Is no like a wooer that comes at e’en.
We may conclude, on other ballad evidence, that it was right unseemly for the lassie to make the first step in this owl-like courtship. The ballad of ‘The Maid gaed to the Mill’ is a warning. She pretended to go merely to get her corn ground, but really that the miller might make love to her—
The maid’s gane to the mill by night,
Hech hey, sae wanton!
The maid’s gane to the mill by night,
Hey, sae wanton she!
In connection with midnight courtship may be noticed the clandestine ‘Ruglen marriages,’ which were so called because in Rutherglen it was more easy to get legally married in spite of law than elsewhere. A couple of centuries ago an Act of Parliament visited clandestine marriages (that is, without banns) with heavy penalties and imprisonment, but it did not invalidate the marriage itself. The Rutherglen justices broke the law while professing to maintain it, made money thereby, and gave especial delight to the lasses. For example: a lad and lass wish to be quietly married; they got a friend to denounce them to a ‘Ruglen magistrate’ for having broken the law. The offenders were summoned before him; they of course acknowledged, in the presence of the court, that they were man and wife, which acknowledgment made them so legally. They were fined five shillings, and were given a copy of the sentence, which they signed; and this was universally taken as a legal certificate of the union. Other magistrates followed this lucrative business. When they told the young offenders that as to the statute penalty of three months’ imprisonment the court would take time to consider, the lad, lass, court, and assistants all laughed aloud, and the Ruglen marriage was a legal one.
In earlier days than those just referred to great evil arose from the fact that girls of twelve years of age could legally effect a marriage of their own will. We might suppose that the lovers could afford to patiently wait for the nymphs till then. Manœuvring mothers, however, frequently sacrificed lovers content to wait, for others whom the mothers preferred to favour. In 1659 the Countess of Buccleuch (in her own right) was married, when only eleven years of age, to Scott of High Chester, a lad of fourteen. This was the evil work of the bride’s mother, the Countess of Wemyss. The validity of the marriage was disputed, but meanwhile the bride finished her twelfth year, and then married the lad of her own accord. She died very early in her teens, and then her successor (for she was a great heiress), her sister Annie, was married, while still a child, to the natural son of Charles II.—the Duke of Monmouth. Parents and guardians were heavily fined for allowing these marriages when the parties were under age; but as they gained more by selling an heiress than they lost in paying the penalty, this did not deter them. On some occasions a gallant would carry off a child-heiress and keep her till she reached the lawful age. Towards the end of the seventeenth century this freak was looked upon as a crime. When Carnagie, the Earl of Northesk’s brother, thus ran off with Mary Gray of Baledgarnie, men said if he could be got, he deserved hanging, for an example to secure men’s children from such attempts.
This practice had died out, but in 1728, we hear of an ‘abduction in the old style.’ The offender was a Highlander. The damsel was a wright’s niece, named Mowbray. Her ‘gouvernante had betrayed her upon a promise of a thousand marks, the young lady having 3,000l. of fortune.’ The uncle luckily caught them near to Queensferry, as they were coming to town to be married. The newspapers add, ‘The gouvernante is committed to prison, as is also the gentleman.’ There were some illegitimate marriages that were severely punished. In the reign of Charles I., a tailor in Currie was beheaded for marrying his deceased wife’s half-brother’s daughter. As late as the reign of William and Mary, we hear of a certain Margaret Paterson, one of the beauties of the then prevailing husseydom. She had drawn into her irresistible toils the two young sons of a kirk minister named Kennedy. For this offence Margaret stood an hour in the ‘jougs,’ was whipped the whole length of the city, and was then transported to the plantations for the term of her natural life.