Nor is this mere conjecture or hypothesis. A
singular custom regarding marriage, retained till a late period amongst
the Highlanders, and clearly indicating that their law of marriage
originally differed in some essential points from that established under
the feudal system, seems to afford a simple and natural explanation of
the difficulty by which genealogists have been so much puzzled.
"This custom was termed _hand-fasting_, and consisted in a species of
contract between two chiefs, by which it was agreed that the heir of one
should live with the daughter of the other as her husband for twelve
months and a day. If, in that time, the lady became a mother, or proved
to be with child the marriage became good in law, even although no
priest had performed the marriage ceremony in due form; but should there
not have occurred any appearance of issue, the contract was considered
at an end, and each party was at liberty to marry or hand-fast with any
other. It is manifest that the practice of so peculiar a species of
marriage must have been in terms of original law among the Highlanders,
otherwise it would be difficult to conceive how such a custom could have
originated, and it is in fact one which seems naturally to have arisen
from the form of their society, which rendered it a matter of such vital
importance to secure the lineal succession of their chiefs.
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