Old Church Life in Scotland: Lectures On Kirk-Session And Presbytery Records 2
Old Church Life in Scotland: Lectures On Kirk-Session And Presbytery Records 2
Andrew Edgar
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The Church of Scotland did not adopt these views. In 1570, the General Assembly declared that parties desiring to resile from a contract of marriage should, if nothing had followed on the contract, be set free. Documents called ** discharge of marriage *' were often given in to church courts, and were sustained, if only wrong without previous contract of marriage, or contract without subsequent wrong, had taken place. A man, in 1570, went to the General Assembly, and *'suted liberty to marrie."... For three or four years he had craved that privilege from " his awin particular kirk," but had been refused the privilege, unless he would take for his wife an old servant whom he had wronged. He produced a discharge from the servant, but the Kirk-Session disre- garded the document. The General Assembly, however, sustained his appeal, ordered him to have the liberty he craved, and added in their finding, '*yea, and there is injury done to him already." In 1688, a man, who had a promise of mar- riage from a certain damsel, whose Christian name was Margaret, appeared before the Presbytery of Irvine, "and did discharge the said Margaret of any such promise, Marriages in Olden Times.
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