"A marriage will also be constituted by declarations
made by the man and the woman that they presently do
take each other for husband and wife. These declarations
may be emitted on any day, at any time, and without the
presence of witnesses, and either by writing or orally, or
by signs of any nature which is clearly an expression of
intention. Such a marriage is as effective to all intents
and purposes as a public marriage. The children of it
would be legitimate, and the parties to it would have all
the rights in the property of each other given by the law
of Scotland to husband and wife."
"But if there are no documents, how can anything be proved?"
"I cannot say," replied Douglas, "but there it is. Of course, at
Gretna Green, which, as you say, is not far away, the blacksmith used
to witness marriages, although his presence was unnecessary. Old
stories have it that the contracting parties jumped a broomstick or a
pair of tongs, or something of that sort, but whether there were any
signatures I really do not know. Anyhow, the law in Scotland, as I
have been informed, is that if a man and a girl agree to take each
other as husband and wife, a marriage is legally performed, and is as
binding as if it took place in Westminster Abbey and was performed by
the Archbishop of Canterbury."
There was silence for a few minutes, then one exclaimed, "I wonder we
do not hear more of divorces and marriage difficulties in Scottish law
courts."
"Oh, these Scotch are canny people and wonderfully logical. They seem
to regard present arrangements as inevitable, and act upon them. After
all, what is marriage when one comes to think about it? It is really
the promise of the man and the woman to take each other as husband and
wife. All the rest, Church services and legal documents, are mere
attestations to the fact. Marriage, true marriage, is simply a matter
for the parties in question who have determined upon union."
"Evidently you are not a High Churchman," remarked one of the others.
From this the conversation drifted on to other matters, and presently
dwindled down to mere snatches, freely punctuated by yawns. Then the
young men, having finished their pipes, retired to rest.
Public-domain text, read in full here on John Shaqi.
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