, 1890-09-04

t.lcsc facts II is also In ntcresting To
know that another place IN Scot
land once enjoyed but little less
notoriety for 'irreguIar" marriages
than Gretna Green itself. This was
the town of Coldstream In Berwick
shire, ON the eastern border. IL lies
on the north bank of the Tweed
which Mt that point forms the
boundary between England and
Scotland; and runaway debtors and
lovers from the northeastern English
shires usually choose this route to
safety or bliss as the more expcdi-
tious Of the two. A bridge and ford
assisted here in confusing pursuers;
while the ford Is really famous In
border history. BY 1t Edward 1.
entered Scotland In 1896; and hosts
Of Scottish and English armies
made their way by the Coldstream
respective enemies.
GRETNA GREENS ORIGIN.
The direct causes leading to
Gretna Green becoming u far-famed
court of Hymen are traceable TO the
rigors Of English martial law and
Its interpretation. The ancient law
of England held that any marriage
was legal by civil contract in the
presence of two witnesses, without
the Intervention of priest. De-
cisions based on this law entangled
matters In an extraordinary manner.
Marriage by civil contract was
valid; but for some purposes-such
as the descent of real property to
the heirs of such marrlage--the
Same was invalid. The common
notion also evailed-and this
principle has always met
with unceasing though futile
opposition In England-that
marriage by priest, or other
cleric In holy orders, rendered the
marriage tic absolutely indissoluble
n principle whose universal adop-
tion would serve no end save to
place q most dangerous power Mt the
disposal of the always-human crea-
lures of the church OF the hour; pre-
Guiding superior and ever-safe ju-
dicial discrimination under the
safeguards of wise law and intelli-
gent courts. Resultant upon this
inexorability of law was the natural
revolution of feeling under which, u
century and quarter since, were
nurtured the Fleet and other scan
dulous London marriages, and
to end which was passed the En-
glish marriage act Of Lord Chan
cellor Hardwicke, In l754. This
act abolished clandestine and So
called "irregular" marriages, and
made 1t compulsory on all English
subjects. save Quakers and Jews, to
be married according to the Church
of England;" a restriction as infa-
nous in its nature as were the
abuses to which, as In all similar
cases, it legitimately led. The op-
portunity for evasion of this enorm-
ity was soon discovered In the rule
Of the English courts that any mar
riage validly performed In the coun-
try in which 1t had been contracted
must be held valid in England.
WHAT MAKES MARRIAGE VALID?
The law Of marriage in Scotland
has always been practically the
same as was ancient English law.
as well as England, at the
time of the reformation refused to
accept the provision of the Council
of Trent rendering the solemniza-
tion Of marriage by a priest neces-
sary. The Scottish law always pre-
scribed, and now prescribes certain
for observatian in the
regular celebration OF marriage,
which included the publication of
banns and the officiating by u
Though any marriage
without these ceremonials
is irregular 1t may still be alb
solutely valid. Scottish people,
large proportion of the
clergy themselves, ever sturdily
the enactment of laws
by Scottish parliament, and,
subsequent to the union, by
the British parliament. for
which might cloud 30
called "irregular" marriage or heir
ship of property growing out of such
marriage with any legal quibbles of
harassIuents. Public sentiment has
always been the sole bar TO this
form of marriage; they have ever
been rare and infreguent among the
Scotch themselves; and innocent
progeny have never been permitted
to suffer from conditions resultant
from that which, while propriety
might question its exercise, Justice
and law regarded as an inalienable
human right. From time inime-
mortal all that has been requisite
for u valid marriage in Scotland
has been an interchange Of real and
time given an undenlable intention
and determination to enter the
relation of husband and wife, with
either incontestible written evidence
of that fact, or evidences Of witnesses
before whom the same Is declared.
This was Scottish law 200 years ago,
100 years ago, and IL Is Scottish law
to-day. 1t has never been modified
In effect In the slightest degree. The
strictest conditions of registration
have been imposed us in all other
civilized countries: and about the
middle of the present century-not
because u necessary restriction upon
regular or irregular marriages
among Scottish people, but wholly
in Difference to the English clamor
for u check upon the "Gretnan
and "Coldstrean" marriages Of
English people--an additional
requisite was provided to the effect
that ut least one of the contracting
parties must have been an actual
resident of any parish of Scotland
for twenty-one days preceding mar
rlnge.
In other words. anv MARRIAGE in