money was forfeit. If a cautioner had stood surety or bail for the bond (the undertaking to marry in a timely and scandal-free manner) they would have to hand over the money at that point.