In Scotland. B. have the same Roman Catholic origin as in. England. Indeed, Mr. Erskine, one of the most authoritative Scotch legal writers, gives it as his opinion, that the Scotch borrowed the practice from the decrees of the Council of Trent; but a recent able writer (see Fraser's Domestic Relations, vol. i. p. 113) considers this opinion erro neous. and shows that B. were first sanctioned in Scotland by councils which were held in that country long before the Council of Trent. After the reformation in Scotland, the practice of proclaiming B., as the phrase is in that country, was continued. They are describef. in the Scotch act 1661, c. 34, "as a part of the laudable order and constitu tion of the kirk;" and they have since been ilentioned in various acts of parliament applicable to Scotland, such as the 10 Anne, c. 7, and 4 and 5 Will, IV. c. 28. By the first of these acts, the privilege of publicly celebrating marriage was extended to the Scotch Episcopalian clergy, but with a proviso that the B. should be duly published three Lord's days, not only in the Episcopal churches which the parties frequent, but also in the parish church or churches. Should the parish minister, however, neglect or refuse to publish the B. of such parties, the act declares that it shall lie sufficient to do so in any
Episcopal congregation alone. The 4 Will. IV. e. 28, put other dissenting bodies in Scotland in the same position as the Episcopal church there. There is one other regula tion of the Scotch law on this subject which is deserving of notice for popular informa tion—namely, that when both of the parties have their domicile (q. v.) within Scotland, and enter into marriage in England or Ireland, they must have their B. proclaimed in the parish of their domicile in Scotland,, otherwise they are liable to the penalties of clandestine marriage,. By the marriage notice act, 1878, marriage certificates in Scotland are also issued by the district registrars, after seven days' publication, to persons resident for fifteen days in the district; the fee for registry is la. 6d.
The Scotch law differs from the English in regard to the effect of non-publication of banns. In England, in some cases, the consequence is to render the marriage absolutely void. In Scotland, however, without proclamation of B., is valid; but in such case the parties, celebrator, and witnesses are liable in the above penalties. See