Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1893-09-28

ing in many portions of every shire Of
Scotland, where have not found beauty
or grandeur in scenery there has always
been winsome antiquarian, historic or
personal interest. Only one spot has
proven repulsive, squalld and forlorn
to such degree that its very beggarli.
ness is startling, Its venality ferocious
and Its miserable folk and history 40
uncanny and Infamous, that place, folk
and history are weirdly fascinating
alone from their woebegone, vicious and
outrageous character. Such place,
such folk and such history remain
In the ancient noted, and still notorious,
Scottish court Of Hymen, Gretna Green.
No single clear and concise account
can be found in the books comprising
the conditions and incidents leading to
The establishment Of the ancient
notorious marriage Mecca of Gretna.
Its origin primarily was due to the
rigors OF English martial law about the
middle of the 18th century. Ancient
English law held that marriage was
legal by civil contract In the presence of
two witnesses, rendering the services Of
the priest merely a matter of sentiment
or religion. Decisions under this law,
influenced by powerful ecclesiasticism,
led to serious legal entanglements, A
civil contract marriage was valid-to a
degree. In the matter of descent of
real property to the offspring of suci.
marriage, it was held to be an invalid.
Rebellion against the inexorability Of
the clerical influence in the courts,
rather than the law itself, resulted in
the cladestine marriages celebrated by
unprincipled clerics in orders, known
as fleet marriages and their consequent
scandals, a century and quarter ago in
London. To end this was passed the
English marriage act of Lord Chancellor
Hardwicke, in 1854. This prohibited all
clandestine and so-called irregular" or
civil-contract marriages, and made il
compulsory on all English subjects,
except Quakers and Jews, to be married
according to the rites of the Church of
England,
30 unjust measure was certain to
meet with evasion. Opportunity for
this was found in the necessarily un.
changeable rule in the English courts
that any marriage validity performed in
the country in which It had been con-
tracted must be held valid for all pur-
poses in England Rebellious spirits and
secretly painting hearts naturally turned
towards the nearest country offering re-
liet, This one was Scotland At the
time of the Reformation Scotland as
well as England refused to accept the
provision of the Council of Trent which
rendered the solemnization of marriage
by priest necessary. Scotland's ancient
marriage law was the same as that of
ancient England. From time lmmemorial
all that has been requisite for valid
marriage in Scotland has been an inter
change OF real and actual consent, con-
shutting at the time given an undeniaole
intention and determination to enter the
relation OF husband and wife, with either
lncontestible written evidences of that
TACT, or evidences of witnesses before
whom the same is declared. This was
ancient Scottish law. 1t was Scottish
law when Gretua began to acquire noto-
Tlety as marriage resort for runaway
English couples. And it is Scottish law
to-day.
There has never been in Scotland,
nor is there to-day, any bar to this form
OF marriage save that of public senti-
ment. The people Of Scotland, includ-
ing large proportion OF the clergy,
ever sturdily withstood the enactment
OF laws by the Scottish parliament
which might annul this form of mar
riage, or tend TO cloud heirship under it.
Strictest conditions Of registration have
always been imposed; and Scottish law
has always prescribed certain cere-
Monials for celebration of regular mar
riages, such as the publication of banns
and the officiating by u clergyman. But
the irregular" marriage by witnessed
civil contract has never been success
fully assailed, and has never been sub
ject to but one slight modification.
Through Difference TO English appeals
for check upon the "Gretna" and
"Coldstream" marriages of English
people--for the border village of Cold
stream in Berwickshire once possessed
almost as unenviable a reputation as
Gretna-in 1866, by permission of Scot
ush representatives, an act was passed
by the British parliament imposing the
condition upon Scottish civil.contract
marriages that one of the contracting
parties shall have been resident Of
Scotland for period of q days imme-
diately preceding such marriage.
Gretna was originally chosen as an
objective point of safety for both flying
debtors and runaway couples from
England solely on account OF its favor
able location. The great olden coach
roads OF England, still its finest high
ways-the eastern one coming north
through Leeds, York, Boroughbridge,
Catterick and ancient Bowes, the scene
of Dickens Dotheboys Hall in "Nicho-
las Nickelby," and thence over dreary
Stanemoor, aud the western one leading
from Liverpool through Lancashire and
the northwestern English shires--joined
at the city OF Carlisle. From Carlisle
the single broad stone highway passed
over the Esk and Sark rivers, between
which lay the historic "Debatable
Land" into Scotland. 1t should be
borne in mind that the distance from
Carlisle to Gretna, just beyond the Sark,
is only about twelve miles; that Gretna
was the first coach relay station north
Of Carlisle; that the Sark stream was
the unquestioned boundary line between
England and Scotland; and that what
ever legal or moral yexations might In
the olden times, or now, lurk in the
"Debatable Land" between the Esk and
the Sark, whenever debtors or lovers
flying from the memorable harassmeni
of English statute, once crossed the
middle of the Sark, they were instantly
safe from pursuers beneath the ever
welcoming egis of Scottish law.
Though Gretna had been a favorite
haven Of safety for absconding debtors
from the middle of the 18th century, Its
first irregular" marriage. OF which there
is record did not occur until It'll, II
years subsequent to the passage OF Lord
Chancellor Hardwicke's hated English
Marriage Act; but the circumstances OF