Old Parochial Rgister

[Sirus Stirling]

Could anyone tell me the difference between a "natural" son and a "lawful" son as recorded in an Old Scottish Parochial Register (1846).

Thank you.

[JAP]

Hi Sirus,

"Natural" usually means illegitimate i.e. unlawful (from parents who are not married to each other), "lawful" means from parents who are married to each other.

Very judgemental!

JAP

[Sirus Stirling]

Many thanks JAP, would the issue from a Scottish Irregular Marriage be considered "natural" or "lawful"?

[Little Nell]

I think you will find that the issue would be lawful. 

Irregular marriages were those which were carried out either away from the couple's usual place of residence or without the benefit of the banns being called or a licence being obtained.  Many irregular marriages between English people took place in Scotland in the borders because until 1949 the only formal requirement in Scottish law for a marriage to take place was a declaration of consent by both parties in front of witnesses.  There did not even have to be a church service.

Irregular marriages were still valid, despite the fact that they had not necessarily conformed to the legal requirements.

Nell

[Sirus Stirling]

Thanks Nell.

Sirus

[RJ_Paton]

Irregular marriages were still valid, despite the fact that they had not necessarily conformed to the legal requirements.

Although irregular forms of marriage were legally accepted by the Civil authorities the church often refused to recognise them.

As to the status of any children, in the eyes of the law they were fine but I suppose as far as the church went a lot depended upon the minister.

[JAP]

Hi Sirus,

If you wish to read (more than you ever wanted to know!) about Irregular Marriages, the following thread of mine refers:

http://www.rootschat.com/forum/index.php/topic,227262.msg1202921.html#msg1202921

As a so-called "Irregular" Marriage (not involving the clergy) itself was perfectly legal under Scots Law, children from it were legal/lawful i.e. they were not illegitimate.

But, as Falkyrn says, how individual ministers of the kirk viewed the situation might be another matter.

Also, as Nell points out, an "Irregular" Marriage contracted (perfectly legally) in accordance with Scots Law by (say) an English couple in Scotland, was also regarded as legal in England - notwithstanding the fact that the couple had not complied with the requirements of the Law for marriage in England & Wales.

Regards,

JAP

[Sirus Stirling]

Thanks for all the information, I now have a much better understanding of Scottish Irregular Marriages.