How did Scots law view a couple’s mutual consent followed by consummation in Robert Burns’s time?

In the time of Robert Burns, Scots law held that a couple’s mutual consent followed by consummation constituted a legally binding marriage.1

This principle was distinct from the legal requirements in England during the 18th century, where stricter regulations—such as those imposed by Lord Hardwicke’s Act of 1753—governed marriage. Because Scottish law was more lenient and did not require a formal civil or religious ceremony to establish a valid union, it provided a different legal framework for couples than that found in many other jurisdictions at the time.213