Private  consent  is  not  the  consensus  the  law  looks  to. It  must  be  before  a  priest,  or
something  equivalent ;  they  must  take  the  oath  of  God  to  take  each  other ;  a  present
consent  not  followed  with  any  thing  may  be  mutually  given  up,  but  if  so,  it  cannot  be
a  marriage."  Further,  the  deponent  is  of  opinion  that  between  a  man  and  woman
domiciled  in  [107]  Scotland  such  promises,  acknowledgments  or  declarations  as  are
contained  in  the  paper-writings  and  letters  in  this  question,  would  not  amount  to  or
constitute  a  marriage,  though  the  paper-writing  marked  No. 10  had  been  signed  in
the  presence  of  a  witness  competent  by  the  law  of  Scotland  to  attest  and  prove  the
same,  but  that  such  writing  would  only  be  evidence  of  more  or  less  weight  according  to
circumstances  that  a  marriage  had  been  contracted. And,  further,  the  deponent  is  of
opinion  that  if  the  promises,  acknowledgments,  and  declarations  contained  in  the  paper-
writings  and  letters  already  referred  to  do  not  amount  to  or  constitute  a  marriage,  or
do  not,  as  evidence,  along  with  the  other  evidence  to  be  had  in  the  case,  prove  that  a
marriage  had  been  contracted  between  the  parties,  they  cannot  amount  to  more  on  the
part  of  the  man  than  an  obligation  to  solemnize  a  marriage  in  the  face  of  the  Church  at
some  future  time,  provided  he  should  be  duly  called  upon  by  the  woman  so  to  do,  and
there  should  be  no  legal  impediment  to  the  marriage. Deposes  that  the  most  obvious
view  of  these  writings  is  that  they  contain  admissions  express  or  implied  in  point  of  fact
that  the  parties  were  actually  married,  and  such  admissions  in  the  handwriting  of
Mr. Dairy mple  are  evidence  against  him  stronger  or  weaker  according  to  the  circum-
stances of  the  case  that  the  fact  so  admitted  was  consistent  with  the  truth  :  but  that
the  paper-writings,  No. 2  and  No. 10,  may  be  considered  as  having  been  intended  to
make  and  constitute  a  marriage  de  prsesenti ;  and  if  these  writings  are  sufficient
evidence  that  such  was  the  concurring  intention  of  the  parties  when  they  were
delivered,  a  question  in  law  arises  in  which  the  deponent  has  reason  to  believe  that
different  and  opposite  opinions  are  entertained  by  Scottish  lawyers. 