Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1890-08-31

| stream il Berwirkshire, on the eastern
border. 1t lies on the north bank of the
| Tweed which at that point forms the
boundary between England and Scot
| land; and runaway debtors and lovers
| from the northeastern English shres
usually choose this route to safety or
| bliss as the more expeditions of the two.
! A bridge and ford assisted here in con-
| fusing pursuers; while the ford is really
| famous in border history. By it Edward
1. entered Scotland in 1896; and hosts of
Scottish and English armies made their
way by the Coldstream ford 20 ruvage
the countries of their respective enemies.
The direct causes leading to Gretna
Green becoming a far-faned court of
| Hvmen are traCable 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 the presence of two wit
nssses, without the Intervention of
priest. Decisions based on this law en-
tangled 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 marriage-the same was
invalid. The common notion also pre-
vailed-and this principle has always met
with unceasing though futile opposition 10
England-that marriage by priest, or
other cleric in holy orders, rendered
the marriage tie absolutely indisso-
luble; a principle whose universal
adoption would serve no end save
to place most dangerous power at the
disposal OF the always human creatures
of the church of the hour; precluding
superior aud ever-ssfs judicial discrimi-
nation under the safeguards OF wise law
and intelligent courts. Resultant upon
this ineIorability of law was the natural
REVOLUTION OF FEELING
under which century and a quarter
since, we're nurtured the Fleet and other
scandalous London marriages, and to end
which was passed the English marriage
act Of Lord Chancellor Hardwicke in
1854. This act abolished cIRndestine and
so-called irregular marriages, and
made it compulsory on all English sub
jects, save Quakers and Jews, to be mar
ried according 10 the Church of En-
gland; restriction as infamous in its !
nature as were the abuses to which, as in |
all similar cases, it legitimately led. The |
opportunity for evasion of this enornity |
was soon discovered in the rule OF the |
English courts that any marriage valid |
~ performed in the country in which Il |
had been contracted must be held valid |
in England.
The law of marriage in Scotland has |
always been practically the same as was
ancient English law. Scotland, as well
as England. at the time of the reforma-
tion refused to accept the provision of
the council of Trent, rendering the
colonization OF marriage By a priest
necessary. The Scottish law always pre-
scribed, and now prescribes, certain
ceremonials for observation in the
regular celebration of marriage, which
included the publication of banns and the
officiating by clergyman. Though any
marriage contracted without these cere-
monials is irregular it still may be
absolutely valid. Scottish peopIs, in
Guiding q large portion OF the clergy
themselves, ever sturdily withstood the
enactment of laws by Scottish parlia-
msnt and, subsequent to the union, by
the British parliament, for Scotland,
which might cloud a so-callsd ''irregu-
lar" marriage or heirship OF property