in 1700 Scotland, what would happen if your husband was presumed dead and you remarried but the first husband returned?

[towersla]

in 1700 Scotland, what would happen if your husband was presumed dead and you remarried but the first husband returned?

[dotty.]

Scottosh sessions were held at that time and the death would have had to be given a legal status at the sessions, not jus to enable the widow to remarry but for any property to be distributed under the will and testament laws and any legitimate children to secure their inheritance. Of course there is a record of banns and marriage and marriage obligations, but I think a delaration from the sessions would be what was required and if the person declared dead did indeed turn up then it would be a matter for the ecclesiasticl courts and or the sessions to rule on, again, if there were children born from the second marriage, their status would be affected and inheritance/legitimacy and morals were the 2 most important things to the Scottish Churches,,whether protestant or catholic.