"Yes," said the other, "and somehow Scotland is different from England.
I believe, if I knew nothing about the geography of the district, that
directly I put my foot on Scottish soil I should know it. Everything
is different there: the outlook on life, the customs, the laws and the
prevailing sentiments of the people. Why, we cannot be far from Gretna
Green now--think of the scenes which took place around here a few years
ago!"
"Have the laws changed much in relation to marriage?" asked the first
speaker. "You are studying for the Bar, Douglas, you ought to know."
The young man who had not yet spoken was different from the others. He
was cast in a more intellectual mould, and, although bronzed by the sun
and wind of the Cumberland Hills, his demeanour suggested the student.
"I really don't know much about Scottish laws," he replied, "they are
so different from those of England. It is wonderful how people living
so close together could have framed laws so entirely dissimilar. Of
course, marriage laws have been a curious business both in England and
Scotland. Before Lord Hardwicke's Act the marriage arrangements in
England were very peculiar, but with that Act things took a different
course. In Scotland, however, I believe they remained pretty nearly
the same as before. As a matter of fact, marriage in Scotland is very
difficult to define."
"In what way?"
"Well, I believe, even now, a marriage is valid even although there are
no witnesses, no minister, no religious ceremony, and no formula
whatever."
"But, my dear fellow," said one of the others, "that is surely
impossible."
"I think not," replied the young man called Douglas. "I was talking
with an old Scotch lawyer only a few months ago, and he was telling me
that even yet Scotch marriages are about as loose as they can possibly
be. He explained to me that Scotch marriage is a contract constituted
by custom alone, and although generally of a well-attested nature, a
marriage may be completed by a solemn and deliberate consent of the
parties to take each other for husband and wife, and that such a
marriage is absolutely binding. No writing or witnesses are necessary.
He also explained to me that a marriage could be legally constituted in
Scotland by a _promise_ to marry followed by the parties living
together for a few hours. By the way, I wonder whether in this old inn
there is an encyclopaedia of some sort. Yes, here is one; evidently it
has not been opened for years. Here we are, 'Marriage,' yes, 'Scotch
Marriage':
Public-domain text, read in full here on John Shaqi.
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