Bigamy -- Fiction; Domestic fiction; England -- Fiction; Married women -- Fiction
“Then listen to this. In March, ‘sixty-five, the Queen appointed a
Commission to inquire into the Marriage-Laws of the United Kingdom. The
Report of that Commission is published in London; and is accessible to
any body who chooses to pay the price of two or three shillings for
it. One of the results of the inquiry was, the discovery that high
authorities were of entirely contrary opinions on one of the vital
questions of Scottish marriage-law. And the Commissioners, in announcing
that fact, add that the question of which opinion is right is still
disputed, and has never been made the subject of legal decision.
Authorities are every where at variance throughout the Report. A haze of
doubt and uncertainty hangs in Scotland over the most important contract
of civilized life. If no other reason existed for reforming the Scotch
marriage-law, there would be reason enough afforded by that one fact. An
uncertain marriage-law is a national calamity.”
“You can tell me what you think yourself about my friend’s case--can’t
you?” said Geoffrey, still holding obstinately to the end that he had in
view.
“Certainly. Now that I have given you due warning of the danger of
implicitly relying on any individual opinion, I may give my opinion with
a clear conscience. I say that there has not been a positive marriage in
this case. There has been evidence in favor of possibly establishing a
marriage--nothing more.”
The distinction here was far too fine to be appreciated by Geoffrey’s
mind. He frowned heavily, in bewilderment and disgust.
“Not married!” he exclaimed, “when they said they were man and wife,
before witnesses?”
“That is a common popular error,” said Sir Patrick. “As I have already
told you, witnesses are not legally necessary to make a marriage in
Scotland. They are only valuable--as in this case--to help, at some
future time, in proving a marriage that is in dispute.”
Geoffrey caught at the last words.
“The landlady and the waiter _might_ make it out to be a marriage,
then?” he said.
“Yes. And, remember, if you choose to apply to one of my professional
colleagues, he might possibly tell you they were married already. A
state of the law which allows the interchange of matrimonial consent
to be proved by inference leaves a wide door open to conjecture. Your
friend refers to a certain lady, in so many words, as his wife. The lady
refers to your friend, in so many words, as her husband. In the rooms
which they have taken, as man and wife, they remain, as man and wife,
till the next morning. Your friend goes away, without undeceiving any
body. The lady stays at the inn, for some days after, in the character
of his wife. And all these circumstances take place in the presence o f
competent witnesses. Logically--if not legally--there is apparently an
inference of the interchange of matrimonial consent here. I stick to
my own opinion, nevertheless. Evidence in proof of a marriage (I
say)--nothing more.”
Public-domain text, read in full here on John Shaqi.
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