Feature: Leap year proposal

Many people are familiar with the notion that on 29 February in a leap year women can propose marriage to any man of their choosing. It is often said that this practice was started by Queen Margaret of Scotland who decreed in 1288 that the man involved had to accept, unless already betrothed or married, or else pay a large fine. The tradition is described in Brewer's 'Dictionary of Phrase and Fable'. 'Ordonit that during the reign of her maist blessed maieste, Margaret, ilka maiden, ladee of baith high and lowe estait, shall hae libertie to speak the man she likes. Gif he refuses to tak hir to bee his wyf, he shale be mulct in the sum of ane hundridty pundes, or less, as his estait may bee, except and alwais gif he can make it appeare that he is betrothit to anither woman, then he schal be free' (Brewer, 'The Dictionary of Phrase and Fable', Wordsworth Editions, 1993). A similar text appeared in the 'Encyclopedia Brittanica' entry for 'Leap Year' from 1911 until it was dropped from the 1969 edition. This time 'ane pundis' was given as the fine. As no such statute exists however, the mystery is where this tradition began.

In 2000 the National Archives of Scotland, Scottish Archive Network and Scottish Records Association investigated this account without being able to trace the source. There is no mention of such a decree in any collections of Scottish statutes, law book or standard work on Scottish history and there are other problems with this text.

There are also a number of anachronisms. 'Majesty' was not used of any Scottish ruler before the sixteenth century, a penalty of 100 pounds is wildly out of line with thirteenth century monetary values and even 1 pound seems excessive. 'Mulct' is not a Scottish term, but in any case Scots was not used for legal purposes before the late fourteenth century. The language in fact seems to echo the Scots of the 'Acts of the Parliaments of Scotland', volume 1, which derives from Sir John Skene's translations in 'Regiam Majestatem: the auld laws and constitutions of Scotland' (1609).

The date is problematic too because, although 1288 was a leap year, it suggests that 'Queen Margaret of Scotland' refers to Margaret, the Maid of Norway (1283-1290), yet she was never inaugurated and did not 'reign' in any real sense. Margaret of Norway died in 1290 during the voyage from Norway to Scotland without ever setting foot on the mainland and it seems unlikely that she would have had any views about marriage proposals in 1288 - at which date she was 5 years old.

So which other Margaret could this be? The Maid of Norway's mother, Margaret of Scotland (1261-1283) was the wife of King Eric II of Norway but never Queen of Scotland. The Maid of Norway's grandmother was Margaret of England (1240-1275) and became Queen Consort to King Alexander III of Scotland. There is some documentary evidence that Margaret Tudor (1489-1541) was termed 'Queen Margaret' in reference to her transacting business as the regent on behalf of her son King James V of Scotland. Or perhaps it was Saint Margaret of Scotland (1045-1093), Queen Consort to Malcolm III of Scotland?

Detail of Lerwick Town Hall stained glass window featuring Margaret of Norway (1283-1290), copyright Colin Smith and licensed for reuse under Creative Commons Licence.

Despite the numerous Margarets in Scotland's history the lack of documentary evidence for any statutory right for women to make marriage proposals on 29 February suggests this originated as a hoax. The concept of leap years was not anachronistic however. Julius Caesar introduced this practice in 45 BC and the Julian calendar was used throughout Europe until 1582. In 1582 Pope Gregory III modified the Julian calendar and decreed that the year should begin on 1 January instead of 25 March. The Gregorian calendar retained the practice of leap years, however, and this is still in use today.