“God’s death, sir, the women of the Ogilvies don’t make irregular marriages!” The Sheriff went calmly on, only noticing the protest for the sake of answering it.
By this time Joy and Judith were close together, holding hands. Insensibly the girl drew her Aunt over to where Athlyne was standing and took him by the arm. He raised his other hand and with it covered the hand that lay on his arm, pressing it closer as he listened attentively to the Sheriff’s expounding of the law:
“I gather that I did not express myself clearly when a short time ago I spoke of the Scottish marriage laws. Let me now be more precise. And as I am trying to put into words understandable by all a somewhat complex subject I shall ask that no one present will make any remark whatever till this part of my task has been completed. I shall then answer to the best of my power any question or questions which any of you may choose to ask me.
“Let me begin by assuring you all that what in Scottish law we call an ‘irregular’ marriage is equally binding in every way with a ‘regular’ marriage; the word only refers to form or method, and in no wise to the antecedents or to the result. In our law ‘Mutual Consent’ constitutes marriage. You will observe that I speak of marriage—not the proof of it. Proof is quite a different matter; and as it is formally to be certified by a Court it is naturally hedged in by formalities. This consent, whether proved or not, whether before witnesses or not, should of course be followed by co-habitation; but even this is not necessary. The dictum of Scots’ law is ‘Concensus non concubitus facit matrimonium.’ But I have a shrewd suspicion that the mind of the Court is helped to a declaration of validity when concensus has been followed by concubitus.
“Now let us take the present case and examine it as though testing it in a Court of Law; for such is the true means to be exact. This man and woman—we don’t know ‘gentleman’ and ‘lady’ in the Law—declared in the presence of witnesses that they were man and wife. That is, the man declared to the police sergeant at Dalry that the woman was his wife; and the woman declared timeously to the police officer who made the arrest that the man was her husband. These two statements, properly set out, would in themselves be evidence not only of inferred consent by declaration de præsenti but of the same thing by ‘habit and repute.’ The law has been thus stated:
“‘It may be held that a man and a woman, by living together and holding themselves out as married persons, have sufficiently declared their matrimonial consent; and in that case they will be declared to be married although no specific promise of marriage or of de præsenti acknowledgement has been proved.’
“But there is a still more cogent and direct proof, should such be required. Each of these consenting parties to the contract of ‘marriage by consent,’ on coming separately to this hotel last night gave to the servant of the house who admitted them the name by which I hold they are now bound in honourable wedlock!” He spoke the last sentences gravely and impressively after the manner of an advocate pressing home on a jury the conclusion of an elaborate train of reasoning. Whilst speaking he had kept his eyes fixed on Colonel Ogilvie, who unconsciously took it that an exhortation on patience and toleration was being addressed to him. The effect was increased by the action of Joy, who seeing him all alone and inferring his spiritual loneliness, left Judith but still holding Athlyne’s arm drew the latter towards him. Then she took her father’s arm and stood between the two men whom she loved. Judy quietly took Athlyne’s other arm, and so all stood in line holding each other as they faced the Sheriff. No one said a word; all were afraid to break the silence.
“We now come to further proofs if such be required. The woman, who arrived first, gave the name of Lady Athlyne.” Here Joy got fearfully red; she was conscious of her father’s eyes on her, even before she heard him say:
“That foolish joke again! Did not I forbid you to use it daughter?” She felt it would be unwise to answer, to speak at all just at present. In desperation she raised her eyes to the face of her lover—and was struck with a sort of horrified amazement. For an instant it had occurred to him that Joy must have known his identity—for some time past at all events. The thought was, however, but momentary. Her eyes fell again quickly, and she stood in abashed silence. There was nothing to do now but to wait. The calm voice of the Sheriff went on, like the voice of Doom:
“The man arrived later. He himself had wired in his own name for rooms; but by the time he had arrived the possibility of his coming had, owing to the fog, been given up. The other traveller had been given the bedroom, and he slept on the sofa in the sitting-room—this room.” As he spoke he went over to the door of communication between the rooms and examined the door. There were no fastenings except the ordinary latch; neither lock nor bolt. He did not say a word, but walked back to his place. Judy could not contain her curiosity any longer; she blurted out: