“I trust sir, you will yield to me the consideration often asked by, and sometimes granted to a well-intentioned man, however bungling the same might be in thought or method or manner.” Colonel Ogilvie conceded the favour with a gracious bow. Thus emboldened, if not justified, he went on:
“I fain would ask that I might be allowed to make something in the nature of a short statement, and to make it without interruption or expostulation. You will understand why presently.” Again the gracious acquiescence; he continued:
“You are, I take it, a stranger to this country; though, if I am not misled by name and lineament, claiming Scottish forbears?” Colonel Ogilvie’s bow came more naturally this time. His in-lying pride was coming to the rescue of common sense. The Sheriff understood, and went on with better heart:
“The experience which I have had in the performance of my duties as sheriff has shewn me that such a group as I see before me--father, daughter and lover, if I mistake not--is not uncommon in this part of Scotland.” No one answered his bow this time. All were grimly silent in expectancy. He felt that it was a dangerous topic; but the fact had been stated without being denied. He hurried on:
“Just across the Border, as we are, we have had very many occasions of run-away marriages; I have had myself in earlier days to explain for the good of all parties how the law stands in such matters. More than once the knowledge enabled those interested in it to spare much pain to others; generally to those whom they loved best. I trust that now I may use that knowledge in your behalf--as a friend. I am not here in my official capacity--or perhaps I might not be so free to advise as I am now without, I trust, offence to any one.” Colonel Ogilvie’s gracious bow here answered for all the party. The Sheriff felt more at ease. He was now well into his subject; and the most difficult part of his duty had been, he thought, passed. All three of his hearers listened eagerly as he went on:
“A knowledge of the law can hurt no one; though it may now and again disappoint some one--when expounded too late. Well, there is a common belief in South Britain--and elsewhere that the marriage law in Scotland is a very filmy thing, with bounds of demarcation which are actually nebulous. This doubtless arises from the fact that all such laws are based on the theory that it is good to help such contracting parties to the secure and speedy fulfilment of their wishes. But anyone who thinks that they are loose in either purpose or action is apt to be rudely enlightened. The Scots’ Marriage laws demand that there be a manifest and honest intention of marriage on the part of the contractors. This intention can be proved in many ways. Indeed the law in certain cases is willing to infer it, when direct proof is not attainable, from subsequent acts of the parties. I may fairly say that in all such cases courts of law will hold that mutuality of intention is of the essence of marriage rite. This followed by co-habitation _is_ the marriage; though the latter to follow close on the declaration is not always deemed necessary. In our law the marriage may be either of two kinds. The most formal is that effected by a minister or proper official after due calling of banns, or by notice given to sheriff or registrar. The other form is by what is known in the law as ‘Irregular marriage.’ This is in legal parlance--for which I make no apology as it is necessary that all married folk, or those intending to enter that honourable condition should understand it--is known as ‘intention followed by copula.’ Now you must know that either form of marriage is equally binding--equal in law and honour; and when the conditions attached to each form have been duly fulfilled such marriage is irrefragable. In old days this facility of marriage made Gretna Green, which is the first place across the Border, the objective for eloping lovers matrimonially inclined; and as till 1856 no previous residence in Scotland was required, romance was supposed to stop at the Border. That is, the marriage could be effected and parental objections--did such exist--were overborne. There were many cynical souls who held that repentance for the hasty marriage could then begin. I feel bound to say that this is an opinion in which I do not myself share.