"Before I give my opinion I am bound to preface it by a personal statement which you are not to take, if you please, as a statement of the law. You ask me to decide--on the facts with which you have supplied me--whether your friend is, according to the law of Scotland, married or not?"
Geoffrey nodded. "That's it!" he said, eagerly.
"My experience, Mr. Delamayn, is that any single man, in Scotland, may marry any single woman, at any time, and under any circumstances. In short, after thirty years' practice as a lawyer, I don't know what is _not_ a marriage in Scotland."
"In plain English," said Geoffrey, "you mean she's his wife?"
In spite of his cunning; in spite of his self-command, his eyes brightened as he said those words. And the tone in which he spoke--though too carefully guarded to be a tone of triumph--was, to a fine ear, unmistakably a tone of relief.
Neither the look nor the tone was lost on Sir Patrick.
His first suspicion, when he sat down to the conference, had been the obvious suspicion that, in speaking of "his friend," Geoffrey was speaking of himself. But, like all lawyers, he habitually distrusted first impressions, his own included. His object, thus far, had been to solve the problem of Geoffrey's true position and Geoffrey's real motive. He had set the snare accordingly, and had caught his bird.
It was now plain to his mind--first, that this man who was consulting him, was, in all probability, really speaking of the case of another person: secondly, that he had an interest (of what nature it was impossible yet to say) in satisfying his own mind that "his friend" was, by the law of Scotland, indisputably a married man. Having penetrated to that extent the secret which Geoffrey was concealing from him, he abandoned the hope of ****** any further advance at that present sitting. The next question to clear up in the investigation, was the question of who the anonymous "lady" might be. And the next discovery to make was, whether "the lady" could, or could not, be identified with Anne Silvester. Pending the inevitable delay in reaching that result, the straight course was (in Sir Patrick's present state of uncertainty) the only course to follow in laying down the law. He at once took the question of the marriage in hand--with no concealment whatever, as to the legal bearings of it, from the client who was consulting him.
"Don't rush to conclusions, Mr. Delamayn," he said. "I have only told you what my general experience is thus far. My professional opinion on the special case of your friend has not been given yet."
Geoffrey's face clouded again. Sir Patrick carefully noted the new change in it.
"The law of Scotland," he went on, "so far as it relates to Irregular Marriages, is an outrage on common decency and common-sense. If you think my language in thus describing it too strong--I can refer you to the language of a judicial authority.
Lord Deas delivered a recent judgment of marriage in Scotland, from the bench, in these words: 'Consent makes marriage. No form or ceremony, civil or religious; no notice before, or publication after; no cohabitation, no writing, no witnesses even, are essential to the constitution of this, the most important contract which two persons can enter into.'--There is a Scotch judge's own statement of the law that he administers! Observe, at the same time, if you please, that we make full legal provision in Scotland for contracts affecting the sale of houses and lands, horses and dogs. The only contract which we leave without safeguards or precautions of any sort is the contract that unites a man and a woman for life. As for the authority of parents, and the innocence of children, our law recognizes no claim on it either in the one case or in the other. A girl of twelve and a boy of fourteen have nothing to do but to cross the Border, and to be married--without the interposition of the slightest delay or restraint, and without the slightest attempt to inform their parents on the part of the Scotch law. As to the marriages of men and women, even the mere interchange of consent which, as you have just heard, makes them man and wife, is not required to be directly proved: it may be proved by inference. And, more even than that, whatever the law for its consistency may presume, men and women are, in point of fact, held to be married in Scotland where consent has never been interchanged, and where the parties do not even know that they are legally held to be married persons. Are you sufficiently confused about the law of Irregular Marriages in Scotland by this time, Mr. Delamayn? And have I said enough to justify the strong language I used when I undertook to describe it to you?"
"Who's that 'authority' you talked of just now?" inquired Geoffrey. "Couldn't I ask _him?_"
"You might find him flatly contradicted, if you did ask him by another authority equally learned and equally eminent," answered Sir Patrick. "I am not joking--I am only stating facts. Have you heard of the Queen's Commission?"
"No."
"Then listen to this. In March, 'sixty-five, the Queen appointed a Commission to inquire into the Marriage-Laws of the United Kingdom. The Report of that Commission is published in London; and is accessible to any body who chooses to pay the price of two or three shillings for it. One of the results of the inquiry was, the discovery that high authorities were of entirely contrary opinions on one of the vital questions of Scottish marriage-law.
And the Commissioners, in announcing that fact, add that the question of which opinion is right is still disputed, and has never been made the subject of legal decision. Authorities are every where at variance throughout the Report. A haze of doubt and uncertainty hangs in Scotland over the most important contract of civilized life. If no other reason existed for reforming the Scotch marriage-law, there would be reason enough afforded by that one fact. An uncertain marriage-law is a national calamity."
