Marriage Laws and Customs.
The laws relating to marriage differ so much in Scotland from those under
which dwellers south of the Tweed live, that no comparison of social and
religious life in the two countries can be made without knowledge of them.
In no part of Christendom have the ecclesiastical laws relating to the
relations of the sexes been more strict, or more strictly enforced, than
in Scotland, and in no other have there been more irregularities. It was
not until more than twenty years after the Reformation that the custom of
"handfasting," which had come down from old Celtic times, fell into
disrepute and consequent disuse. By this term was understood cohabitation
for a year, the couple being then free to separate, unless they agreed to
make the union permanent. Lindsay, the chronicler, says of Alexander
Dunbar, son of the sixth Earl of Moray, and Isobel Innes,--"This Isobel
was but handfast with him, and deceased before the marriage." When
Margaret, widow of James IV., sued for a divorce from the Earl of Angus,
she pleaded that he had been handfasted to Jane Douglas, "and by reason of
that pre-contract could not be her lawful husband." How such marriages
were regarded at that time is shown by the fact that the marriage was
dissolved by the Pope, though the issue of the Queen's marriage with Angus
was pronounced legitimate.
Sir John Sinclair's "Statistical Account of Scotland" contains a report
from the minister of Eskdale Muir, referring to the practice of
handfasting as existing in that parish, under ecclesiastical sanction, at
a period anterior to the Reformation. At a fair held there, unmarried men
chose women to be handfasted with them, and a monk from Melrose Abbey
visited the place annually, to marry those couples who wished the union to
be made permanent. The first check given to the practice appears to have
been the decree of the Kirk Session of Aberdeen, in 1562, that persons
cohabiting under the sanction of a handfast contract of marriage should be
united in lawful wedlock. But though this practice was discontinued, and
those who wished to be thought respectable obtained the blessing of the
Church on their marriage, irregularities continued to exist, and even to
be permitted. An acknowledgment by a couple that they were husband and
wife, either orally or in writing, followed or preceded by cohabitation,
was regarded as a valid marriage, both by the Church and by society. In
1563, however, the General Assembly of the Church ruled that no contract
of marriage so made should be recognised until the parties had submitted
themselves to the discipline of the Church, and the contract had been
verified by witnesses of good repute.
Public-domain text, read in full here on John Shaqi.
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