Scottish Court of Session Decisions

Subject_1 CONDITION.
Subject_2 SECT. II.

Condition of Marrying with Consent.

Cullernie
v.
Laird of St Monance

Date: 12 December 1578
Case No. No 20.

A person having given a bond to a woman for a sum of money, she marrying with his consent, the Lords decerned him to pay the money, though she married without it.

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The Laird of Cullernie pursued the L. of St Monance in name of his sisters, upon his obligation for the soume of L. 500, in the whilk obligation S. was obliged and bound to give the said soume to Cullernie's sisters, with this provision, that they sould marry, with the advice of Mr Peter Sandilands, or failing of him, be the advice of the said Laird of S. It was answered, That the said sisters could not acclaim be this obligation, because they had married themselves by the advice of the said Mr Peter and the said Laird, expressly against the tenor of the said obligation. To this was answered, quod de jure, matrimonia debent esse libera, and that there was no bond or obligation that could hinder or restrain the liberty of marriage to them. To this was answered, That the clause of the obligation was not to stop the liberty of marriage, but rather to further the same; that was, the young gentlewomen should use the counsel and advice of their friends and parents in their marriage. The Lords, notwithstanding, decerned S. to fulfil the contents of the obligation; and that the same was nothing against the liberty of marriage.

Fol. Dic. v. 1. p. 189. Colvil, MS. p. 267.