Man and Wife · Chapter
XX: Touching It explained
Geoffrey Delamayn consults Sir Patrick Lundie about the legal status of an irregular marriage in Scotland, presenting the case as that of a friend (Arnold) and a lady (Anne).
What happens
Geoffrey Delamayn consults Sir Patrick Lundie about the legal status of an irregular marriage in Scotland, presenting the case as that of a friend (Arnold) and a lady (Anne). Sir Patrick explains the chaotic state of Scottish marriage law, noting that consent alone can constitute marriage and that the evidence from the inn could support an inference of marriage, though he personally opines there is only evidence in favor of possibly establishing a marriage, not a positive one. Geoffrey, relieved by the ambiguity, decides to abandon Anne and attend his brother's house to meet Mrs. Glenarm, sending a note to that effect and telling Arnold that everything is 'all right.'
Themes in this chapter
Law and Injustice
Sir Patrick's critique of Scottish marriage law as an 'outrage on common decency and common sense' underscores the theme of legal uncertainty and its potential for injustice.
Betrayal and Deception
Geoffrey deceives Sir Patrick by misrepresenting the case and then betrays Anne by choosing to pursue Mrs. Glenarm instead of honoring his promise.
Marriage and Its Legal Bonds
The entire consultation revolves around the legal definition and proof of marriage in Scotland, highlighting the precarious nature of marital bonds under uncertain law.
Characters to notice
- Geoffrey Delamayn
Consults Sir Patrick under false pretenses, claiming the case involves a friend; shows relief at the legal ambiguity and decides to desert Anne.
- Sir Patrick Lundie
Provides a detailed and critical exposition of Scottish irregular marriage law; suspects Geoffrey's motives and identifies the case as likely involving a real person.
- Arnold Brinkworth
Appears briefly at the end, asking Geoffrey for news of the consultation; is told 'All right.'
- Anne Silvester
Referenced indirectly as 'the lady' in Geoffrey's fabricated story; her fate hangs on Geoffrey's decision.
- Julius Delamayn
Mentioned as the brother who sent a letter inviting Geoffrey to help receive Mrs. Glenarm.
- Mrs. Glenarm
Mentioned as the guest Geoffrey chooses to meet instead of keeping his promise to Anne.
Key passages
“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.”
Sir Patrick says that under Scottish law, almost any arrangement between a man and a woman can be considered a marriage, making it nearly impossible to define what isn't one.
Highlights the absurdity and breadth of Scottish marriage law as seen by a seasoned lawyer.
“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.”
Lord Deas's judgment states that mutual agreement alone creates a valid marriage in Scotland, without any formalities.
Quoted by Sir Patrick to illustrate the extreme simplicity of Scottish marriage law.
“I say that there has not been a positive marriage in this case. There has been evidence in favor of possibly establishing a marriage—nothing more.”
Sir Patrick concludes that the facts do not prove a definite marriage, only that there is evidence which could be used to argue for one later.
Sir Patrick's nuanced opinion leaves the legal status ambiguous, which Geoffrey exploits.
