In Scotland except as restricted by 19 and 20 Vict., c. 96, the principles of the canon law are still in force, "subject only to such modifications as it has undergone from time to time by the application of the rules of evidence established in that country, and the course of judicial decisions" (Hammick, op. cit., 221). But in 1856 by 19 and 20 Vict., c. 96, called Lord Brougham's Act, for a contract to be valid, the parties must have resided in Scotland at least twenty-one days preceding the ceremony. This put an end to "Gretna Green" weddings, but otherwise private contracts are still legal. Thus three kinds of marriages are recognized: (1) "regular marriages" before a minister according to custom or statute; (2) "irregular marriages" per verba de praesenti; (3) "irregular marriages" per verba de futuro, subsequente copula; but in this case the contract must be written or proved by confession on oath: Hammick, op. cit., 221 ff. That Scotch marriages are binding in England was established by the celebrated judgment of Lord Stowell in Dalrymple v. Dalrymple in 1811: Dodson, A Report of the Judgment, 1 ff., 97 ff.; Stephens, Laws of the Clergy, I, 672, 688; Friedberg, Eheschliessung, 426, 427; Kent, Commentaries, II, 87. In general, see Geary, op. cit., 531 ff.; Friedberg, op. cit., 428, 437-59; idem, Geschichte der Civilehe, 18 ff.; Moore, How to be Married, 85 ff.; Robertson, in Britannica, XV, 567; Tegg, The Knot Tied, 216-23 (Gretna Green); Jeaffreson, Brides and Bridals, II, 203-16 (Gretna Green); Glasson, Histoire du droit et des inst., VI, 162-69; Wharton, Laws Rel. to Women, 265-98 (present English law), 298-303 (Scotch law); Stephens, Laws of the Clergy, I, 671-779; Carlier, Mar. aux États-Unis, 41 ff.
Transcriber's note:
Minor typographical and punctuation errors have been corrected without note. Irregularities and inconsistencies in the text have been retained as printed.
Mismatched quotes are not fixed if it's not sufficiently clear where the missing quote should be placed.
The cover for the eBook version of this book was created by the transcriber and is placed in the public domain.
In the Table of Contents: III.The Evils of the Spiritual Jurisdiction 351-359"—350 was changed to 351.
Page 170: The closing quote is missing—'the custom "in accordance with which every woman'
Page 349: [=n] in bego[=n]e depicts small letter n with macron above.
Footnote 1199: [~x] depicts a tilde above a letter.