The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-09-02

form OF marriage; they have ever been rare
and infrequent among the Scotch them
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 immemorial all that has been
requisite for q valid marriage in Scotland
consent, constituting at the time given an
undeniabls intention and determination to
enter the relation of husband and wife, with
either jncontestable written evidence of that
fact, or evidences of witnesses before whom
the same is declared. This was Scottish law
tish law to-day. It has never been modified
In effect in the slightest degree. The strict
est conditions of registration have been inn
posed, as in all other civilized countries;
and about the middle of the present CEN
tury-not because necessary restriction
Scottish people, but wholly in difference to
English clamor for check upon the
"Gretna" and "Coldstream" marriages of
English people-an additional requisite was
provided to the effect that at least one Of
the contracting parties must have been an
actual resident Of any parish of Scotland
for twenty-one days preceding marriage.
In other words any marriage in Scotland
always has been, and now is, valid mar
riage by civil contract; and the requisites
for marriages here to-day are precisely the
same as they always have been, with the
exception of the safeguard of subsequent
registration, and the triaing condition of
brief residence of one of the contracting
parties. That the Scotch marriage laws
are liberal, wise and humane, and that the
best social results in Scotland are directly
attributed to the same, admit of no denial
| in the face of the incontestable fact that in
no other known country is the marital re!a-
| kior, hold cocro1s and uuhoo OF
also show, as they do, that social
scandals arising out of unhappy mar
riages, and appeals to courts for
severance of the marriage bond, are
practically unknown. The proposition
Be sast
church autocracy in England, and not any
| inherent unwisdom of Scottish law, was
solely responsible for the unenviable no
toriety of the famous and infamous Gretna
Green.
There seems to be no way of ascertaining
at Gretna, or of discovering the degrees
through which its humble priest of hymen
/ reached his zenith of fame. But by dint of
perseverance, and good fortune I at last
set eyes on the record of the first marriage
Of which any record is preserved at Gretna.
The date is III. or but seventeen years sub
sequent to the passage of Lord Chancellor
Hardwicke's English marriage act, and
it is not unlikely that this one was
ths;,.oa first; 18th. the heralding of the
to the same being quiet sufficient
cape from the rigors of English marriage
laws. The young man and woman who at
this date attained bliss by the Gretna route
were John Edgar, st. Mary's parish, and
Jean Scott, of the parish of Hetherel, both
in the adjoining English county of Cumber.
land. These two, tradition hath it. instead
of coming by coach-and-four over the old
post route from Carlisle. escaped their rela-
tives by boat across the Solway; were upset
by storm and an incoming tide, whose vio-
lence drowned one of their pursuers and
caused the Others to abandon the chase; the
couple themselves barely escaping with their
lives; and, bedragRled in brine and sand,
finally made their way on foot from Brew
houses, where they reached shore on the
Scottish side, to the safe haven of Gretna
Green.
This marriage, as well as thousands fol-
lowing. was performed by Joseph Paisley,
who from this date until the time of his
years, he was most notorious, if not noted,
man in Scotland, as we'll as the most ex-
ecrated single individual known to the an
nails of English social anathema. From all
accounts this Joseph Paisley was an odd
character. He was of unusual height and
strongest men in Scotland. He was a to-
bacconist- not blacksmith. as according
to general literary tradition-and presided
over the destinies of an insignificant
licensed depot for tea, tobacco and snuff,
where also smTggled whiskey was to be
could DO trusted. Gretna Green then,
as now. while the western end Of
Springfield village, consisted Of not
more than a half dozen houses
a little cluster Of buildings about the olden
farmstead Of Meg'-hill. There was the res
land owner, the old straw-thatched kirk
with its little kirk-yard in which now
find head stones in memory Of Paisley and
his successors as "Bishop of Gretna' az
they were each styled, the parish manse be.
hind the kirk, carpenters shop, cottage
or two, and the vile little shop Of Paisley
The man was 80 grossly ignorant that hs
could scarcely write his name, but was still
possessed of much canny shrewdness and
cunning. He 10 credited with tremendous
feats of strength, and with his two hands he
could straighten a horseshoe in its colo
state. He was also the poseessor of such
stentorian lungs that his helloa could bt
heard further than any post-horn in use be.
tween Carlisle and Glasgow; while he was
the most capable drinker then known in
Scotland-a no little tribute at any time to
bibulous prowess. As his fame and income
| 1ACkodosOs 4o OecHx0o Tremendous mass OF
fat. and, while never known to be drunk
consumed two English quarts of brandy dali
~. The fact is Of record that on one occa-
sion he sat down with bottle-companior
on Monday morning to an anker of coenac
and without aid in its drinking, or at any
time being intoxicated, they kicked the
empty cask out of the door on tho succeed.
ing Saturday. The outcry through
out England over the Edgar-Scott
marriage in 1871, simply resulted
in turning the attention Of countless
other couples to Gretna, and thu
insignificant hamlet instantly became IA
nous. Paisley was threatened with all
manner of harm, upon which he set SCOT
gave him added Importance and dignity.
He was canny enough to secure the best
Scotch legal advice. and Immediately settled
the form of procedure according to law. by
attestinQ marriages simply ~ witness