THREE:
FORE:[See larger version]
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FORE:Marriage is one of the fundamental principles of the social system. The law of marriage, therefore, ought to be plain and simple, intelligible to all, and guarded in every possible way against fraud and abuse. Yet the marriage laws of the United Kingdom were long in the most confused, unintelligible, and unsettled state, leading often to ruinous and almost endless litigation. A new Marriage Act was passed in the Session now under review, which, like many Acts of the kind, originated in personal interests affecting the aristocracy. It was said to have mainly arisen out of the marriage of the Marquis of Donegal with Miss May, who was the daughter of a gentleman celebrated for assisting persons of fashion with loans of money. The brother of the marquis sought to set this marriage aside, and to render the children illegitimate, in order that he might himself, should the marquis die without lawful issue, be heir to his title and estates. In law the marriage was invalid; but it was now protected by a retrospective clause in the new Act. By the Marriage Act of 1754 all marriages of minors certified without the assent of certain specified persons were declared null. A Bill was passed by the Commons giving validity to marriages which, according to the existing law, were null, and providing that the marriages of minors, celebrated without due notice, should not be void, but merely voidable, and liable to be annulled only during the minority[226] of the parties, and at the suit of the parents or guardians.
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FORE:But there was no time for festivities. The English army was approaching, and it was necessary for Charles to assert his right by hard blows as well as by proclamations. The citizens stood aloof from his standard; but Lord Nairn arrived most opportunely from the Highlands with five[96] hundred of the clan Maclachlan, headed by their chief, and accompanied by a number of men from Athol. These swelled his little army to upwards of two thousand five hundred, and Charles declared that he would immediately lead them against Cope. The chiefs applauded this resolution, and on the morning of the 19th he marched out to Duddingston, where the troops lay upon their arms, and then he summoned a council of war. He proposed to continue the march the next morning, and meet Cope upon the way. In the highest spirits the clans marched on through Musselburgh and over the heights at Carberry, where Mary Queen of Scots made her last unfortunate fight, nor did they stop till they came in sight of the English army.
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