Tracts, legal and historical

167
previous ceremony. In this sense, " Cair weeds" is
used with us to signify mourning weeds. 1 When
Christianity was introduced into Ireland, converts
were obliged to envelope themselves in the above
habiliments, which they so much detested, that
many, especially old men, died in the act of wearing
them.
The instance of Crawfurd goes far to fix that a
subsequent marriage between " solut personis," by
the common law in 1564, legitimated the issue pre-
viously begot. But, as may partly have transpired,
a specialty had been started, that was reserved by
the Commissaries for future argument — even in the
event of the peremptory defence, as it is styled,
being duly instructed. The pursuer contended, that
however capable of being admitted into holy orders,
— and so far lawful, the defender was incapable,
notwithstanding his parents' subsequent marriage, of
succeeding to his lands and heritages, owing to the
following reasons : — That the marriage was clandes-
tine, not being celebrated in facie ecclesie, but only
in the house of his father ; a and, in respect to this
1 See Jameson.
2 A private or clandestine marriage, of this nature, before the
Reformation, between parties within the forbidden degrees, al-
though ignorant of their relationship, certainly was null, and the
children were illegitimate, without a possibility of the interven-
tion of the principle of bonajides, which, in other circumstances
would have availed. The character of the proceeding, however
susceptible of a different construction, was held, from its secrecy
and informality, to induce a presumption of mala fides, and to