"A marriage will also be constituted by declarations made by the man and the woman that they presently do take each other for husband and wife. These declarations may be emitted on any day, at any time, and without the presence of witnesses, and either by writing or orally, or by signs of any nature which is clearly an expression of intention. Such a marriage is as effective to all intents and purposes as a public marriage. The children of it would be legitimate, and the parties to it would have all the rights in the property of each other given by the law of Scotland to husband and wife."
"But if there are no documents, how can anything be proved?"
"I cannot say," replied Douglas, "but there it is. Of course, at Gretna Green, which, as you say, is not far away, the blacksmith used to witness marriages, although his presence was unnecessary. Old stories have it that the contracting parties jumped a broomstick or a pair of tongs, or something of that sort, but whether there were any signatures I really do not know. Anyhow, the law in Scotland, as I have been informed, is that if a man and a girl agree to take each other as husband and wife, a marriage is legally performed, and is as binding as if it took place in Westminster Abbey and was performed by the Archbishop of Canterbury."
There was silence for a few minutes, then one exclaimed, "I wonder we do not hear more of divorces and marriage difficulties in Scottish law courts."
"Oh, these Scotch are canny people and wonderfully logical. They seem to regard present arrangements as inevitable, and act upon them. After all, what is marriage when one comes to think about it? It is really the promise of the man and the woman to take each other as husband and wife. All the rest, Church services and legal documents, are mere attestations to the fact. Marriage, true marriage, is simply a matter for the parties in question who have determined upon union."
"Evidently you are not a High Churchman," remarked one of the others.
From this the conversation drifted on to other matters, and presently dwindled down to mere snatches, freely punctuated by yawns. Then the young men, having finished their pipes, retired to rest.
Two days later, Douglas Graham found himself alone. He had made arrangements to pay a visit to a house near the borders of Scotland. He was of Scotch descent on his father's side, while his mother's family had always lived in the South of England. For that matter the Grahams had lived in the South for three generations, so that, while he was greatly interested in Scotland, he always called himself an Englishman. The characteristics of both countries were clearly expressed in both his mind and character. The Scotch side of him was intellectual, practical, with, perhaps, a suggestion of hardness; but to counteract this, he had inherited the gentleness and the softer elements which appertain to the Southern peoples. He was only just three and twenty; he had taken a good degree at Oxford, and then set himself to qualify for the Bar. His personal appearance likewise indicated a mixture of races—tall and well-knit, he suggested a strong and determined nature; on the other hand, there was something almost effeminate in the regularity of his features, and his lips were somewhat sensuous. A passing stranger would be immediately attracted by him. Blue eyes, brown hair, and well-formed features, together with a sunny and kind-hearted disposition, had made him a popular man. While very ambitious, he also possessed a happy disposition which made him the best of companions. He was now on his way to visit a distant relative on his father's side, and looked forward with exceeding interest to spending the last weeks of his holiday in an old Scottish stone mansion, situated among the wild hills.
As a lover of beauty, he could not help being charmed by the scenery through which he passed: the purple heather, which was now in its glory, made the wild moorlands wondrous for their beauty, while the valleys through which the rushing streams passed simply enchanted him.
Presently he came to a lonely valley in a district which seemed almost entirely uninhabited. Not a soul was in sight, and scarcely a sound disturbed the silence. On each side of him, great heather-covered hills sloped up to the sky, while at his feet a stream coiled its way down the valley. Tramping along the narrow road which skirted the stream, he presently saw some cattle rushing wildly around, and he judged by the cries he heard that someone was greatly distressed. It was not long before he saw what this meant. A young girl was trying to keep some cattle together, but they, being in a turbulent mood, refused to go the way she wished. Vainly she went hither and thither, seeking to guide them into a path which led over the hills. For two or three minutes Douglas Graham watched her, and then, seeing her dilemma, went up to her.