Posted by Galleon on September 11, 1998 at 19:26:49:
In response to Scot's marriage law, written by P. Bingham on September 10, 1998 at 20:16:50
In order to legally marry they had to have a marriage contract signed before witnesses
I am sure you are right, but I remain puzzled. If a written and witnessed contract was necessary, did this also apply to Gretna Green marriages? Brewer's Dictionary of Phrase and Fable states: "Gretna Green marriages. Runaway marriages. Elopers from England reaching Gretna ... could (up to 1856) get legally married without licence, banns or priest. all that was required was a declaration before witnesses of the couple's willingness to marry. This declaration was generally made to a blacksmith, landlord, toll-keeper, etc. By an Act of 1856, the residence in Scotland of atleast 21 days of one of the parties became essential before a marraige was possible ... marriage by declaration ceased to be legal in July 1940 ..." Does Brewer simply -- and incorrectly -- leave out the necessity for the written and witnessed contract?
] ] I think that Scottish law required only that a couple publicly declared themselves married, or acted as though married, to be in fact legally married.]
] . Which means that they did require a written form of contract and acting as though married would not have been enough. They did not have any age requirements as England did, however.
- Gretna Green P. Bingham 20:39:13 9/11/98 (6)
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- Oddities of Scottish and Irish Marriage Law SuzanneR 00:59:09 9/12/98 (1)
- Irish laws P. Bingham 22:57:58 9/12/98 (0)
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