Page:The Green Bag (1889–1914), Volume 11.pdf/461

428 goods. This bloody law was passed in 1587.

In 1639 an overture was adopted by the General Assembly, "for restraining people from passing into England to marry," and Parliament was invoked "to appoint a pecunial sum to be paid by the contraveners." No native of Scotland might wed an English spous'e without rebuke, even more than thirty years after James Stuart had climbed into the English throne.

In 1655 the Presbytery of Lanark at first refused to baptize a child because its mother had, contrary to the acts of the Kirk of Scotland, married "ane Inglishman": to save the little innocent from the risk of future torments, the poor mother made public satisfaction, and the "Inglishman" promised that he would bring up the child "according to the confession of faith." As late as 1776 the Kirk session of Greenlaw refused to recognize the marriage certificate of the curate of an English parish of a marriage in England, holding that "neither of the parties had been lawfully married in their parish church" and decreeing that they should be proclaimed three times and married over again.

Marriage rites performed by Roman Catholic priests, or by clergymen of the Episcopal communion, were equally disallowed in the eighteenth century, and parties entering wedlock in that way had to appear as penitents in the parish church. In 1600 the General Assembly enacted that no minister should officiate at any marriage where the groom was under fourteen and the bride less than twelve. Yet in the seventeenth century many heiresses were married under the age mentioned.

The Scottish reformers wished marriage to be attended with religious solemnities. In 1571, the General Assembly decreed " that all marriages be made solemnly in the face of the congregation," and the practice was to celebrate the union at the close of the morning service; a special pew was provided for those about to perpetrate matrimony, and into it the blushing parties were ceremoniously ushered by the church officers. Sometimes, then, as now, the bridal party was late in arriving. Kirk sessions tried to teach punctuality, and that of Dumfermline (in 1674) ordained that " if brides and bridegrooms came not into the Kirk before the first psalm be closed, they shall pay twelve shillings, or more, as the minister shall please."

It was soon found in divers places that the "new mareit persons " did not keep the remainder of the Sabbath day on which they were united in a sedate and godly manner, that " on the day of their marriage afternwise they resorted not to hering of the doctrine, and at even after supper, they insolentlie, in evil example of uthers, perturbed the town withal rynning thairthrow in minstralye and harlotry." To obviate these unseemly profanations of the Lord's day in 1579, the General Assembly ruled that parties might be married any day of the week if a sufficient number of persons were present. The celebration of marriages in private houses was forbidden, and in 1584, the session of St. Andrews enacted that all seeking matrimony "baith riche and puir, be contarctit in the counsall hous" on Wednesday of every week, and " in no other place." In some parishes the elders were shrewd enough to make money out of Sunday marriages (of course not for themselves). At Abercromby there could be a Sunday marriage if fifty-eight shillings were paid for the use of the poor, and security given that the parties would keep good order. Up to 1627, the ministers of Ayr married applicants on any day of the week, except fast days, but then the minister announced that " because of the great prophanitie that followes," none should desire him to marry them upon any Sabbath day. Still the poor ministers of Ayr had trouble over weddings, and we find that the session in 1684 passed the following resolution: "The session taking to their consideratione the great abuse committed at marriages be multitudes conveining, do therefor enact that