Deviations from even this rule sometimes occurred, and may be classed
among the permitted irregularities referred to at the beginning of this
paper. The marriage of heiresses under the age of twelve was not
infrequent, the plea of the guardians, that they feared the abduction of
their wards if longer unmarried, being admitted. There is a record of the
marriage of a girl in her eleventh year to a boy of fourteen in 1659; and
no longer ago than 1859 a girl was married at Edinburgh, who was entered
by the registrar as in her eleventh year. The official inspector thought
there must have been an error in the registration, but inquiry proved that
the entry was correct.
There was no laxity, however, in the matter of prohibited degrees of
relationship. In 1731, an irregular marriage came before the Presbytery of
Ayr. The banns had been forbidden on the ground that the woman's first
husband had been grand-uncle to the second bridegroom. The lovers
thereupon proceeded to Carlisle, and were there united in marriage. The
Presbytery pronounced them guilty of incest, prohibited them from
cohabitation, and the interdict being disregarded, passed sentence of
excommunication.
Marriage might be refused in former times when either of the parties was
found to be "under scandal." In 1565, the General Assembly enacted that
"such as lie in sin under promise of marriage, deferring the
solemnisation, should satisfy publicly, in the place of repentance, upon
the Lord's day before they be married." Many instances are recorded of
persons appearing before the Kirk Session, and denying upon oath that they
had committed the sin of which they were accused. The Kirk Sessions were
equally diligent in their endeavours to prevent scandals. In 1621, it was
reported to the Kirk Session of Perth "that Janet Watson holds house by
herself, where she may give occasion of slander," wherefore an elder was
directed "to admonish her in the Session's name either to marry or to pass
to service."
Public-domain text, read in full here on John Shaqi.
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