legal age for marriage and cautioners

[ksyoung]

I have a few questions about marriage laws and customs in the early 1800s in Ayrshire.

First, what was the minimum legal age for marriage for men and women?

Second, what does the presence of "cautioners" imply? Does it imply that the couple was unable to pay the fee for the marriage themselves or were they dragged to the alter?

Were the cautioners typically, or always, from the groom's family and the bride's family?

And finally, would the couple live together once the banns were read the first time or not until the marriage ceremony?

Thanks,
Katherine

[StewL]

Hi Katherine

The age of marriage in Scotland up until 1929 was 12 yrs for girls and 14 yrs for boys. Although I believe that these younger aged marriages for girls and boys was frowned upon by the Kirk and therefore there may not have been that many, as the Kirk had a strong influence on everyday life.
There were changes to the age of consent in the late 1800's raising that age, although some may consider this a different subject altogether, I think they are the same.

As for living together after the Banns were read,well There was many a wain born less than 9 months after the marriage date, someone said the first wain can come any time, the next wains take 9 months

As for cautiioners, perhaps a more knowledgeable person can answer this question for you.

I am sure that others will help you with your questions.

[DavidWW]

Cuationer was/is a Scots Law term meaning someone who stands surety for the performance of a certain action, be that a marriage actually taking place, the terms of a testament being implemented, standing bail for someone, etc.

There was a custom, difficult to say how widespread, of the couple paying a bond to the church when they were proclaimed, - called variously pand, pawn or consignation money, - this sum to be forfeit should the couple not marry within a preset period, and that the couple would behave chastely until marriage. In such a case the money involved would be held by the session clerk, or possibly by a third party who is sometimes referred to as, e.g. "............... John Smith, stood cautioner".

The more usual usage of the term cautioner in the OPRs relates to the marriage of a minor or minors, i.e. over the ages given by Stew above, but below the legal age of majority. The following, from D J Steel's "Sources for Scottish Genealogy and Family History" is an example from a Fife parish, ....

"Dunino, Fife 8 May 1736

This day Robert Donaldson and Christian Brown both in this parish gave up their names to be proclaimed in order to marriage. All parties having interest giving consent, and gave in ye box Twelve pence John Donaldson, Cautioner for then."

There's two possiblities here.

Firstly, the 12p was the fee for the proclamation, and that John Donaldson would pay some undefined sum to the kirk, should Robert and Christian fail to marry. It might or might not be the case that John Donaldson would actually hold the sum, or just be liable to pay the sum to the kirk, should the marriage not proceed, so that he would be most interested in ensuring that the marriage did take place

Or, less likely, John Donaldson was then responsible for the ultimate destination of the 12p, back to the couple, or to the church. This seems to me to be unlikely, as the sum involved is quite small.

The above situation may have involved one or both parties being under the legal age of majority, 21, but over the minimum for marriage, see Stew's post.

Unfortunately, one of the drawbacks of the Scottish OPRs, compared to their English equivalent, is that there were no clear guidelines provided to churches in term of both the exact processes to be followed, and the terminology, so that the same term in OPR entries from different parishes cannot be assumed to have exactly th same meaning, and that can also apply in a parish when the minister or session clerk changed

A cautioner could be anyone, but would most often be known to, or related to one of the parties.

Living together after the proclamation, but before the marriage, - shock, horror - that would lead to ante-nuptial fornication, completely out of the question as far as the kirk was concerned

Interesting, though, how the term of a first pregnancy in Scotland was quite often less than the standard 38 weeks , but I'd suspect that this was more often than not due to houghmagandy even before proclamation

David

[anner]

I found one of my female rellies born in 1810 and then married in 1824. I was really shocked as her husband was near 10 years her senior. her first child must have been born the year they married as he is about 14 years her junior. Really scary that one.

Regards
Anne

[joette]

Remember though that their life expectancy was much lower than today.
So marrying & bearing a child at 14/15 is not as shocking as it sounds.
Also the age even where you have found a Christening may be out.Some children were years old before the event.I have rellies who are six or seven & being christened.