“A knowledge of the law can hurt no one; though it may now and again disappoint some one--when expounded too late. Well, there is a common belief in South Britain--and elsewhere that the marriage law in Scotland is a very filmy thing, with bounds of demarcation which are actually nebulous. This doubtless arises from the fact that all such laws are based on the theory that it is good to help such contracting parties to the secure and speedy fulfilment of their wishes. But anyone who thinks that they are loose in either purpose or action is apt to be rudely enlightened. The Scots’ Marriage laws demand that there be a manifest and honest intention of marriage on the part of the contractors. This intention can be proved in many ways. Indeed the law in certain cases is willing to infer it, when direct proof is not attainable, from subsequent acts of the parties. I may fairly say that in all such cases courts of law will hold that mutuality of intention is of the essence of marriage rite. This followed by co-habitation _is_ the marriage; though the latter to follow close on the declaration is not always deemed necessary. In our law the marriage may be either of two kinds. The most formal is that effected by a minister or proper official after due calling of banns, or by notice given to sheriff or registrar. The other form is by what is known in the law as ‘Irregular marriage.’ This is in legal parlance--for which I make no apology as it is necessary that all married folk, or those intending to enter that honourable condition should understand it--is known as ‘intention followed by copula.’ Now you must know that either form of marriage is equally binding--equal in law and honour; and when the conditions attached to each form have been duly fulfilled such marriage is irrefragable. In old days this facility of marriage made Gretna Green, which is the first place across the Border, the objective for eloping lovers matrimonially inclined; and as till 1856 no previous residence in Scotland was required, romance was supposed to stop at the Border. That is, the marriage could be effected and parental objections--did such exist--were overborne. There were many cynical souls who held that repentance for the hasty marriage could then begin. I feel bound to say that this is an opinion in which I do not myself share. “In 1856 an Act of Parliament, 20th Vict. Cap. 96, was passed, by which it became necessary for the validity of irregular marriage that at least one of the two contractors should have his or her usual residence in Scotland, or have been resident in Scotland for three full weeks next preceding the marriage.