It became customary towards the close of the sixteenth century for
security to be given, with the notice of banns, for the solemnisation of
the marriage, two friends of the parties depositing with the clerk a sum
of money as a guarantee, and that for more than one purpose. In 1570 the
Assembly ordered that "promise of marriage shall be made according to the
order of the reformed Kirk to the minister, exhorter, or reader, taking
caution for abstinence till the marriage be solemnised." The minutes of
Kirk Sessions show that, in numerous instances, during the latter half of
the seventeenth century, such deposits were retained for the space of nine
calendar months after the marriage. The Kilmarnock Kirk Session was not so
strict. It was there ordered, in 1670, that the deposit should be
returned to the parties on the expiration of half a year. Whatever the
term was, if scandal arose before it expired, the deposit became
forfeited.
Kirk Sessions in some cases accepted personal security in lieu of cash,
the bondsmen in such cases becoming liable in the event of scandal
arising, or the non-solemnisation of the marriage. But this system, so
convenient for those who could not raise the caution money, or "pawn," as
it was commonly called, was in course of time abandoned. The Kirk Session
of Mauchline instructed the clerk, in 1691, "to take neither bond nor
cautioner for consignation money, but to require that the money be laid
down, to remain in his hand for the space of three-quarters of a year."
The example was followed by other Kirk Sessions, but the custom continued
for a long time afterwards, and was never formally abolished, falling into
abeyance gradually. Dr Edgar, in his "Old Church Life in Scotland," states
that "on a page at the end of a small volume of scroll minutes still
extant there is a writing, under date 23rd November, 1771, which has all
the appearance of being a genuine matrimonial consignation bond."
The First Book of Discipline makes it peremptory that no persons should be
married without the consent of the parents, unless it should appear that
there was no reasonable ground for the refusal of their consent. The
Westminster Directory qualifies this by ruling that the consent of parents
should be obtained to first marriages, especially if the parties were
under age. It is not clear whether non-age means under the age of
twenty-one, or is to be interpreted by the decree of the General Assembly
of 1600 that, "considering that there is no statute of the kirk,...
defining the age of persons which are to be married, ordain that no
minister within this realm presume to join in matrimony any persons in
time coming, except the man be fourteen years of age, and the woman twelve
complete." The same ages are given in the First Book of Discipline.
Public-domain text, read in full here on John Shaqi.
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