Telegram-herald., 1890-08-31

81 village-end, j. tie actual boundary
Inc between the ~ ugdon" 0t scot
land ana Englands and tnat whatever
legal or moral ygxltious might m the
Q den times, or now lurk in the - Jn-
table Land between Ihe SIGk AMI the
Esk, whenever debtors or lovers, hylrg
from tie nexorllle h4rrassneGt ~
Eusiish S.stute, one crossed Use maile
of the S4rE, they were Instantly sale
frun lhcit pursuers beneath the ever
welcoming aegls at Scottish law. All
dcd 10 tals Tact was the almost equally
important one that the great c03rh-
route, from LOnaOn itself, and indcfd
from ali parts Of central and western
England ~ Glasgow aud all western
Scotland, tgayerslHg the toruned Eng
lish border city of Carlisle. lot ten
miles distant. led over tie Sark, winch
Is here spanned by 4 great stone bridge,
an lnence oh 20 Glasgow, passing al
rectiy through springfield and Gretna
Green, ana later the Kings Arms,
winch Is sti.l AZ inn IL Springfield, MAS
in turn headquarters on this ancient
pOst-rOute for the first change OF horses
out OF Carlisle on the way to the North.
IN connection with these facts il Is also
interesting 10 know that another place
IN Scntaland once enlOved bat little less
notOrcty Tor Irregular marriages
.nan GrCtna Green itself. This WAS the
town OF COldstream in BerWickshre, on
the eastern border. Ii lies on the north
hank OF the Tweed which n that point
forms the boundry between England
and Scotland; and runaway DEBTORS
and lovers from the northwestern En-
ghsh shirts usually choose this route to
safety Or bliss ~ tle more expeditions
Of the two. A bridge and ford assisted
here IN confusing pursuers: while the
ford is really famous IN border history.
By IL Edward entered Scotland N 1896,
and hosts OF Scottish and English
armies made their way by the Cold
stream ford TO ravagug tie countries of
their respective enemies.
The direct causes leading TO Gretna
Green becoming tar-famed court OF
Hymen are traccable to the rIgOrs Of
English marital law and its interpreta-
ton. The ancient law of England held
that any marriage was legal by civil
contract IN tie presence OF two Wit
nesses, without the Intervention of
priest. Decisions based on this law en-
tangled matters in an extraordinary
nla4Aer. Marriage by cival contract
was valid, but for some purposes-such
a. the descent OF real property to the
heirs OF such marriage-the same was
invalid. The common notion also pre-
vaIled-and this principle has always
met with unceaslng though futile op-
position in England-that marriage by
priest, or other cleric in holy orders,
rendered the marriage tie absolutely
lndlsscluble, principle whose uni
versal adoption would serve no end
save 10 place q most dangerous power
at the disposal of the always-human
creatures Of the Church of the hour;
precluding superior and ever-safe ju-
dicial discrimination under the safe
guards OF wise law and intelligent
courts. Resultant upon this inexora-
billty OF law was the natural revolution
OF feeling under which century and
quarter since were nurtured the Fleet
aud other scandalous London mar
risges, and TO end which was passed
the English Marriage Act OF Lord
Chancellor Hardwicke, in 1854. This
act abolished claudestlne and so-cslled
irregular" marriages, and made It
compulsory on all English subjects,
save Quakers and Jews, to be married
according TO the Church of England"
restriction as infamous IN Its
nature as we're the abuses TO
which, as IL all similar cases,
II legitlmately led. The opportunity
for evasion OF this enormity was soon
discovered IN the rule of the English
courts that any marriage va.idly per-
formed IN the country IN which It bad
been contacted must be neld valid in
! England.
The law Of marriage in Scotland has
Always been practically the same as
was ancient English law. Scotland. IS
well rs EH4 at the time of the
RefOTmat.o.. refused 10 accept the
provision ct the Council of Trent rem
dering the solemuizatiOn of marriage
by priest HecessarY. The Scottish law
always prescribed, and now prescribes,
certain Ceremoniais for observation IN
the regular celebration Of marriage,
which included the publication of
bssnns and the Officiating by a clergy
man. lhO8g1 any marriage contract 4
without these CeromOuIais = "Irregu-
lar, it may stH be absolutely valid.
scottish people, Including a large pro-
portion O. toe clergy themselves. ever
stur8ly wlthst00d the enactment Of
laws hy Scottish parliament. and. sub
scquent % tie Jnion. bv the Brltsn
parliament, Tor Scotland, which might
c.Gud q so-cslied irregular marriage
or hersn b of property growing out 81
sucn marriage VITO any iegai QubbIes
or harl ssn1euts. Pubic sent niant & 81
Away beeu fae sole bar e. ths sofm of
marriage. they have sver been rare
and mlrequeat among tae scotch
themselves. and innocent progeny have
never been permitted g. >gaef frum
conditions resultant from feat which
while pT0prIefy al,gat question IS evef-
clse. justice aad lsN Tegaroed A. an
inslenth.e humsn rFae Frouf t.fas
intulemof 81 81 tiat 1ss been re8u s. r.
for a vaaa marriage .a Scotland hss
Teen an interchange u real sud sctusi
cen sent. cou.t' gEE a. csc aalc gwen
a. naaen stie iafetltou sud determ r.
alton to enter TIE fei8ton af aGsoa1.8
ana nite. wsfh estler lnecHtssstalsie
written evidence ot tEst fatl. cr eve
cfsres Ut witnesses fsIa.f When tie
ssufe declared Fhs ras Scott -
aS go TPSrs t-0. I'D Fs8rs aZo. ard i
IS >vtts1 aw tetaY it f&s ueyT
b~sn raodln il eaect sn the s eatest