The Statesman.
London, England, 1823-05-08 00:00:00

SCOTCH MAR MAO E.

HOUSE OF LORDS,—Mar '7.
Item AGAINST RED ; lITHSRWISI REID AGAINST JUNO.
Raffia ease George Reid, Eq. of Ratho Hank, near Edin-
burgh, was the appellant, end Mrs. Jean Reid. otherwise
Laing, was the respondent ; and the question was, whether
the parties did or did not stand towards each other in the re-
lation of husband and wife ?
The Judges in Scotland had unanimously decided this
question in the affirmative.
In pet:gland, Marriage is equally valid, whether the en-
gagement be entered into in a regular or irregular form.—
If the marriage be irregular, the celebrator and witnesses
are liable to certi•in penalties ; but the marriage is not less
valid, if it can be proved that the parties have mutually
given the consensus ee pressenti in wirstrinsonisse. The
circumstances of the present ease, as stated on the part of
the respondent, Were as follows :—Her father, Alexander
Laing. was employed in country labour by the appellant,
Mr. Reid. The respowlent was reared in her father's house.
and was distinguished by the notice of the appellant even
a hen she was at school. She was born the 10th Nov. 1759,
and about 19412 was engaged as a servant in the house of the
appellant ; and soon afterwards he began to talk to her of
marriage.
Mr. 'arid (it is alleged was much under the Influence
of his mother. sisters, and other religions, and also (per-
haps) extremely alive to public opinion. He was tippet-
heusive of
" The world's dread laugh,
Which scarce the firm philosopher can hear."
Be was, therefore. extremely 'nettles to conceal his attach-
meat to the respondent; but he constantly flattered himself,
and her. that he would one day come boldly forward and
avow his engagements. It is not wonderful, that is 'he re-
lative sitnetion of the parties, be should have gained such an
ateendanry ov .r her mind, as in all respects to influence her
coael:et. Ile was more than 10 years older than herself; ihe
vl, in possession of a clear landed estate worth 60 or
C0.040€.; he had the address. the eylucation. an I manners of
a ge.itleman, added to a pre rasing appearance. Hence
he easily took possession oft end of the respondent when
it
emerging out of childhood:a 'from that time she was led
to regard herself as the destine wife of a gentleman of re-
eppetabiiity. No human beinkever entertained a suspicion
that she tided in a manner unworthy of this destination.—
Ninwitlistandinon nil his tuitions. Mr. Reid was unable to-
tal'y to conceal his attentions to her. These attentions were
noticed by his near relations; and the consequence was,
that the respondent quitted Mr..R.iii's house, and engaged
ht !NW as servant in the family of Me. M'Knight, in the im-
mediate neighbourhood. She remained there six months.—
During that time Mr. Reid kept up his communication with
ber by many private meetings, anti by letters. On keying
Mr. M'Enight's house the respondent went to her father's
house.aind remained sue months: during the whole of this
period the parties had frequent meetings. They also se-
cretly carried on a written correspondence, but he was stint
ennble to come to a determination to :inter into a public
marriage. Ile represented to her thatitairtstin circumstances
rendered this inconvenient : she resolred4herefore to engage
herself as a servant in Edinburgh. a obtained a situa-
tion with Mrs. Watson in Slope-sir burgh. It is to
be observed, that Mr. Reid's estate o -bank is at the
distance of between six and seven mile m Edinburgh.
When the period approached at which e respondent was
to remove to Erlinburisit. the appellant expressed great anx-
iety to secure the respondent to himself by moquel write-
declaration of marrisqe. In one of his letters
her with a copy of the declaration, which he eDt
write.
The parties afterwards met, and exchanged mi
rail. 'no( marriage holograph, that is, in the)
et rit ing respectively. That which the appellant
the respondent is thus expressed :—." I hereby
a lc ir, ri faithful,* kind, and en affectionate hut
on conditions you are the same to me; and I fm
to show this :o no person, and to make it known
lehaterer, without your consent. (Signed) Clem
A holograph writing to the sem affect was give
Feiiail" by I%z:respondent. When the document
Mel delivered to the respondent, there was no ,
to it. 7.. a respondent airy@ she desirad Mr. Rei
but hr said it was unnecessary. and that she in
herself. whi: h was immediately done. Mr. Rt.
they were married persons, requested that the
&taut(' be consummated : and accordingly it it s'
he had, on the 4th November, conjugal interconr
respondent in a new house upon his property. awl
then been inhabited. although it was partly furni
The respondent, it Martinmas (11th Nov.) I
Into the sera ice of Mrs. Watson, where she rem:
year and a half; during all that time Mr. iteii
utmost attention to her, calling every week he
and writing to her often two or three times in I
as many days.
The respondent, on Whitanday ISI (as tl
sons were stated by the appellant :exist
went into the serviced Mr. t.arfrae rk-
burgh. Mr. Carfrae's family re tat
Watering-place, nine miles fro a 9.1
11 iiti nine repeated] Queensfe he 1
dteeing the rtspon , they g wro
,e.
,}
other once a we e respond ained
',nation vine months; she left Mr. rfrae's r
of the death of her father. While with r
with, whom she remained till Whitsundayw
Co. ,147,
tea
11411, the parties ha ea•iii other daily. On' !ring for
mother's house, the respondent went tot service of
Mrs. Kerr, of Wll oodhu, near Lhtlkeitc here she rem
in:in d six months. During this period aurae Partici
in t several times,- and they carried on a correspondence
by levers as before.
The respondent. at Martinmas (11th November) 1811;
went into the service of :VW. Congalton, in Castlestreeti
Eiinhorgh, with whomil remained for two years.
Mr. 11.iil came to the Is freqnently, and they saw
each other almost every iv
At his request, slie•ent at Martinmas 1813 into
the service of the family . Robert Billies, Esq. Advo-
este, Edinburgh, where rili present is. Tire same in-
tercour•e, however. mid i , after the respondent en-
tered into the service of hip. Billies.
The multitude of private meetings between the pat-
ties (it may well be supported) did nut pass without
those endearments which were sanctioned by.their so-
lemn i ngagements, and they occasionally passed whole
nights toga•ther. The appellant frequently found his
way, at late hours, to the apartments in which the respon-
dem slept, and at rinies..they met in woods in the coun-
try. At length the respondent was led to urge that an
end should be put to, the paystery under which the par-
ties had acted. Several unsatisftelory meetings took
place, at which he still wished to delay a public avowal
of marriage; the consequence was, that a deelarator
of marriage arms raised in the Consittorial Court, Edin-
burgh.
Against this action two defences were stated :-Ist.
that there is no proof of a consensus de presenti in tna-
iritnoniutn, and that the correspondence and mutual de-
'clarations amount only to a mere promise of marriage
de jiituro; and, tiny, it was asserted, that although a
promise of marriage, had no doubt been made, yet that
is itiguthcient, as it was said that there was no proof of
copultror conenbitus between the parties. 1
The respundrio produced all Mr. Reid's letters tint
-bail been preserved by her, amounting in number to
shoot two hundred.
'ln o witnessis were examined, and thereupon this in-
Pt-locator, or sentence, was unanimously pronounced
by the Cominission.is—" The Commissioners find the
arts, &c. proved relevant to infer a marriage betwixt the
pursuer and defender, and jiad them husband and retie."
A Bill of Adyoration (a sort of appeal) was hereup-
on presented by Mr. H. to the Court of Session • and it
was at length brought to a hearing before the Col urt of
the Second Division, the whole Eve inner-house Juilgrae-
` ''` being previa. Four slated, that the ease wits attended
With no sort of difficulty ; that some argument might be
made, whether the-expressions amount in strictness to
a enraient de presenli. or only to a promise of marriage;
and that if fhe qnestion rested th;re, it might, perhaps,
be proper to allow farther discussion ; but that this GAS

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