In the eighteenth and early nineteenth century, when entry into the profess
ions was still fluid, and 'rank' rather than 'class' characterised social r
elationships, status depended on finely graded nuances. A unique source-tha
t reveals the minutiae of perceived differences in rank and status-and more
over on a gendered basis-is the record of Declarator of Marriage cases hear
d before Edinburgh Commissary Court. Scottish law continued to recognise (a
s 'irregular' but legal) marriages constituted by a promise of marriage fol
lowed by intercourse between the parties. If the man denied the promise the
woman could sue him in court and, if unable to prove a marriage, still had
the possibility of being awarded damages for seduction. In such cases it w
as in the interests of the man's lawyer to prove that the woman could not h
ave expected marriage when she had sex with him since she was of a lower ra
nk, while the woman's lawyer naturally disputed this. From these cases spec
ific strands emerge: upward and downward mobility of fathers, occupations o
f the women themselves, and a surprisingly great stress on the woman's educ
ation.