The Great North Road, the Old Mail Road to Scotland: York to EdinburghHarper, Charles G. (Charles George)
History
The Great North Road, the Old Mail Road to Scotland: York to Edinburgh
Harper, Charles G. (Charles George)
A1 Road (England and Scotland); England -- Social life and customs; Great Britain -- Description and travel
Scots law is a fearful and wonderful variant from English. Even its
terminology is strange to the English ear, which finds—hey, presto!—on
passing Berwick Bounds, a barrister changed into an “advocate,” a
solicitor converted into a “Writer to the Signet,” and a prosecutor
masquerading under the thrilling and descriptive alias of “pursuer.” It
was the laxity of Scots law that made, not only Gretna Green, but any
other place over the Border from England, a resort of those about to
marry and impatient of constraints, legal or family, at any period
between 1753 and 1856. Gretna Green and its neighbour, Springfield, in
especial, and in no small degree Lamberton Toll, were the scenes of much
hasty marrying during that space of time. Marrying, _bien entendu_, and
not giving in marriage, for these were runaway matches, and those whose
position it was to give, and who withheld their consent, generally came
posting up to the toll-gate in pursuit just in time to hear the last
words of the simple but effective ritual of the toll-keeper who had
witnessed the declaration of the truants that, “This is my wife,” and
“This is my husband,” a simple form of words which, uttered in the
presence of a witness, was all that the beneficent legal system of
Scotland required as marriage ceremony. This form completed, and for
satisfaction’s sake a rough register subscribed, the indignant parent,
who possibly had been battering on the outside of the door, was admitted
and introduced to his son-in-law.
It was a century of licence (not marriage licence), that prevailed on the
Border from the passing of Lord Hardwicke’s Clandestine Marriage Act in
1753 until that of Lord Brougham in 1856, which put a stop to this “over
the Border” marrying by rendering unions illegal on the part of those not
domiciled in Scotland, which had not been preceded by a residence in that
kingdom of not less than twenty-one days by one or other of the
contracting parties.
There was no special virtue in the first place across the Border-line at
any point, nor did it matter who “officiated,” the person who “performed
the ceremony” being only a witness and in no sense a clergyman; but it
was obviously, with these legal facilities, the prime object of runaway
couples pressed for time, and with hurrying parents and guardians after
them, to seize their opportunity at the first place, and at the hands of
the first person in that liberal minded land. Not that the Kirk looked
benevolently upon this. It fined them, for discipline’s sake, and the
happy couples cheerfully paid, for by doing so they acquired the last
touch of validity, which, on the face of it, could not be called into
dispute.
Public-domain text, read in full here on John Shaqi.
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