d 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':
"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
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