OF marriage rites and customs
in the earlier times no memorial exists. Prior to the introduction of
Christianity, and even subsequently, notions respecting the obligations of
marriage were crude and imperfect. There is no evidence that the early
clergy were concerned in sanctioning the nuptial bond; nor can marriage, as
an ecclesiastical office, be traced earlier than the eighth century, when
the civil authorities recognised wedlock as solemnized by the Church.
The system of handfasting—that
is, of a man and woman engaging to live together for the period of a year,
being held free at its expiry, except they elected otherwise, was derived
from a Celtic usage which still prevails in Wales under the name of
bundling. The chronicler Lindsay of Pitscottie, in writing of Alexander
Dunbar, son of James, sixth Earl of Moray, and Isobel Innes, remarks—"This
Isobel was but handfast with him, and deceased before the marriage." When
Queen Margaret Tudor sued for a divorce from the Earl of Angus, she pleaded
that he had been handfasted to Jane Douglas, "who bare a child to him, and
by reason of that pre-contract could not be her lawful husband." Divorce was
granted by the Pope, but the child of the union between Angus and the Queen
was declared legitimate.
In reporting to Sir John
Sinclair's "Statistical Account," the minister of Eskdalemuir refers to the
practice of handfasting having existed in his parish, under ecclesiastical
sanction, at a period preceding the Reformation. At a fair held in the
parish at the confluence of the Black and the White Esk rivers, unmarried
men chose female companions with whom to be handfasted, and as the parish
was under the supervision of the monks of Melrose, a priest of that
monastery proceeded thither periodically in order to render these
engagements permanent. As he carried in the breast pocket of his dress a
copy of the marriage office, he was familiarly known as Book i' Bosom. In
1562 the Kirksession of Aberdeen decreed that persons living together under
handfast contracts should forthwith be united in wedlock. Handfasting ceased
about twenty years after the Reformation.
Though a system repugnant to
social order was discontinued, the Scottish law of marriage yet remained in
an unsatisfactory condition. While all persons who respected the social
proprieties sought in contracting marriage the sanction of the Church, the
union might otherwise be legally constituted. An acknowledgment by parties
of being husband and wife, made whether by word or writing, and followed or
preceded by their living together, was held as a valid marriage. But the
General Assembly ruled, in 1563, that no contract of marriage made secretly,
with subsequent cohabitation, should be recognised till the offenders, as
"breakers of good order," submitted to discipline, and by "famous and
unsuspect witnesses" the contract was verified.
Prior to the twelfth century
the regular as well as the secular clergy practised matrimony. But the
conduct of ecclesiastics in alienating to their children the lands of the
Church induced David I. to prescribe celibacy to the priestly order. The
rule was not strictly kept, nor were penalties for the violation enforced.
From churchmen have descended Highland chiefs and lowland barons. MIacnab is
the son of the abbot, Mactaggart the son of the priest, Macpherson the son
of the parson, Macvicair son of the vicar, and MacClery the son of the
clerk. These are traditional descents, but the children of notable churchmen
are historically named. Cardinal Beaton, who had five children, openly gave
one of his daughters in marriage to the eldest son of Lord Crawford. To the
Cardinal's successor in the primacy, Archbishop Hamilton, were born three
children. Bishop William Chisholm of Dunblane, who died in 1564, had a son
and two daughters; one of the latter was wife of Sir James Stirling of Keir.
Bishop William Gordon of Aberdeen acknowledged several children. To Bishop
Patrick Hepburn were born eight sons and two daughters, who were in 1533 and
1545 publicly legitimated. Donald Campbell, abbot of Cupar, had five sons,
to whom he granted lands which belonged to the monastery.
A marriage tax, known as the
merchet was, under the feudal system, exacted by superiors from their
vassals on the marriage of daughters. Proceeding on the principle that when
daughters were given in wedlock, the overlord was deprived of their
services, merchet was leviable alike by the baron from his bondmen, and from
the baron by his sovereign. During the reigns of James VI. and Charles I.
the merchet leviable from persons of opulence was granted by the crown to
individuals in reward of service.
Matrimonial customs
considerably varied. In betrothal, the parties usually moistened with the
tongue the thumbs of their right hands, and then pressed them together. The
violation of a contract so consecrated, was considered tantamount to an act
of perjury. In northern counties silver coins were exchanged by plighted
lovers. Writing about 1736, George Halket, schoolmaster of Rathen,
Aberdeenshire, in his song of "Logie o' Buchan," represents the breaking of
a sixpence between two lovers as constituting their love-pledge. His heroine
sings--
I sit on my creepie, and spin
at my wheel,
And think on the laddie that loe'd me sae weel,
He had but a'e sixpence—he brak' it in twa,
And he gie'd me the half o't when he gaed awa'."
As much sacredness was
associated with any contract made across the channel of a running water, so
plightinq troth across a stream became a mode of betrothal. In vowing mutual
fidelity, Burns and Mary Campbell clasped hands across the Fail stream in
the grounds of Coilsfield.
Betrothal among the Lowland
peasantry was made without parental sanction, but immediately subsequent to
the event, it was deemed proper that "the old folks" should be informed, and
their countenance invoked. When, in the middle or upper ranks, an engagement
was formed, the relatives of the parties assembled as a committee of ways
and means. On such occasions convivialities were protracted. During the
eighteenth century opulent persons provided a hogshead of claret to be used
in arranging the contract. The subscribing of the contract was an occasion
of further feasting.
Subsequent to the completion
of the contract, the affianced parties were known as bridegroom and bride.
To the bride were assigned two maidens as her attendants, while two male
kinsmen, one from each side, were appointed as her protectors.
The "booking" of parties was
an early ceremonial. In the Kirksession Register of Stirling, under the 7th
June 1579, James Duncanson, "Reader," and "Notary Public," certifies that
Archibald Alexander, brother of the laird of Menstrie, and Elizabeth,
daughter of Robert Alexander, had appeared before him personally, and "bayth
in ane voyce granted mutuall promeis of marriage, whereupon he admonished
bayth "not to cohabit till the legal completion of the union; and further,
that "they and their companies abstain fra all publict dansein and playeis
in the gaitts of the burgh on the day of the marriage, under the paine of 10
lib. money." Archibald Allan became cautioner that the promise made by the
parties would be fulfilled. A legal ceremonial enacted in presence of a
notary having, in former times, been deemed sufficient to constitute the
nuptial bond, the question was submitted to the General Assembly of 1575 as
to whether the system of mutual declaration prior to publication of banns
should be longer continued. The Assembly ruled that the names of parties
desiring proclamation should he intimated simply. Thereafter arose the
practice of two male friends of the parties waiting on the session-clerk,
and, with their names, depositing the stipulated fee. Therewith was
conjoined what was termed "laying doon the pawns"—that is, the making of a
small consignment in guarantee that the marriage would be solemnized. In the
parish of Ballingry, Fifeshire, the consignment was in 1670 fixed at two
dollars. It was ruled by a kirksession in 1666 that "the pawn" or
consignation money should "remain in the clerk's hand for the space of three
quarters of a year after the marriage."
At the Reformation it was
enacted by the General Assembly that all who wished to marry must submit
their names to the minister or session-clerk for proclamation of banns on
three successive Sundays. Subsequently it was permitted on payment of a
larger fee that banns might be completed by one public announcement, the
words "for the first, second, and third time" being added.
In times immediately
subsequent to the Reformation forty clays were required to ensue between the
time of "booking" and the day of marriage. During the interval the bride was
supposed to receive no visitors save her relations and early friends. Young
folks rubbed shoulders with the bride so as to obtain matrimonial infection.
A process of feet-washing was
enacted. One or two evenings before the nuptial ceremony a party of the
bridegroom's friends assembled at his dwelling. Into his spence or parlour
they bore a washing-tub, with towels and soap. Volunteering to wash his feet
as a respectful service the privilege was readily granted to them. But no
sooner was the bridegroom's unclothed limbs plunged into the water than
commenced a horrible saturnalia. The limbs were besmeared with grease and
soot. Then were applied brushes of coarse bristle, and when the cleansing
process was completed the besmearing was renewed. The merriment was
protracted till both the performers and the bridegroom were utterly
exhausted. Feasting followed at the bridegroom's cost.
On the morning of the wedding
the bride was attired with ceremony. On such occasions ladies of rank
personally decorated those who had served them. The lowliest bride was
expected to be clad for marriage in garments wholly new. Her dress could
not, with any regard to her happiness, be fitted on prior to the day of
marriage, nor might it be altered then, though fitting imperfectly. In the
sixteenth century a bride's dress was ordinarily valued at one hundred merks.
A marriage was held to augur good fortune only when prior to the ceremony
every knot in the apparel of both parties had been unloosed.
In the Highlands marriage was
usually solemnized in church, and in the lowlands either in the residence of
the bride's parents or at the parochial manse. When the marriage was about
to be solemnized young men from the neighbouring farms assembled bearing
firelocks, which, as a feu de joie, they discharged. In rural
districts it was held that a bride should on her marriage day appear
uncovered, but wear a cap ever afterwards. All declined to marry in May.
Pennant relates that, in 1772, when he composed his work, the people of
Perthshire avoided wedlock in January. The lowlander was averse to marrying
on Friday, but the Highlander chose that day as the most hopeful. During the
increase of the moon wedlock was in Orkney carefully eschewed.
In the Presbyterian Church
there is no prescribed form of marriage; hence in performing the nuptial
rite each clergyman adopts a style or method of his own. The ceremony is
ordinarily commenced and closed by prayer, while, prior to the nuptial vow,
are expressed words of earnest exhortation. But some clergymen omit
exhortation, and are content to read to the parties selected passages of
scripture.
A century ago, in the
Highlands, the bride at the close of the nuptial ceremony walked round her
party, saluting each with a kiss. Thereafter was passed among the company a
small dish, in which each deposited a coin, the amount collected being
handed to the bride to purchase some useful article for her new home. At the
marriage of persons belonging to the middle and upper ranks, favours,
consisting of portions of ribbon and lace, were attached to the bride's
dress. After the ceremony all endeavoured to seize these, as matter of
good luck. When the confusion had ceased, the bridegroom's attendant was
expected to pull off the bride's garter; this she modestly dropped. Composed
of white and silver ribbon, the garter was separated into portions, which
were divided among the company.
After joining the company at
the wedding breakfast, the bride and bridegroom left their friends amidst a
noisy demonstration. The domestics had previously collected old shoes, with
which they belabored the bridegroom as, with the bride on his arm, he
proceeded to his carriage. To the bridegroom's attendant was assigned the
duty of publicly notifying the marriage. In newspaper notices were formerly
intimated the supposed amount of the bride's dowry, also a eulogy of her
charms. The Edinburgh journals of September 1720, announced that the Earl of
Wemyss was "married to the only child of Colonel Charteris, with a fortune
of five hundred thousand pounds sterling, English money, which probably in a
short time may be double that sum." "But," adds the flattering chronicler,
"that is nothing at all in comparison of the young lady herself, who is
truly for goodness, wit, beauty, and fine shapes, inferior to no lady of
Great Britain." From the "Glasgow Journal" of the 24th March 1744, we have
the following: "On Monday last, James Dennistoun, junior, of Colgreine,
Esq., was married to Miss Jenny Baird, a beautiful young lady." "May 4,
1747. On Monday last, Dr Robert Hamilton, Professor of Anatomy and Botany in
the University of Glasgow, was married to Miss Molly Baird, a beautiful
young lady, with a handsome fortune." "August 3, 1747. On Monday last, Mr
James Johnstone, merchant in this place, was married to Miss Peggy Norvall,
an agreeable young lady, with £4000." From the "Aberdeen Journal
of 1750 we have the following: "Yesternight was married here, Mr Walter
Cochran, Depute Town-Clerk, to Miss Nelly Udney, daughter to James Udney,
advocate, a young lady of distinguished merit and virtue." "Last Tuesday,
Alex. Aberdein, of Cairnbulg, late Provost of this city, was married at
Montrose, to Miss Nelly Carnegie, sister to Sir James Carnegie of Pitarrow,
a young lady of celebrated beauty and distinguished merit." In the same
journal in 1755, a bride is described as "of distinguished beauty and
superlative merit."
In rural districts marriage
feasting was substituted for that merry-making which in pre-Reformation
times had been associated with saints' anniversaries and other holidays.
'Till early in the present century a practice associated with marriage,
styled winning the broose, obtained widely. Immediately after the
marriage ceremony young persons in the company, who valued themselves on
their agility, set out on a foot race from the bride's dwelling to the
residence of the bridegroom. When the distance was considerable the
competitors were mounted. In the Glasgow Courier of the 16th January 1813,
it is set forth that at a broose tournament which on the 29th March took
place at Mauchline, one of the competitors, a female, after a ride of
thirteen miles, won the broose over four males who contested with her. The
heroine, Jean Wyllie, survived to the age of 102; she passed away while
these sheets were preparing for press. The broose was a nominal prize,
consisting simply of a dish of brose or soup.
Marriage feasts, styled
"penny bridals," were so designated, consequent on a contribution of one
shilling Scots, equal to one penny sterling, being made by each of the
neighbours towards the entertainment. During the eighteenth century
neighbours contributed in ample fashion. Landowners supplied joints of
venison, beef, and mutton ; farmers sent poultry and dairy produce, and the
minister and schoolmaster gave in loan culinary utensils. The bride's
parents were understood to supply one dish, the bride's pie, and
every guest was expected to partake of it.
In Highland districts, the
bride, attended by her maidens and two male kinsmen, constituting her body
guard, proceeded some days prior to the wedding to the dwellings of her
friends to invite them to the celebration.
Bridal feasts were conducted
with no inconsiderable formality. Into the place of banqueting the bride and
her party walked first, at the sound of lively music. Next entered the
bridegroom and his friends, who were also received with musical
demonstrations. The general company followed up, the women in pairs, then
the men in the order of seniority.
Not infrequently one hundred
persons would assemble to a wedding feast. The bridal pair occupied the head
of the board. Of the guests some were accommodated at the table; others sat
on logs or beams of timber resting upon stones. To each was in the first
instance handed a horn spoon with a cog of kail or broth. Next was served
hotch-potch; next a lump of flesh or fowl. Last was ate the bride's pie. But
the fare varied. In describing a rural bridal, the poet, Francis Semple,
proceeds:-
"There'll be lang-kale and
pottage,
And bannocks o' barley meal,
And there'll be good saut herrin'
To relish a cogue of gude yill
"There'll be tarten, dragon,
and bracken,
An' fouth o' guid gabbocks o' skate.
Powsoudie and drammock an' crowdie,
An' callar nowt-feet on a plate;
"An' there'll be meal-kail,
an' castocks,
Wi' skink to sup till ye rive;
An' roasts to roast on a brander,
Of flouks that were taken alive."
Dancing, when the weather
permitted, was conducted upon the green. The first reel was danced by the
newly-married pair; next on the floor were the bride's maidens and her male
body guard. When all had danced the company returned to the banqueting room,
where supper was served. It usually consisted of cheese and bannocks, ale
and whisky. By the younger guests dancing was resumed. The concluding
diversion was a dance, called "Bab at the Bowster." It was begun by one of
the unmarried guests, who, taking a cushion in his hand, danced round the
room and at the end of the tune placed the cushion before one of the
opposite sex, who, kneeling upon it, was saluted by the dancer. The party
then took up the cushion, when both danced together. It was continued till
all the unmarried portion of the company had shared in it.
Marriage festivities were in
certain districts continued for several days. Within the course of the
present century the merry-making and jollities were prolonged from the day
of marriage to the close of the week. During the interval the nuptial party
made visits to the neighbours of their own rank, and perambulated the
district, accompanied by a piper and other mirthful attendants.
By Captain Burt we are
informed that early in the eighteenth century, on the evening which followed
a marriage, the company present at the ceremony, took possession of the
bridegroom's dwelling, sending him and his wife to the barn or outhouse,
there to remain for the night upon straw or heath.
In some districts of the
Highlands, a century ago, a portion of the guests were permitted to enter
the nuptial chamber. To the bridegroom was handed a wine glass, of which he
drank the contents, bidding his visitors good-night. The stocking of the
bride's left foot was then tossed into the air, the person near whom it fell
being thereby augured as the next to wed. In the morning the married pair
were awakened early to hold a levee of their friends and receive
congratulations.
Creeling the bridegroom was
during the last century practised in Berwickshire. Early on the morning
after marriage there was strapped to the bridegroom's back a basket of
stones or gravel, and a large-handled broom laid on his left shoulder. Thus
equipped, he was forced to run fleetly, while, the bride was expected to
follow and to disengage him of his burden.
By sundry rites was the newly
married wife welcomed to her home. At the threshold was held over her a
sieve containing bread and cheese, and as she entered the dwelling there was
broken upon her head the infar-cake, a cake of shortbread specially
prepared, while all joined in the song,
"Welcome to your ain fireside,
Health and wealth attend the bride
Wanters noo your true weird make,
Joes are spaed by th' infar-cake."
This custom of the infar-cake
had its origin in the rite of confarreation whereby the Romans constituted
matrimony by causing the contracting parties to eat together of a salted
cake, or a portion of wheaten bread which had been consecrated. Portions of
the infar-cake were distributed among the young of both sexes. The bride's
welcome was completed when she had received the fire-tongs, and with a long
broom had swept the hearth.
While emphatically
maintaining the non-sacramental character of the nuptial rite, Scottish
Reformers were desirous that a religious solemnity should be associated with
the event of marriage. By the twenty-second General Assembly, held in March
1571, it was ruled "that all marriages be made solemnly in the face of a
congregation," and the practice was to celebrate the union at the close of
the morning service. For the accommodation of persons contracting matrimony,
a special pew was provided, into which the parties were ceremoniously
conducted, by the church officer. In May 1674 the Kirksession of Dunfermline
ordained that "if brides and bridegrooms come not into the kirk, before the
first psalm be closed, they shall pay twelve shillings or more as the
minister shall please."
In order to check the
unseemly disturbances which followed Sunday marriages at St Andrews, the
Kirk-session of that parish, on the 13th September 1570, "ordainit ane
supplication to be directed to the magistrates for reformation of the grete
abuse unit be new mereit persons in violation of the Sabbat day, and in
special that the day of their marriage afterwise they resort not to hering
of the doctrine, and at evin after supper, insoleutlie, in evil example of
uthers, perturbis the town withal ryuning thairthrow in minstraly and
harlotry." Similar irregularities in connection with Sunday marriages
occurred in other places, hence, on the subject being considered by the
General Assembly of 1579, it was ruled that if a sufficient number of
witnesses were present, parties might be married on any day of the week. A
deliverance by the General Assembly of 1581 prohibiting the celebration of
marriages in private houses, led the Kirksession of St Andrews to enact, on
the 4th November 1584, that all seeking marriage, "baith riche and pair, be
contractit in the counsallhous" on Wednesday of every week, and " in na
uther place." By the Kirksession of Ahercromby, it was ruled in 1630 that
none shall be married on the Sabbath except they pay to the use of the poor
58s., and oblige themselves to keep good order.
The suppression of nuptial
festivities, usually attended with disorderly proceedings might not readily
be accomplished. In November 1583, the Kirk-session of Glasgow decreed that
there should be no superfluous gatherings at bridals, and that the lawin, or
cost of the dinner or supper, should not exceed "eighteen pennies." While
permitting a law-in of five shillings, the Kirksession of Stirling, in 1599,
decreed that no marriages should be solemnized unless the pal-ties have in
pledge four pounds, that no greater cost would be incurred. To elude
clerical surveillance the inhabitants of Stirling celebrated their nuptial
festivities under tents in the fields. To overcome, this subterfuge, the
Kirksession and Town Council of Stirling issued a joint deliverance, in
these terms "December 1, 1608. The brethren of the kirk ratifies the Act of
Counsell underwritten anent brydellis, and ordaris that na testimonial be
given but according thairto in all points. The quhilk day the Counsell
statutes and ordaines that all and quhatsunievir persones dwell and within
this burgh or parrochin, quha sal happin to be proclaimit for marriage
contractit betwix thanne, still mak thair brydellis and banquittis within
this burgh, fra thyncefurth; and if thaye fealye, being proclaimit within
the paroche kirk of this burgh be the ministeris thairof, and mak their
brydellis outwith the said burgh, in that caice the partie or parties that
sal happin to contravein, sal pay to the towne the sume of twenty poundis
money, provyding alwayes that this act be onelie extendit against the men
and women qulha sal happin to be joyned in marriage, bayth dwelland within
this burgle or parochin thairof. And if ony persone dwelland within this
burgh marie an outland woman, in that caice it is statute and ordainit that
it sall not be lessum to him to desyr any ma persones, nychtbouris of this
burgh nor twenty persones; and if it be fund or tryed that he dois in the
contrar, in that caice he sall pay to the towne the summe of ten poundis;
and willis that the kirk, befoir they grant testimonials tak ane pund
thairfor. Lykes if any outland man marie any woman dwelland within this
burgle, and if the woman contravein thairanent, in that caice sall pay uther
twenty pundis; and that befoir any testimoniall be granted be the minister
or reader, or yet hefoir marriage be solemnizit that they take ane pund for
the said soume."
Stringent as this enactment
was it proved practically inoperative, for in 1614 we find the Kirksession
of Stirling issuing a decree that the marriage rite be celebrated only in
church, after divine service, and that all merry-making of every kind should
wholly cease.
On the 9th April 1646, the
Kirksession of St Cuthbert's ordained that, under a penalty of ten pounds,
couples should not invite to their weddings more than twenty-four persons.
And in 1647 the Presbyteries of Haddington and Dunbar denounced bridal
feasts as "seminaries of all profanation," restricting the attendance at
each wedding to twenty persons. At Dumfries it was, in July 1657, ruled by
the Town Council, "that not more than twenty-four persons assemble at a
wedding, and that the expense do not exceed eight pounds, and that under the
payne of twenty punds, whereof the one half is to be payt by the bridegroom,
and the other half by the inkiepar quhar the brydle is kept."
The existence of dancing at
marriage feasts was a chief reason why the Church was so persistently
opposed to them. The ancient dances were unseemly, while the gyrations
introduced at the court of Queen Mary, and which became common, were by the
sober-minded regarded with absolute aversion. In 1599 the Kirksession of St
Andrews dealt with David Wemyss in Raderny, for being present at a dance. He
acknowledged that he had but justified himself by saying that "he never saw
that dancing was stayit (stopped) before, and that the custom was kept at
Raderny before any of the Session was born." Wemyss was imprisoned in the
church steeple for contumacy; he latterly submitted himself. In May 1649,
the General Assembly "inhibited dancing," and referred "the censure thereof
to the care and diligence" of Presbyteries. On the 8th February 1628,
"William Wallace, pyper," was sentenced by the Kirksession of St Cuthbert's
"to stand one day upon the pillar and therafter to remove furth of the
parochin, ay and untill he be ane renewit man of his maneris; and get leif
of the Presbyterie to returne, after they see amendment in his lyf and
conversatioun." For "pyping at bridals," Adam Moffat, piper, was, by the
Kirksession of Ashkirk on the 16th November 1638, ordained "the next Sabbath
to stand at the kirk door with ane pair of scheittis (sleets) about him,
beirfutt and beirlegitt, and efter the pepill wes in, to go to the place of
repentance, and so to continew Sabbathlie induring their willis." In
September 1649 the Kirksession of Cambusnethan enacted that "there sould be
no pypers at brydells, and whoever sould have a pyper playing at their
brydell on their marriage day, sall lose their consigned money, and be
furder punished as the Session thinks fitt." The Kirksession of Mouswald, on
the 23rd December 1658, "requyrit John Wright, pyper, to stand twa dayes in
the publick place of repentance, and to pay the penaltic of 20 lib., or
utherwayes give over his pyping."
In 1677, the Presbytery of
Garioch prohibited at bridals "all promiscuous dancing," and enjoined "that
the roaster of the feast lay down two dollars in pledge that if there be
anie abuse be any persons the bridegroom and bryde bath not invited, the
master of the feast his pledge sall fael, and anie abuse committed be anie
person invited be either of the parties, then they sall pay for it."
One of the latest of
kirksession decrees against bridal festivities was made at Hawick in 1703,
when John Hart, one of the elders, was summoned for "making a penny-brydall
at his daughter Christian's marriage, which ended in scolding and fliteing."
Hart was reminded that "such meetings had been laid aside this twelve
months," and were contrary to the Acts of Assembly and the laws of the
kingdom, whereupon he "upon his knees acknowledged his guilt," and "prayer
was made to God for him to grant him repentance and pardon for what he had
done, tending to revive the cursed custom of penny bryddels."
The privilege of marrying
was, by the Church, bounded by certain restraints. On the 7th July 1578, the
Kirksession of Perth, considering that those who "give up their banns of
marriage are almost altogether ignorant and misknow the causes why they
should marry, ordained all to compear before the reader to be instructed in
the true knowledge of the causes of marriage." In August 1579, the
Kirk-session of St Andrews decreed that "nane be resaivit to compleit the,
bond of matrimony without they reherse to the redar the Lord's Prayer, the
Beleive, and the Commandments."
Persons labouring under
financial difficulties were not allowed to marry. On the 28th January 1594,
the Presbytery of Glasgow decreed that "in respect that James Annan is in
greit dett, tharefor can nocht ordein Helen Bar to be mareit upone him."
The right of controlling
matrimonial concerns was by the Church strictly asserted. In the parish
register of the Canongate there are three entries relative to Queen Mary's
marriage with Lord Darnley. In the first entry permission for celebrating
the banns is thus set forth: "The 21 of Julij, anno Domini 1565. The quhilk
day Johne Brand, mynister, presentit to the kirk ane writting, written be
the Justice Clark hand, desyring the kirk of the cannongait and mynister
thairof to proclame Harie, Duk of Abbynye, erle of Rois, etc., on the one
part, and Marie, be the grace of God qvene Souerane of this realme on the
vther part. The quhilk the kirk ordanis the mynister so to do with
inwocation of the name of God." Next follows an entry of the banns being
published--thus: "Henry, Duk of Albany, erll of Rois; Marie, be the grace of
God, quen souerane of this realme. Married in the chappell." The Queen's
marriage is attested by a further entry in these words: "The 29 day of Julij
anno 1565, Henry and Marie, Kyng and Qwrezie of Scottis." When on Darnley's
assassination, the Earl of Bothwell sought to have his banns of marriage
with the Queen published in the Canongaite church, he was rigorously
questioned by the minister, Mr John Craig. And inasmuch as he answered
unsatisfactorily, Mr Craig, in publishing the banns, "took heaven and earth
to witness that he abhorred and detested that marriage, because it was
odious and sclanderous to the world."
Though allowing without
comment the Queen's marriage with Lord Darnley in the Chapel Royal of
Holyrood, the Kirksession of the Canon gate refused to sanction the chapel
for the ordinary celebration of the nuptial rite. In September 1566, they
resolved that "they would na wayes authoris any thing that is done in that
idolatrie chappell, contrare to God and his word." The chapel so denounced
has long since disappeared. The Abbey Church of Holyrood was for many years
subsequent to the Reformation the church of Canongate parish.
In 1579 the General Assembly
ordained that any marriage performed by a "Popish priest," without
proclamation of banns, should be regarded as null, while a rule obtained
denying banns to those who cherished the Romish faith. In 1588, the
Presbytery of Edinburgh allowed the banns of George, Earl of Huntly, to be
published on condition that he subscribed the articles of religion. It was
further stipulated that before the celebration of his marriage, the Earl
would accept the doctrines of the Confession of Faith.
Marriage rites performed by
Roman Catholic priests or by clergymen of the Episcopal communion were
equally disallowed. On the 26th April 1718, the Kirksession of Crathie
summoned before them Donald Gordon and Alexander Shaw, for "marrying Popish
wives," and further, for being "irregularly married by a priest," and
thereafter consulted the Presbytery as to the mode of dealing with them.
Before the, Kirksession of Eaglesham, in 1724, were summoned Robert Watson
and Margaret Stewart, for having their marriage solemnized by an Episcopal
clergyman. The parties, by command of the Presbytery, had to appear as
penitents in the parish church. By the Kirksession of Colinton, near
Edinburgh, in 1726 and subsequent years, married couples were frequently
sentenced to public rebuke "for breaking the established order of the
Church," in being married by Episcopal clergymen.
Matrimonial alliances with
the sister country were openly discouraged. In 1639, an overture was adopted
by the General Assembly, "for restraining people from passing into England
to marry," and Parliament was invoked "to appoint a pecunial sum to be paid
by the contraveners." No native of Scotland might wed an English spouse
without rebuke. By the Presbytery of Lanark, on the 28th June 1655, baptism
was refused to the child of Marian Somerell, inasmuch that "contrarie to the
Acts of the kirke of Scotland," she had "married ane Inglishman." The
Presbytery at length agreed to grant baptism on the woman making public
satisfaction, and her husband giving promise that he would bring up the
child "according to the Confession of Faith."
Clandestine marriages were
especially obnoxious. It was ruled by Parliament in 1661, that "whatsoever
person or persons shall hereafter marry, or procure themselves to be
married, in a clandestine and in-orderly way, or by Jesuit priests, or any
other not authorised by this kirk, shall be imprisoned for three months; and
beside their said imprisonment, shall pay, each nobleman, one thousand
pounds Scots; each baron and landed gentleman, one thousand merks; each
gentleman and burgess, five hundred pounds; each other person, one hundred
merks, and shall remain in prison ay, and until they make payment of these
respective penalties." To this statute it is added, "The celebrator of such
marriage shall be banished, and never again to return under pain of death."
For the convenience of
mariners, the provision as to a forty days' settlement being essential to
the publication of banns, was relaxed at the seaports. This indulgence led
to much irregularity. Portpatrick marriages became notorious. To that place
proceeded many persons from Ireland who, in their own country, could not be
united in wedlock unless under circumstances of inconvenient publicity. At
Portpatrick no obstacle intervened. The session-clerk, on receiving the fee
of one 'guinea, entered the village church and there proclaimed the banns.
That which was irregularly begun, the parochial clergyman irregularly
completed, and the parties were within an hour back to their ship, bearing a
marriage certificate. For his part of the service the clergyman latterly
received a fee of ten pounds. In 1S26, Portpatrick marriages were prohibited
by the Church. Within the preceding fifty years thirteen noblemen had been
united by the Portpatrick system; their names are recorded in the parish
register.
Rutherglen marriages had
local fame. At Rutherglen, persons who desired to contract marriage without
the cost of banns, waited on the Town-clerk, and tendered five shillings as
a penalty for being married without proclamation, the receipt for the fine
being held as a certification of marriage.
The ower bogie, or
half mark marriages, as they were familiarly called, had noted
headquarters at Coldstream on the Tweed, and at Gretna Green, upon the
Solway. At these places as on Scottish soil, natives of England, who desired
to marry without consent, could accomplish their purpose by simply declaring
that they were spouses. Most runaways chose Gretna, for there one or two
persons were constantly at hand with printed forms, which could hastily be
filled up. Large fees were expected, and by these, the unworthy performers
became rich. Robert Elliot, the last of the so-called "Border priests,"
published a book entitled "The Gretna Green Memoirs," in which he sets forth
that between the years 1811 and 1839, no fewer than 7744 persons were
married by his certificates. Elliot adopted a form or ritual founded upon
the marriage office of the English Church. [An interesting narrative
respecting Gretna Green marriages will be found in Mr Andrews' Historical
Romance. Lond., 1883, 12mo, pp. 131-9.]
The brave irregularities
which attended Border marriages at length evoked Parliamentary interference.
Accordingly, on the 29th July 1856, it was enacted "that no irregular
marriage contracted in Scotland by declaration, acknowledgment, or ceremony,
shall be valid, unless one of the parties had, at the date thereof, his or
her usual place of residence there, and had lived in Scotland for twenty-one
days next preceding such marriage." By this simple provision Border
marriages were suppressed.
Consequent on the large
dissent from the Established Church, also from other causes, it was felt
that the only mode of initiating regular marriages in Scotland, via., by
proclamation of banns in the parish church ought to be relieved by some
other alternative. Accordingly on the 8th August 1875, a statute was passed,
which provided that banns might be dispensed with, if the names of parties
intending to contract matrimony were exhibited for seven consecutive days at
the office of the parish registrar. By the statute anyone who has resided in
a particular parish for fifteen days is held to have obtained a legal
settlement. The registering of marriages is provided for by the General
Registration Act, passed on the 7th August 1854. This Act stipulates that a
schedule of marriage signed by the contracting parties, the presiding
clergyman, and two witnesses, must be deposited with the parish registrar
within three days after the celebration.
It was, in 1600, ruled by the
General Assembly that no minister should unite in matrimony any couple in
which the male was under fourteen, and the female under twelve years of age.
Yet deviations from this rule are to be remarked. Mary Countess of Buccleuch
was, on the 9th February 1659, in her eleventh year, married to Walter Scott
of Highchester, of the age of fourteen. The marriage of heiresses under the
age of twelve was not infrequent in the seventeenth century, guardians
pleading in defence that they apprehended the abduction of their wards. So
recently as the 1st June 1859 was married at 15 St James Square, Edinburgh,
a girl, who was entered by the registrar as in her eleventh year. In
examining the return the official inspector suspected error, but on inquiry
being instituted, the entry was found to be correct.
By an Act of Assembly passed
in 1565, it was ruled that every minister who celebrated a marriage without
the proclamation of banns would be liable to censure. Not long afterwards
one of the most zealous and exemplary of the reformed clergy was guilty of
the offence. This was John Row, minister of Perth, who, at the request of
his Kirksession, more especially of the Provost of the city, Lord Ruthven,
afterwards Earl of Cowrie, united in marriage, without banns, David Lindsay,
afterwards ninth Earl of Crawford, and Lilias, third daughter of David,
second Lord Drummond. The marriage was celebrated by Row on the 12th
February 1572-3, at the evening prayer meeting. On the 6th March thereafter
he was censured for his irregularity by the General Assembly. When episcopal
rule obtained in the Church, a bishop's license was occasionally substituted
for publication of banns. Rather than marry on episcopal authority, some of
the clergy celebrated marriage without either banns or license.
From the parish register of
Ballingry, Fife, we have the following:— "April 18, 1635. Was contracted
Alexander Dick and Margaret Betson, both in this parish—the man aged eighty,
the woman twenty." In his "History of Banff," our late correspondent, James
Imlach, states that his grandfather, who died at the age of ninety-six,
married his second wife when he was ninety-two.
A few illustrations of
curious connections formed by marriage may be added. John Knox was twice
married. His first wife, Marjory Bowes, was daughter of Captain Bowes, a
recreant Romanist; his second wife, Margaret Stewart, daughter of Lord
Ochiltree, was a relative of Queen Mary. Donald Cargill, the great
Covenanter, who died a martyr to his principles, married Margaret Browne, a
widow, whose former husband, Andrew Bethune of Blebo, was a relative of
Cardinal Beaton or Bethune. Mrs Cargill died on the 12th August 1656.
Major John Colt,
deputy-governor of Edinburgh Castle, who was noted for his piety, espoused
in October 1693, Anna Knot, of the family which had produced the founder of
Scottish Presbytery ; secondly, in September 1706, Mary, sister of Principal
William Carstares, through whose counsel Scottish Presbytery was restored.
Dr Alexander Webster, of the
Tolbooth Church, Edinburgh, founder of the Ministers' Widows Fund, and a
zealous upholder of the National establishment, was, through his sister
Mary, brother-in-law of Ebenezer Erskine, who founded the Secession Church.
In the parish register of
Muthill is the following entry:----"Sunday, Oct. 25, 1691. Contracted
William Gloag and Janet Seatoun, both in this parroch, their pledges ane
leg. [legal] dollar. Were proclaimed, pro primo." Janet Seatoun died
early, leaving a daughter, who about her fifteenth year, experienced from
her father's second wife much oppression. Daughter of a crofter, Miss Gloag
was unwilling to enter domestic service; she preferred to emigrate. But the
vessel in which she sought to reach America was seized by pirates, who
carried passengers and crew to the African coast. Thrown into slavery, Miss
Gloag was conveyed to Morocco, where she was married by the Emperor and so
became Empress. On the death of the emperor, a relative of the royal house
sought to dispossess her sons, and on their behalf, as descended from a
British mother, the aid of the British Government was invoked. The claim was
admitted, and a small fleet was being fitted out at Gibraltar for their
defence, when intelligence reached that, by the usurper, they had been
slain. |