Marriage laws in Scotland changed throughout its history. Before the 19th century, the legal age to marry was 14 for boys and 12 for girls, without the caveat for parental consent before the couple is 21, as is the case for England (Leslie). The lack of this statute encouraged young couples to cross into Scotland to elope, rather than waiting a few years or getting permission to marry according to English law (Britannica). 

With ages settled, Scotland also recognized two different varieties of marriage. The first type was considered to be a “regular” marriage; these were unions that took place in houses of worship. The second, and more convoluted, marriage type was considered “irregular.” There were three different ways a marriage could legally be conducted outside of a religious ceremony: per verba de praesenti, declaration of consent to be wed made in front of witnesses; per verba de futuro subsequente copula, a promise for future marriage, without current consent, followed by sexual relations; and marriage by cohabitation, which was more of a societal assumption than a marriage license, though it did make it easier to obtain legal permission to marry after a few years (“Irregular Marriage”).

A majority of law changes took place in the early 1900s: a 1929 law raised the legal age of marriage to 16 for both men and women, still without parental permission (which continues to this day); 1939 saw the repeal of two forms of irregular marriage (per verba de praesenti and per verba de futuro subsequente copula); and an amendment in 1977 abolished the 21-day residency for marriage, bringing back a lot of eloping couples to Scottish border villages from England (Leslie).

I was interested in researching Scottish marriage laws based on a conversation between Gemma and Mr. Sinclair in the middle of chapter 21: 

“‘How old are you?’ he said. ‘Eighteen.’ ‘Eighteen.’ He shook his head. ‘People will call me a cradle snatcher.’ ‘Is that worse than being a gold digger?’ ‘Yes, because I should be old enough to know better. I would not want anyone, especially you, to say that I had taken advantage of you’” (Livesey 241).

Prior to looking up what the term cradle snatcher meant, I searched for the age of consent for marriage; this turned out to be 16 years old for both genders, so thinking that “cradle” referred to a child was a dead end. According to the OED, a cradle snatcher is “one who weds, or is enamoured of, a much younger person” (“cradle”). This information, combined with the knowledge that the age of consent is very high, reveals that the relationship between Gemma and Hugh doesn’t have any legal barriers. If anything, the obstacles are purely from a societal point of view. This impact is also noted by Gemma herself through her anxieties about the relationship, exemplified on page 232 by the list of comparisons she writes down regarding herself and Hugh of why their relationship would never work.  

It also lends credence to why she would have taken his lies so detrimentally: as if fate is giving her reasons why she should be ashamed of having relations with a much older man. These lies, which don’t involve a secret wife hidden in Mr. Sinclair’s attic, push Gemma away. From my perspective, I don’t quite understand why she should run away from him rather than discuss her feelings regarding the truth. But, if I place myself in her shoes knowing that such a large age difference isn’t viewed kindly, I would probably use it as an excuse to distance myself. Gemma is very shaken when she learns of the switched identities and is very frazzled; I read her in these moments as having a similar thought pattern that I mentioned for myself if I were in her situation. Her running away also shows her morality, whereas Jane’s decision to run away stemmed more from societal and legal standards rather than simply personal preference and morality.

Having the background of legal marriages and laws surrounding marriages, I view Hugh and Gemma’s relationship with a lot more scorn from a societal perspective. I also have a lot more empathy for Gemma knowing how hard she can be on herself for how she feels. Still, at least she doesn’t have to worry about legal issues like him already being married.

Works Cited

Britannica, The Editors of Encyclopaedia. "Gretna Green". Encyclopedia Britannica, 26 May. 2021, https://www.britannica.com/place/Gretna-Green. Accessed 20 February 2022.

"cradle, n." OED Online, Oxford University Press, December 2021, www.oed.com/view/Entry/43687. Accessed 20 February 2022.

“Irregular Marriage and the Kirk Session in Scotland.” ScotlandsPeople, 18 Oct. 2021, www.scotlandspeople.gov.uk/article/irregular-marriage-and-kirk-session-s...

Leslie, Calum. “How Has Scotland's Law on Marriage Evolved over the Centuries?” BBC News, BBC, 4 Feb. 2014, www.bbc.com/news/uk-scotland-scotland-politics-26019306. 

Livesey, Margot. The Flight of Gemma Hardy. New York, Harper Perennial,  2012.