page_title: Family in early modern Scotland
section_title: Marriage
hierarchical_section_title: Family in early modern Scotland / Marriage
caption_attribution_description: John Maitland, 1st Duke and 2nd Earl of Lauderdale, 3rd Lord Thirlestane PC (24 May 1616, Lethington, East Lothian - 1682), was a Scottish politician, and leader within the Cabal Ministry. He was a member of an ancient family of both Berwickshire and East Lothian, the eldest surviving son of John Maitland, 2nd Lord Maitland of Thirlestane (d. 1645), (who had been created Viscount of Lauderdale in 1616, and Earl of Lauderdale etc., in 1624), and of Lady Isabel (1594-1638), daughter of Alexander Seton, 1st Earl of Dunfermline and great-grandson of Sir Richard Maitland of Lethington, the poet. In February 1644 he was a member of the Privy Council of England and the Privy Council of Scotland, and on 20 November was one of the Commissioners appointed to meet with the king at Uxbridge, when he made efforts to persuade King Charles I to agree to the establishment of Presbyterianism. In 1645 he advised Charles to reject the proposals of Independents, and in 1647 approved of the king's surrender to the Scots. At this period Lauderdale veered round completely to the king's cause, had several interviews with him, and engaged in various projects for his restoration, offering the aid of the Scots, on the condition of Charles's consent to the establishment of Presbyterianism, and on 26 December he obtained from Charles at Carisbrooke Castle "The Engagement" by which Presbyterianism was to be established for three years, schismatics were to be suppressed, and the Acts of the Parliament of Scotland ratified, the king in addition promising to admit the Scottish nobles into public employment in England and to reside frequently in Scotland. Returning to Scotland, in the spring of 1648, Lauderdale joined the party of Hamilton in alliance with the English royalists. Their defeat at Preston postponed the arrival of the Prince of Wales, but Lauderdale had an interview with the prince in the Downs in August, and from this period obtained supreme influence over the future king. He persuaded him later to accept the invitation to Scotland from the Argyll faction, accompanied him thither in 1650 and in the expedition into England, and was taken prisoner at Worcester in 1651, remaining in confinement till March 1660. Just before the restoration, he joined Charles in May 1660 at Breda, the Netherlands, and in spite of the opposition of Edward Hyde, 1st Earl of Clarendon and George Monck, was appointed Secretary of State for Scotland. From this time onwards he kept his hold upon the king, was lodged at Whitehall, was "never from the king's ear nor council," and maintained his position against his numerous adversaries by a crafty dexterity in dealing with men, a fearless unscrupulousness, and a robust strength of will, which overcame all opposition. Though a man of considerable learning and intellectual attainment, his character was exceptionally and grossly licentious, and his base and ignoble career was henceforward unrelieved by a single redeeming feature. He abandoned Argyll to his fate, permitted, if he did not assist in, the restoration of episcopacy in Scotland, and after triumphing over all his opponents in Scotland drew into his own hands the whole administration of that kingdom, and proceeded to impose upon it the absolute supremacy of the crown in kirk and state, restoring the nomination of the lords of the articles to the king and initiating severe measures against the Covenanters. In 1669 he was able to boast with truth that "the king is now master here in all causes and over all persons." His own power was now at its height, and his position as the favourite of Charles, controlled by no considerations of patriotism or statesmanship, and completely independent of the English parliament, recalled the worst scandals and abuses of the Stuart administration before the English Civil War. He was a member of the Cabal Ministry, but took little part in English affairs, and was not entrusted with the first secret Treaty of Dover, but gave personal support to Charles in his degrading demands for pensions from Louis XIV. On 2 May 1672 he was created Duke of Lauderdale and Earl of March, and on 3 June Knight of the Garter. He was also appointed Lord President of the Privy Council of Scotland in 1672, a position he held until 1681. In 1673, on the resignation of James in consequence of the Test Act, he was appointed a Lord Commissioner of the Admiralty. In October he visited Scotland to suppress the dissenters and obtain money for the Third Anglo-Dutch War. The Intrigues organised by Anthony Ashley-Cooper, 1st Earl of Shaftesbury, against his power in his absence, and the attacks made upon him in the House of Commons in January 1674 and April 1675, were alike rendered futile by the steady support of Charles and James. On 25 June 1674 he was created Earl of Guilford and Baron Petersham in the Peerage of England. His ferocious measures having failed to suppress the conventicles in Scotland, be summoned to his aid in 1677 a band of Highlanders, who were sent into the western country. In consequence, a large party of Scottish nobles went to London, made common cause with the English Country Faction, and compelled Charles to order the disbandment of the marauders. In May 1678 another demand by the Commons for Lauderdale's removal was thrown out by court influence by one vote. He maintained his triumphs almost to the end. In Scotland, which he visited immediately after this victory in the Parliament of England, he overbore all opposition to the king's demands for money. Another address for his removal from the Commons in England was suppressed by the dissolution of parliament on 26 May 1679, and a renewed attack upon him, by the Scottish party and Shaftesbury's faction combined, also failed. On 22 June 1679 the last attempt of the unfortunate Covenanters was suppressed at the Battle of Bothwell Brig. In 1680, however, failing health obliged Lauderdale to resign the place and power for which he had so long successfully struggled. His vote given for the execution of Lord Stafford on 29 November is said also to have incurred the displeasure of James. In 1682 he was stripped of all his offices, and he died in August. Lauderdale married (1) Lady Anne Home, daughter of the 1st Earl of Home, by whom he had one daughter; and (2) Lady Elizabeth Tollemache, daughter of the 1st Earl of Dysart and widow of Sir Lionel Tollemache. He left no male issue, consequently his dukedom and his English titles became extinct, but he was succeeded in the earldom by his brother Charles Maitland, 3rd Earl of Lauderdale. Elizabeth Maitland, Duchess of Lauderdale and 2nd Countess of Dysart (bapt. 28 September 1626 – 5 June 1698) was a Scottish peeress. Earl of Dysart (pronounced "Dy-zərt" or "Dy-zət") is a title in the Peerage of Scotland. It was created in 1643 for William Murray, who had earlier represented Fowey and East Looe in the English House of Commons. He was made Lord Huntingtower at the same time, also in the Peerage of Scotland. He was succeeded by his daughter, the second Countess. In 1670 she resigned the peerage and received a new grant thereof by patent with precedency of her father, and with remainder to her heirs of the body, failing which to her heirs whatsoever. Lady Dysart married, firstly, Sir Lionel Tollemache, 3rd Baronet (see Tollemache Baronets for earlier history of this title), and, secondly, John Maitland, 1st Duke of Lauderdale.
context_page_description: The family in early modern Scotland includes all aspects of kinship and family life, between the Renaissance and the Reformation of the sixteenth century and the beginnings of industrialisation and the end of the Jacobite risings in the mid-eighteenth century in Scotland.
  Scottish kinship in this period was agnatic, with descent judged through a common ancestor, helping to create the surname system in the Borders and the clans in the Highlands, with these systems beginning to break down in the seventeenth and eighteenth centuries respectively. There was considerable concern over the safety of children. The abolition of godparents in the Reformation meant that baptism became a mechanism for emphasising the role and responsibilities of fathers. Wet-nurses were used for young children, but in most families mothers took the primary role in bringing up children, while the Kirk emphasised the role of the father for older children. After the Reformation there was an increasing emphasis on education, resulting in the growth of a parish school system, but its effects were limited for the children of the poor and for girls.
context_section_description: Lowland Scotland was part of the pattern of late marriage for both men and women (between the mid and late 20s), with a relatively large proportion of the population remaining unmarried. In the Highland and Islands marriage ages may have been lower and more closely resembled Gaelic Ireland. Throughout the period, women could legally marry from the age of 12 and boys from 14. However, while many girls from the social elite married in their teens, most in the Lowlands only married after a period of life-cycle service, in their twenties. Normally marriage followed handfasting, a period of betrothal, which in the Highlands may have effectively been a period of trial marriage, in which sexual activity may have been accepted as legitimate. Marriages, particularly higher in society, were often political in nature and the subject of complex negotiations over the tocher (dowry). Some mothers took a leading role in negotiating marriages, as Lady Glenorchy did for her children in the 1560s and 1570s. They could also act as matchmakers, finding suitable and compatible partners for others.
  In the Middle Ages marriage was a sacrament and the key element in validity was consent. The sacramental status was removed at the Reformation, but the centrality of consent remained. Weddings were often elaborate occasions for public celebration and feasting. Among the poor, the tradition of the penny wedding developed, by which guests contributed to the costs of occasion. There was usually a meal after the ceremony, sometimes followed by music and dancing. These events were strongly discouraged by the Reformed Kirk, particularly in the Lowlands where the Kirk had greatest control, but opposition began to ease from about 1715 to 1725. Unlike in England, after the Reformation, "Irregular marriage", without a church ceremony or any residence qualifications, remained valid if promises were made between the couple in front of witnesses. From the 1730s the border settlements of Coldstream Bridge, Lamberton Toll, and most famously Gretna Green, developed local industries in private and rapid marriages for English couples wishing to take advantage of the more flexible Scottish marriage laws, undertaken by individuals who declared themselves marriage priests. This business would expand rapidly after the passage of Lord Hardwicke's Marriage Act in 1754, which completely ended irregular marriages in England, but not in Scotland.
  While among the wealthy, married women often focused on running the household, lower down in society they also worked with their husbands. In rural Scotland this would have included taking part in all the major agricultural tasks around the farm. They had a particular role as shearers in the harvest, forming most of the reaping team of the bandwin. In the Highlands they may have been even more significant as workers as there is evidence that many men considered agricultural work to be beneath their status and in places they may have formed the majority of the rural workforce. There was a stress on a wife's duties to her husband and on the virtues of chastity and obedience. How exactly patriarchy worked in practice is difficult to discern. Scottish women in this period had something of a reputation among foreign observers for being forthright individuals, with the Spanish ambassador to the court of James IV (r. 1488–1513) noting that they were "absolute mistresses of their houses and even their husbands".
  Before the Reformation, the extensive prohibited degrees of kinship, up to the fourth degree through consanguinity, meant that most noble marriages necessitated a papal dispensation. This could later be used as grounds for annulment if the marriage proved politically or personally inconvenient, although there was no divorce as such. After the mid-sixteenth century the prohibited degrees were reduced to those in Leviticus 13: 4–13, which limited them to relationships in the second degree of kinship. Separation from bed and board continued to be allowed in exceptional circumstances, usually adultery, and under the Reformed Kirk divorc
caption: John Maitland, 1st Duke of Lauderdale and his wife Elizabeth Murry, Duchess of Lauderdale
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