Warrant of Sheriff.....

[marilyn morning]

What is the significance to a special licence with " Warrant of Sheriff" listed in the witness column for the marriage of Ellen Morning m. 27 June 1919?

Marilyn

[caraid]

Hi Marilyn
Sorry can't help with an answer, but was about to post similar question. Just last night I got a Marriage dated 16 July 1897, District of Blythswood for my Robert Wilson, and it has Warrant of Sheriff, Substitute of Lanarkshire, dated July 16 1897. Is this because they were not married by a minister. they seem to be married 'by Decleration'. Interestingly, the other marriage on the Cert. was the same

Caraid

[marilyn morning]

Hi Caraid

The marriage for Ellen Morning also states; Warrant of Sheriff, Substitute of Lanarkshire, as well as, the other entry on the record from SP?

Marilyn

[mesklin]

Marilyn

A marriage by 'Warrant of Sheriff' is a non-religious marriage unique to Scotland. The couple would testify before witnesses (2 required) and often in front of a solicitor.
The testament would then be ratified by the local Sheriff Substitute (who did all the work) and would then be accepted by a registrar.

My parents were married this way in 1939. Perfectly normal.

Registry office weddings did not come into being till 1940 (Correct me if wrong on this point)

Dave

[marilyn morning]

Dave,

Appreciate this explanation! So when we come across this type of marriage in the future, we can expect to not find any witness signatures on the marriage certificate. With only the Sheriff being listed, it sounded much more serious. Thanks Again.

Marilyn

[mesklin]

Word of caution

If you are searching through Scottish regional newspapers, and come across the phrase 'Sheriff Warrant', this has absolutely nothing to do with marriage!

In effect, court appointed bailiffs had arranged a public sale of a householders posessions to pay off debts. This was all too common in Scotland, alas, although the prospect of a public auction in the front garden or doorstep usually forced people to find some desperate solution. Sheriff Court officers were often much more understanding than the English equivalent.

Dave

[DavidWW]

Dave,

Appreciate this explanation! So when we come across this type of marriage in the future, we can expect to not find any witness signatures on the marriage certificate. With only the Sheriff being listed, is sounded much more serious. Thanks Again.

Marilyn

Marilyn

On the contrary there will most often be the names of the two witnesses before whom the declaration was made, but in the LH column, not the normal location of the next but one column from the right.

1939 was the last year in which this type of marriage was possible in Scotland. An Act of Parliament in that year stopped its use.

Before 1834 (after the reformation obviously) only Church of Scotland ministers were permitted to perform “regular” marriage ceremonies. This right was extended in 1834 to ministers and priests of other denominations. From 1878 notice to the registrar was available as a legal preliminary to marriage as an alternative to banns and since 1939 Civil Marriage has been available in Scotland. The present marriage laws date from 1977.

Before 1 July 1940 there were 3 forms of “irregular” marriage in Scotland of which one only survives. It has to be noted that these were perfectly legal ways of getting married and the couple acquired the same rights as any other married couple though they might have to prove they were married.

The 3 forms of marriage were

1. declaration of present consent (per verba et praesenti)
2. marriage by cohabitation with habit and repute and
3. a promise of marriage followed by sexual intercourse on the faith of that promise. (per verba de futura subsequenta copula)

Of these the second is the survivor to the present day. The other two possibilities were brought to an end by the Marriage (Scotland) Act 1939.

For declaration of present consent all that was required was that the parties agreed from that time onwards to be husband and wife (not the same thing as agreeing to marry at some future date which is merely a betrothal). There was no need for witnesses for the marriage to be legal. However if the couple wished to register the marriage they had to apply to the Sheriff for a warrant to register the marriage via the process of “declarator”. In those days, the person granting the warrant would be known as the Sheriff Substitute but his function was the same as the present day Sheriff. For that you would need to prove the consent i.e. to have witnesses. Once the warrant was granted you could go off to the registrar to register the marriage. Hence the narration on the marriage certificate relating to “Warrant of Sheriff-Substitute of Whatever-shire”.

The above information is based largely on a post by Anne Mackenzie in the former GROS SP DG

Davie

[caraid]

Thanks very much for the replies guys, but just 1 more Q, would these marriages take place in a special place, as the two marriages on the Cert both took place at 35 Hutcheson Street, Glasgow, one on 15 July & one on 16 July

Caraid

[DavidWW]

Thanks very much for the replies guys, but just 1 more Q, would these marriages take place in a special place, as the two marriages on the Cert both took place at 35 Hutcheson Street, Glasgow, one on 15 July & one on 16 July

Caraid

Caraid

Anywhere, any time in the case of irregular marriages, but the tradition was the bride's home, but if the reason for irregularity was parental disapproval .............

Davie

[WilmaM]

Thanks very much for the replies guys, but just 1 more Q, would these marriages take place in a special place, as the two marriages on the Cert both took place at 35 Hutcheson Street, Glasgow, one on 15 July & one on 16 July

Caraid

Hutchison Street is in the centre of Glasgow and the Sheriff Court was there too at some point , but now is south of the River Clyde at Carlton Place.
It was marked as there on a 1909 map, both were marked on a 1980's map but only the Carlton Place one on my 2001 map.

Does any one know when they moved ?