In 1827, at the Kent Assizes, a Gretna Green marriage was the subject of a
curious trial before Mr Baron Hullock. The action was taken against one
Mrs Wakefield and her two sons, for conspiring "to take away by subtle
stratagems" a young lady named Turner, who had not yet left school. The
David Laing above mentioned was called as a witness on behalf of the
defendants, and he affirmed that the couple were married lawfully
according to the Scottish fashion--namely, by putting on the lady's finger
a ring. The witness said he was seventy-five years old, and had spent more
than half of his life in the performance of marriages. In
cross-examination by Mr Brougham, he admitted obtaining L30 for this
particular ceremony, or even L50, but could not remember exactly, "being
somewhat hard of hearing." The accused was found guilty of causing this
young lady to "contract matrimony without the consent of her father, and
to the great disparagement of the King's peace." The chief prisoner, E.
Gibbon Wakefield, was convicted of abduction, and the marriage, which
excited considerable public attention, was afterwards rendered invalid,
and annulled by an Act of Parliament specially obtained. After this
flagrant case Gretna Green marriages fell into disrepute, and the business
showed a steady decline, though cases of the employment of pseudo-parsons
are on much later record. In 1853, a person named Thomas Blythe, a witness
before the Court of Probate at Westminster, stated that he lived at
Springfield, Gretna Green, and that he obtained his livelihood by means of
agriculture, but that he not unfrequently took advantage of opportunities
to increase his income by small strokes of business in the "joining" line.
Again, the demise of another "joiner" was announced so late as 1872, when
the obituary of Simon Laing appeared in the _Glasgow Herald_. It is
probable, however, that the pursuit of his "clerical" profession ceased
long before the date of his death, for, in 1856, the old law by which the
mere verbal declaration of consent before witnesses was sufficient to
constitute a Scottish legal marriage became effete through the passing of
the Act of Parliament, 19 and 20 Victoria, cap. 96. By this Act the laws
of Scotland and England were brought into assimilation, and in that year
the occupation of the northern hedge-parsons was virtually gone.
It may be said such marriages as those we have described were considered
as clandestine and ill-advised in Scotland, as in more southern parts, the
Church of Scotland doing all that lay in its power to discourage and
prevent them. The only punishment, however, which it had for transgressors
being excommunication, the restraint by the Kirk was very slight, its
injunctions and fulminary condemnations being treated with contempt.
Public-domain text, read in full here on John Shaqi.
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