are essential to the constitution of this, the most
important contract which two persons can enter into.’—There
is a Scotch judge’s own statement of the law
that he administers! Observe, at the same time,
if you please, that we make full legal provision in
Scotland for contracts affecting the sale of houses
and lands, horses and dogs. The only contract
which we leave without safeguards or precautions of
any sort is the contract that unites a man and a woman
for life. As for the authority of parents, and
the innocence of children, our law recognizes no claim
on it either in the one case or in the other.
A girl of twelve and a boy of fourteen have nothing
to do but to cross the Border, and to be married—without
the interposition of the slightest delay or restraint,
and without the slightest attempt to inform their
parents on the part of the Scotch law. As to the
marriages of men and women, even the mere interchange
of consent which, as you have just heard, makes them
man and wife, is not required to be directly proved:
it may be proved by inference. And, more even
than that, whatever the law for its consistency may
presume, men and women are, in point of fact, held
to be married in Scotland where consent has never been
interchanged, and where the parties do not even know
that they are legally held to be married persons.
Are you sufficiently confused about the law of Irregular
Marriages in Scotland by this time, Mr. Delamayn?
And have I said enough to justify the strong language
I used when I undertook to describe it to you?”
“Who’s that ‘authority’ you
talked of just now?” inquired Geoffrey.
“Couldn’t I ask him?”
“You might find him flatly contradicted, if
you did ask him by another authority equally learned
and equally eminent,” answered Sir Patrick.
“I am not joking—I am only stating
facts. Have you heard of the Queen’s Commission?”
“No.”
“Then listen to this. In March, ’sixty-five,
the Queen appointed a Commission to inquire into the
Marriage-Laws of the United Kingdom. The Report
of that Commission is published in London; and is accessible
to any body who chooses to pay the price of two or
three shillings for it. One of the results of
the inquiry was, the discovery that high authorities
were of entirely contrary opinions on one of the vital
questions of Scottish marriage-law. And the Commissioners,
in announcing that fact, add that the question of
which opinion is right is still disputed, and has
never been made the subject of legal decision.
Authorities are every where at variance throughout
the Report. A haze of doubt and uncertainty hangs
in Scotland over the most important contract of civilized
life. If no other reason existed for reforming
the Scotch marriage-law, there would be reason enough
afforded by that one fact. An uncertain marriage-law
is a national calamity.”
“You can tell me what you think yourself about
my friend’s case—can’t you?”
said Geoffrey, still holding obstinately to the end
that he had in view.