Is there an index to the early marriages in Gretna Green where it is said Scottish couples went to be married to avoid the bans in their local church? My 1846 Topographical Dictionary of Scotland shows Gretna, also spelled Graitney, in the county of Dumfries. About the marriages there, it reads: "... it has long been a place for fugitive marriages... on a green between Gretna and Springfield... It is said that between 300 and 400 marriages used at one time to be annually celebrated in the neighborhood by rival "priests", for the most part functionaries of the lowest class, who accosted parties as they passed, and officiated for a very small charge. An attempt was made in the General Assembly in 1826 to suppress this description of marriage, but without success." Mary Inglis

Are you the Mary Inglis who was asking questions about marriage on the Fife list about 3 years ago? Well historically the situation hasn't changed, but here is a short answer for the benefit of those who haven't got the originals. It is however not that difficult to go to the Rootsweb archives and see what information there is there. There was quite a long discussion on Marriage in 2000. While today Gretna is the centre of an extremely busy marriage industry, the origins of the place are that there is a difference in the marriage law between Scotland and England. Historically (up until 1940), one could be married by declaration. In other words, if you said that you were married you were. In Scotland the woman is not a chattel - hence the woman is not given in marriage, and it was possible for someone to be married in Scotland without parental consent. While it is only Gretna which has the reputation for runaway weddings, anywhere there was a community along the Border was a place where these irregular marriages took place, thus they also took place at Coldstream, and there was somewhere else. The reason why the marriage trade usually took place in blacksmiths smithies was that these were the equivalent of motorway service stations of their day. So think of the situation. The rogue from England running off with the besotted heiress. As the father won't give permission they can't get married in England (the English marriage law was changed in the 18th Century to keep heiresses safe). They come up to the border, and grab the first person they meet, and tell them that they are married, or if there is time, they go through a form of marriage done by a local who is cashing in on the situation. I ask you therefore are there likely to be records? Today of course people get married in Gretna because it is "Romantic" I would refer you to the very full reply on marriage which I made to this list on 23rd September 2000, a section of which I reproduce below. I think, I should risk going off topic on a short review of Marriage in Scotland. There are three alternative views of marriage. 1. One can take the view of Roman law, and decide that mutual consent constituted marriage. 2. One could take a tribal notion and consider that marriage consisted of handing over the bride by her father 3. One could take the view that the matter of marriage was that sexual intercourse was the decisive factor. While these would seem to be clear alternatives, in practice there is a mixture of more than one of these ideas. For example one of the requirements for a valid marriage in the view of the Roman Church is that the marriage has been consummated. Because Scottish law is founded upon Roman Law there is no question of any giving by the parent in the service. A Scottish wedding does not have the words, "Who gives this woman to be married to this man". A Bride may come up the aisle on her Father's arm, but he merely leaves her beside the Groom. Scottish law has never demanded parental permission for a marriage Incidentally a religious wedding in Scotland may be celebrated anywhere. The core of the wedding is "As a seal of the vows you are about to make take each other by the right hand" The vows - which have do not include a promise to obey are then exchanged. The earliest Scottish reformed form (Knox 1556) goes "that you have takyn and are now content to haue". In Scotland therefore consent is the key. The Kirk seemed to believe in consent and publicity , though it was estimated by 19th Century commentators that at least a third of 18th Century Scottish marriages were irregular. Prior to 1 July 1940 a promise to marry followed by sexual intercourse was a valid marriage in Scots Law. (Subsequente copula), as was a declaration before witnesses. (per verba de praesenti). Perhaps the best comment on the situation of marriages in Scotland was made by Lord Hailes in 1772. "All the European nations, Scotland excepted, have departed from the more ancient common law, and have required the interposition either of Church or of State to validate a marriage. Thus what was the law of all Europe, while Europe was barbarous, is now the law of Scotland only, when Europe has become civilized". Those who are interested in the topic of marriage can address themselves to the report of the Royal Commission on the topic which was set up in 1865. Edward Andrews Mary Inglis Sims wrote: > Is there an index to the early marriages in Gretna Green where it is > said Scottish couples went to be married to avoid the bans in their > local church? > > Mary Inglis > >