[1421]Oppenheim,op. cit., 13-17: "Bills, Public," 1826-27, II.Cf.alsoWalpole,Hist. of Eng., IV, 70, 71.Griffin-Stonestreet,Nuptiae Sacrae: Objections to the Amended Unitarian Marriage Bill(London, 1828), is especially bigoted in his opposition, holding that the sanctity of matrimony will be violated; that the magistrate will have religious functions thrust upon him; and concludes with the remark (38) that "it is no recommendation of this measure, that it is in many parts a mere transcript ofOliver Cromwell'smethod of putting down the offices of the Church by the Act of 1656." On the other hand, "A Presbyter of the Church of England," who objects to allowing "Socinian ministers" a share in the solemnization of marriages, admits that there is a real grievance and recommends the "alternative of a marriage before a civil magistrate, according to certain civil forms." To provide a model (31-37), he reprints the whole of Cromwell's ordinance of 1653. The measure is opposed in a spirit of intolerance byLe Geyt,Observations on the Bill(London, 1827).
[1421]Oppenheim,op. cit., 13-17: "Bills, Public," 1826-27, II.Cf.alsoWalpole,Hist. of Eng., IV, 70, 71.Griffin-Stonestreet,Nuptiae Sacrae: Objections to the Amended Unitarian Marriage Bill(London, 1828), is especially bigoted in his opposition, holding that the sanctity of matrimony will be violated; that the magistrate will have religious functions thrust upon him; and concludes with the remark (38) that "it is no recommendation of this measure, that it is in many parts a mere transcript ofOliver Cromwell'smethod of putting down the offices of the Church by the Act of 1656." On the other hand, "A Presbyter of the Church of England," who objects to allowing "Socinian ministers" a share in the solemnization of marriages, admits that there is a real grievance and recommends the "alternative of a marriage before a civil magistrate, according to certain civil forms." To provide a model (31-37), he reprints the whole of Cromwell's ordinance of 1653. The measure is opposed in a spirit of intolerance byLe Geyt,Observations on the Bill(London, 1827).
[1422]Burn,Parish Registers, 146;cf.Geary,Mar. and Fam. Rel., 60, 61.
[1422]Burn,Parish Registers, 146;cf.Geary,Mar. and Fam. Rel., 60, 61.
[1423]Rexv.Northfield (1781), 2 Douglas, 658;Geary,loc. cit.;Burn,op. cit., 32 n. 2.
[1423]Rexv.Northfield (1781), 2 Douglas, 658;Geary,loc. cit.;Burn,op. cit., 32 n. 2.
[1424]21 Geo. III., c. 53:Statutes at Large, VIII, 83. In the debate on the bill for this act Mr. Charles James Fox, "who appears," says Burn, "to have possessed an hereditary opposition to the Marriage Act of 1753," declared "that all persons who had solemnized marriages in any of these new chapels were at present liable totransportation. Under danger of that penalty stood ... a vast number of clergymen, and some prelates in the Upper House; but as America would not receive them, they must go to theJustitia Hulk, which to be sure would be a terrible thing, and he hoped the house would interfere to save these reverend, and right reverend gentlemen from so horrible a fate. It was an absolute fact that several, if not all, of the Bishops had transgressed in this way; and by the bye, the House might have the mortification to see Bishops in their lawn sleeves, instead of preaching the word, heaving ballast on the Thames."—Burn,op. cit., 32, 33, note.
[1424]21 Geo. III., c. 53:Statutes at Large, VIII, 83. In the debate on the bill for this act Mr. Charles James Fox, "who appears," says Burn, "to have possessed an hereditary opposition to the Marriage Act of 1753," declared "that all persons who had solemnized marriages in any of these new chapels were at present liable totransportation. Under danger of that penalty stood ... a vast number of clergymen, and some prelates in the Upper House; but as America would not receive them, they must go to theJustitia Hulk, which to be sure would be a terrible thing, and he hoped the house would interfere to save these reverend, and right reverend gentlemen from so horrible a fate. It was an absolute fact that several, if not all, of the Bishops had transgressed in this way; and by the bye, the House might have the mortification to see Bishops in their lawn sleeves, instead of preaching the word, heaving ballast on the Thames."—Burn,op. cit., 32, 33, note.
[1425]44 Geo. III., c. 77; 48 Geo. III., c. 127; 11 Geo. IV. (1830), c. 18. The statute of 6 Geo. IV., unlike all the preceding, validated future marriages in churches or chapels erected since 26 Geo. II., c. 33:Geary,op. cit., 61.
[1425]44 Geo. III., c. 77; 48 Geo. III., c. 127; 11 Geo. IV. (1830), c. 18. The statute of 6 Geo. IV., unlike all the preceding, validated future marriages in churches or chapels erected since 26 Geo. II., c. 33:Geary,op. cit., 61.
[1426]Hammick,Marriage Law, 14, note, citingSir John Stoddart'sLetter to Lord Brougham on the Irish Marriage Cases(1844), who says, referring to the facts mentioned in the text, "that was in the case of Hewettv.Bratcher (1809), in which I was counsel before the High Court of Delegates; and that court decided that agreeably to the Act of 1753, then in force, a marriage must, under such circumstances, be annulled." Compare also the similar case of Johnsonv.Parker (1819), 3 Phillim., 39, where "the husband obtained a declaration of nullity because he was about six weeks under age at the date of the marriage, although he had himself sworn on applying for the licence that he was of age."—Geary,op. cit., 15. Other cases are mentioned inHansard,Par. Debates, XXXIX, 1466; XLI, 1445 (1st series).
[1426]Hammick,Marriage Law, 14, note, citingSir John Stoddart'sLetter to Lord Brougham on the Irish Marriage Cases(1844), who says, referring to the facts mentioned in the text, "that was in the case of Hewettv.Bratcher (1809), in which I was counsel before the High Court of Delegates; and that court decided that agreeably to the Act of 1753, then in force, a marriage must, under such circumstances, be annulled." Compare also the similar case of Johnsonv.Parker (1819), 3 Phillim., 39, where "the husband obtained a declaration of nullity because he was about six weeks under age at the date of the marriage, although he had himself sworn on applying for the licence that he was of age."—Geary,op. cit., 15. Other cases are mentioned inHansard,Par. Debates, XXXIX, 1466; XLI, 1445 (1st series).
[1427]Hayesv.Watts (1819), 3 Phillim., 43.
[1427]Hayesv.Watts (1819), 3 Phillim., 43.
[1428]Geary,op. cit., 14, 15.
[1428]Geary,op. cit., 14, 15.
[1429]Reddallv.Leddiard (1820), 3 Phillim., 256. This case and others are discussed byPhillimore,Speech on the Marriage Act, 23-45, an able exposition of the evils arising under the Hardwicke act.
[1429]Reddallv.Leddiard (1820), 3 Phillim., 256. This case and others are discussed byPhillimore,Speech on the Marriage Act, 23-45, an able exposition of the evils arising under the Hardwicke act.
[1430]Geary,op. cit., 15, note.
[1430]Geary,op. cit., 15, note.
[1431]CompareGeary,op. cit., 15.
[1431]CompareGeary,op. cit., 15.
[1432]In the preceding year, by 3 Geo. IV., c. 75, the provision of the Hardwicke act invalidating marriage of minors by license without consent, and some other defects, were remedied; but the eighth and following sections of the law prescribing more "stringent regulations to prevent clandestine marriage by licence," were repealed by 4 Geo. IV., c. 17, which enacted that "licences should be granted in the case of minors as under Lord Hardwicke's act":cf.Hammick,Marriage Law, 15, note;Hansard,Debates, 2d series, VII, 702, 1635 (Commons); 1128, 1143, 1198, 1373, 1452 (Lords); andPhillimore,Speech on the Marriage Act, 45 ff.
[1432]In the preceding year, by 3 Geo. IV., c. 75, the provision of the Hardwicke act invalidating marriage of minors by license without consent, and some other defects, were remedied; but the eighth and following sections of the law prescribing more "stringent regulations to prevent clandestine marriage by licence," were repealed by 4 Geo. IV., c. 17, which enacted that "licences should be granted in the case of minors as under Lord Hardwicke's act":cf.Hammick,Marriage Law, 15, note;Hansard,Debates, 2d series, VII, 702, 1635 (Commons); 1128, 1143, 1198, 1373, 1452 (Lords); andPhillimore,Speech on the Marriage Act, 45 ff.
[1433]The act of 4 Geo. IV., c. 76, may be found inHammick,op. cit., 269-80; andBurn,Ecclesiastical Laws, II, 433d-h; as also in theStatutes at Largefor that year.Cf.Hansard,Debates, 2d series, VIII, 80, 87, 123, 235, 623; IX, 540, 649;Annual Register, LXV, 89-93.
[1433]The act of 4 Geo. IV., c. 76, may be found inHammick,op. cit., 269-80; andBurn,Ecclesiastical Laws, II, 433d-h; as also in theStatutes at Largefor that year.Cf.Hansard,Debates, 2d series, VIII, 80, 87, 123, 235, 623; IX, 540, 649;Annual Register, LXV, 89-93.
[1434]6 and 7 Will. IV., c. 85:Statutes at Large, 510-25;Burn,op. cit., II, 433uff.; Hammick,op. cit., 282-96.
[1434]6 and 7 Will. IV., c. 85:Statutes at Large, 510-25;Burn,op. cit., II, 433uff.; Hammick,op. cit., 282-96.
[1435]6 and 7 Will. IV., c. 86:Statutes at Large, 526-44;Hammick,op. cit., 297-306.
[1435]6 and 7 Will. IV., c. 86:Statutes at Large, 526-44;Hammick,op. cit., 297-306.
[1436]For the debates on the acts of Will. IV. seeHansard,Debates, 3d series, XXXI, 367-86; XXXII, 1093; XXXIV, 490-94, 539, 1021-39, 1309.Cf.theQuarterly Review, LVII, 248-53, for an article praising the conservative course of the Lords.
[1436]For the debates on the acts of Will. IV. seeHansard,Debates, 3d series, XXXI, 367-86; XXXII, 1093; XXXIV, 490-94, 539, 1021-39, 1309.Cf.theQuarterly Review, LVII, 248-53, for an article praising the conservative course of the Lords.
[1437]For summary and discussion of the registration laws seeBohn,Political Cyclopædia, IV, 625-28;Smith,The Parish, 187-89, 457-60;Friedberg,Eheschliessung, 413-19;Robertson, inBritannica, XV, 566;Hammick,Marriage Law, 106 ff., 166-90,passim;Geary,Mar. and Fam. Rel., 133-37,passimas per index;Moore,How to be Married, 60 ff.;Ernst,Treatise of Mar. and Div., 10 ff.
[1437]For summary and discussion of the registration laws seeBohn,Political Cyclopædia, IV, 625-28;Smith,The Parish, 187-89, 457-60;Friedberg,Eheschliessung, 413-19;Robertson, inBritannica, XV, 566;Hammick,Marriage Law, 106 ff., 166-90,passim;Geary,Mar. and Fam. Rel., 133-37,passimas per index;Moore,How to be Married, 60 ff.;Ernst,Treatise of Mar. and Div., 10 ff.
[1438]The appointment of the district registrars of marriages is provided for, not by the registration act, but by the marriage act of 6 and 7 Will. IV., c. 85, sec. 17.
[1438]The appointment of the district registrars of marriages is provided for, not by the registration act, but by the marriage act of 6 and 7 Will. IV., c. 85, sec. 17.
[1439]By 19 and 20 Vict., c. 119, sec. 15;Hammick,op. cit., 327.
[1439]By 19 and 20 Vict., c. 119, sec. 15;Hammick,op. cit., 327.
[1440]"With the consent of the patron and the incumbent."—4 Geo. IV., c. 76, sec. 3:Hammick,op. cit., 270. See further details as to the places licensed, in 6 and 7 Will. IV., c. 85, secs. 26 ff.
[1440]"With the consent of the patron and the incumbent."—4 Geo. IV., c. 76, sec. 3:Hammick,op. cit., 270. See further details as to the places licensed, in 6 and 7 Will. IV., c. 85, secs. 26 ff.
[1441]By 6 and 7 Will. IV., c. 85, sec. 1. But by 19 and 20 Vict., c. 119, sec. 11, celebration by a clergyman of the Church of England on certificate of the superintendent registrar is not obligatory:cf.Hammick,op. cit., 87, 282, 313;Geary,Mar. and Fam. Rel., 58, 80, 85, 88, 94."In the year 1884, out of 144,344 marriages according to the rites of the Established Church, 128,107, or 89 per cent., were by banns, 12,188, or 8.5 per cent., by ordinary licence, 68, or .05 per cent., by special licence (of the archbishop), and 3,523, or 2.4 per cent., on superintendent registrar's certificate."—Hammick,op. cit., 63, note. In 1889, 698 marriages in every 1,000 were according to the rites of the English church; and of these only sixteen were by certificate:Geary,op. cit., 58, note. See the discussion and the tables of statistics of marriages, 1841-88, inMoore,How to be Married, 111-17, 166, 167.
[1441]By 6 and 7 Will. IV., c. 85, sec. 1. But by 19 and 20 Vict., c. 119, sec. 11, celebration by a clergyman of the Church of England on certificate of the superintendent registrar is not obligatory:cf.Hammick,op. cit., 87, 282, 313;Geary,Mar. and Fam. Rel., 58, 80, 85, 88, 94.
"In the year 1884, out of 144,344 marriages according to the rites of the Established Church, 128,107, or 89 per cent., were by banns, 12,188, or 8.5 per cent., by ordinary licence, 68, or .05 per cent., by special licence (of the archbishop), and 3,523, or 2.4 per cent., on superintendent registrar's certificate."—Hammick,op. cit., 63, note. In 1889, 698 marriages in every 1,000 were according to the rites of the English church; and of these only sixteen were by certificate:Geary,op. cit., 58, note. See the discussion and the tables of statistics of marriages, 1841-88, inMoore,How to be Married, 111-17, 166, 167.
[1442]See the form of oath inGeary,op. cit., 49 n. 3; andMoore,op. cit., 120, who gives all the marriage forms. If the "defendant swears falsely it is not perjury, and only misdemeanour" (Reginav.Chapman, 1849, I Den., 432); and "the spiritual Court has no jurisdiction to punish such false oath" (Phillimorev.Machon, 1876, 1 P. D., 481);Geary,op. cit., 49, 50.
[1442]See the form of oath inGeary,op. cit., 49 n. 3; andMoore,op. cit., 120, who gives all the marriage forms. If the "defendant swears falsely it is not perjury, and only misdemeanour" (Reginav.Chapman, 1849, I Den., 432); and "the spiritual Court has no jurisdiction to punish such false oath" (Phillimorev.Machon, 1876, 1 P. D., 481);Geary,op. cit., 49, 50.
[1443]Now between the hours of 8 in the forenoon and 3 in the afternoon: By 49 and 50 Vict., c. 14:Hammick,Marriage Law, 341.
[1443]Now between the hours of 8 in the forenoon and 3 in the afternoon: By 49 and 50 Vict., c. 14:Hammick,Marriage Law, 341.
[1444]Compare the clear summary ofRobertson, inBritannica, XV, 566;Burn,Ecc. Laws, II, 433f-h;Moore,How to be Married, 1-23.
[1444]Compare the clear summary ofRobertson, inBritannica, XV, 566;Burn,Ecc. Laws, II, 433f-h;Moore,How to be Married, 1-23.
[1445]Hammick'ssummary inMarriage Law, 15.
[1445]Hammick'ssummary inMarriage Law, 15.
[1446]Above, chap. viii, sec. iv, pp. 359 ff.
[1446]Above, chap. viii, sec. iv, pp. 359 ff.
[1447]Hammick,op. cit., 65.Cf.Report of the Royal Commission, 1868, 53-58, 34, 36-38, for the responses of various lay and ecclesiastical persons.
[1447]Hammick,op. cit., 65.Cf.Report of the Royal Commission, 1868, 53-58, 34, 36-38, for the responses of various lay and ecclesiastical persons.
[1448]Report, xlii; inHammick,op. cit., 65, note.
[1448]Report, xlii; inHammick,op. cit., 65, note.
[1449]Rev. S. C. Wilks, in hisBanns, a Railroad to Clandestine Marriages(1864), proposed "a simple form of declaration, to be incorporated with the Banns Book":Hammick,op. cit., 66, note.
[1449]Rev. S. C. Wilks, in hisBanns, a Railroad to Clandestine Marriages(1864), proposed "a simple form of declaration, to be incorporated with the Banns Book":Hammick,op. cit., 66, note.
[1450]From suggestions made to the Marriage Law Commissioners, and published in theirReport, 1868: inHammick,op. cit., 354-62.
[1450]From suggestions made to the Marriage Law Commissioners, and published in theirReport, 1868: inHammick,op. cit., 354-62.
[1451]Suggestion of Major Graham, late Registrar General, in the commissioners'Report:Hammick,op. cit., 356:"Without proposing that banns should be prohibited, the commissioners recommend that the publication should not be required by law as a condition either of the lawfulness or of the regularity of marriage, being of opinion that 'every useful purpose which can be answered by the publication of banns in the Established Church may be equally answered by the mere fact of notice to the officiating minister.'"—Hammick,op. cit., 65. In general, on the present law of banns, seeibid., 62-80;Ernst,Treatise of Mar. and Div., 8;Geary,Mar. and Fam. Rel., 37-46, where the judicial decisions are cited; andMoore,How to be Married, 1 ff.
[1451]Suggestion of Major Graham, late Registrar General, in the commissioners'Report:Hammick,op. cit., 356:
"Without proposing that banns should be prohibited, the commissioners recommend that the publication should not be required by law as a condition either of the lawfulness or of the regularity of marriage, being of opinion that 'every useful purpose which can be answered by the publication of banns in the Established Church may be equally answered by the mere fact of notice to the officiating minister.'"—Hammick,op. cit., 65. In general, on the present law of banns, seeibid., 62-80;Ernst,Treatise of Mar. and Div., 8;Geary,Mar. and Fam. Rel., 37-46, where the judicial decisions are cited; andMoore,How to be Married, 1 ff.
[1452]On asking leave to present the bill, March 17, 1834, Sir Robert Peel delivered an elaborate speech explaining the need of reform and giving a history of the attempts to remedy the hardships arising from the existing marriage laws since 1753. His speech was well received by all parties: see the summary of Peel's speech and of the debate on the bill inOppenheim, inZKR., I, 19-33. In general on the struggle for relief of dissenters seeMay,Const. Hist., II, 362-64, 392-95;Friedberg,Eheschliessung, 391-401;Fischel,Eng. Const.(London, 1863), 84.
[1452]On asking leave to present the bill, March 17, 1834, Sir Robert Peel delivered an elaborate speech explaining the need of reform and giving a history of the attempts to remedy the hardships arising from the existing marriage laws since 1753. His speech was well received by all parties: see the summary of Peel's speech and of the debate on the bill inOppenheim, inZKR., I, 19-33. In general on the struggle for relief of dissenters seeMay,Const. Hist., II, 362-64, 392-95;Friedberg,Eheschliessung, 391-401;Fischel,Eng. Const.(London, 1863), 84.
[1453]Lord John Russell's speech:Oppenheim, inZKR., I, 34;cf.ibid., 31; andBeard,Notes on Lord John Russell's Mar. Bill(London, 1834), demanding full civil marriage for dissenters, not mere "relief" through the Church of England.
[1453]Lord John Russell's speech:Oppenheim, inZKR., I, 34;cf.ibid., 31; andBeard,Notes on Lord John Russell's Mar. Bill(London, 1834), demanding full civil marriage for dissenters, not mere "relief" through the Church of England.
[1454]Molesworth,Hist. of Eng., I, 339;Walpole,Hist. of Eng., IV, 71, 72.
[1454]Molesworth,Hist. of Eng., I, 339;Walpole,Hist. of Eng., IV, 71, 72.
[1455]Oppenheim, inZKR., I, 31, 32. The bill was not satisfactory to Lord John Russell; hence it was dropped when he superseded Peel as prime minister.
[1455]Oppenheim, inZKR., I, 31, 32. The bill was not satisfactory to Lord John Russell; hence it was dropped when he superseded Peel as prime minister.
[1456]For a contemporary account of the debate on the bill see theAnnual Register, LXXVIII, 122-34; a summary byOppenheim, inZKR., I, 33 ff.; alsoMolesworth,Hist. of Eng., I, 386-88;Walpole,Hist. of Eng., IV, 69-73. SeeHansard,Debates, as cited above.
[1456]For a contemporary account of the debate on the bill see theAnnual Register, LXXVIII, 122-34; a summary byOppenheim, inZKR., I, 33 ff.; alsoMolesworth,Hist. of Eng., I, 386-88;Walpole,Hist. of Eng., IV, 69-73. SeeHansard,Debates, as cited above.
[1457]On marriage by certificate without license seeMoore,How to be Married, 60 ff.;Geary,Mar. and Fam. Rel., 80 ff., 85 ff.;Hammick,Marriage Law, 118 ff., 127 ff.
[1457]On marriage by certificate without license seeMoore,How to be Married, 60 ff.;Geary,Mar. and Fam. Rel., 80 ff., 85 ff.;Hammick,Marriage Law, 118 ff., 127 ff.
[1458]By 19 and 20 Vict., c. 119, secs. 3-5.
[1458]By 19 and 20 Vict., c. 119, secs. 3-5.
[1459]By 19 and 20 Vict., c. 119, sec. 2.Cf.Robertson, inBritannica, XV, 566;Burn,Eccl. Laws, II, 433x-y;Hammick,Marriage Law, 89 ff., 319, 320;Geary,Mar. and Fam. Rel., 80-85.
[1459]By 19 and 20 Vict., c. 119, sec. 2.Cf.Robertson, inBritannica, XV, 566;Burn,Eccl. Laws, II, 433x-y;Hammick,Marriage Law, 89 ff., 319, 320;Geary,Mar. and Fam. Rel., 80-85.
[1460]In the interval the notice was originally to be read by the clerk of the Board of Guardians at their sessions for three successive weeks:Friedberg,Eheschliessung, 416;Burn,Eccl. Laws, II, 433y. This provision is repealed by 19 and 20 Vict., c. 119.
[1460]In the interval the notice was originally to be read by the clerk of the Board of Guardians at their sessions for three successive weeks:Friedberg,Eheschliessung, 416;Burn,Eccl. Laws, II, 433y. This provision is repealed by 19 and 20 Vict., c. 119.
[1461]Cf.19 and 20 Vict., c. 119, sec. 4. The form of certificate is given byHammick,Marriage Law, 333, 334;Moore,How to be Married, 148. All the forms are given byMoore,ibid., 120-63.
[1461]Cf.19 and 20 Vict., c. 119, sec. 4. The form of certificate is given byHammick,Marriage Law, 333, 334;Moore,How to be Married, 148. All the forms are given byMoore,ibid., 120-63.
[1462]6 and 7 Will. IV., c. 85, sec. 18.Cf.Burn,Eccl. Laws, II, 433bb.;Bohn,Pol. Cyc., III, 329;Friedberg,op. cit., 413-15;Hammick,op. cit., 118 ff., 122 ff.
[1462]6 and 7 Will. IV., c. 85, sec. 18.Cf.Burn,Eccl. Laws, II, 433bb.;Bohn,Pol. Cyc., III, 329;Friedberg,op. cit., 413-15;Hammick,op. cit., 118 ff., 122 ff.
[1463]Burn,Eccl. Laws, II, 433x;Robertson, inBritannica, XV, 567;Friedberg,op. cit., 416;Bohn,op. cit., III, 322.
[1463]Burn,Eccl. Laws, II, 433x;Robertson, inBritannica, XV, 567;Friedberg,op. cit., 416;Bohn,op. cit., III, 322.
[1464]Between 8 and 12 in the forenoon by 6 and 7 Will. IV., c. 85, sec. 20. This was changed by 49 and 50 Vict., c. 14, sec. 1.
[1464]Between 8 and 12 in the forenoon by 6 and 7 Will. IV., c. 85, sec. 20. This was changed by 49 and 50 Vict., c. 14, sec. 1.
[1465]Original act said "seven days":Burn,op. cit., II, 433aa, changed by 19 and 20 Vict., c. 119, sec. 9.Cf.Geary,Mar. and Fam. Rel., 87;Hammick,op. cit., 324.
[1465]Original act said "seven days":Burn,op. cit., II, 433aa, changed by 19 and 20 Vict., c. 119, sec. 9.Cf.Geary,Mar. and Fam. Rel., 87;Hammick,op. cit., 324.
[1466]Robertson, inBritannica, XV, 567;Burn,op. cit., II, 433z-bb.
[1466]Robertson, inBritannica, XV, 567;Burn,op. cit., II, 433z-bb.
[1467]Re-enacted by 19 and 20 Vict., c. 119, sec. 18.
[1467]Re-enacted by 19 and 20 Vict., c. 119, sec. 18.
[1468]By 6 and 7 Will. IV., c. 85, sec. 42.Cf.Bohn,Pol. Cyc., III, 324;Burn,op. cit., II, 433ii;Hammick,op. cit., 295.
[1468]By 6 and 7 Will. IV., c. 85, sec. 42.Cf.Bohn,Pol. Cyc., III, 324;Burn,op. cit., II, 433ii;Hammick,op. cit., 295.
[1469]6 and 7 Will. IV., c. 85, sec. 20.Cf.Burn,op. cit., II, 433cc;Bohn,op. cit., III, 323;Hammick,op. cit., 289, 145;Moore,How to be Married, 49.
[1469]6 and 7 Will. IV., c. 85, sec. 20.Cf.Burn,op. cit., II, 433cc;Bohn,op. cit., III, 323;Hammick,op. cit., 289, 145;Moore,How to be Married, 49.
[1470]By the act of 7 and 8 Vict., c. 81 (1844), supplemented by 34 Vict., c. 110, and 26 and 27 Vict., c. 27, the essential features of 6 and 7 Will. IV., c. 85, were adopted for Ireland, the proximate cause being the excitement aroused by the case of the Queenv.Millis, 1843: see chap. vii, sec. ii, p. 316, above; and alsoHammick,Marriage Law, 232-39;Geary,Mar. and Fam. Rel., 557 ff.In Scotland except as restricted by 19 and 20 Vict., c. 96, the principles of the canon law are still in force, "subject only to such modifications as it has undergone from time to time by the application of the rules of evidence established in that country, and the course of judicial decisions" (Hammick,op. cit., 221). But in 1856 by 19 and 20 Vict., c. 96, called Lord Brougham's Act, for a contract to be valid, the parties must have resided in Scotland at least twenty-one days preceding the ceremony. This put an end to "Gretna Green" weddings, but otherwise private contracts are still legal. Thus three kinds of marriages are recognized: (1) "regular marriages" before a minister according to custom or statute; (2) "irregular marriages"per verba de praesenti; (3) "irregular marriages"per verba de futuro, subsequente copula; but in this case the contract must be written or proved by confession on oath:Hammick,op. cit., 221 ff. That Scotch marriages are binding in England was established by the celebrated judgment of Lord Stowell in Dalrymplev.Dalrymple in 1811:Dodson,A Report of the Judgment, 1 ff., 97 ff.;Stephens,Laws of the Clergy, I, 672, 688;Friedberg,Eheschliessung, 426, 427;Kent,Commentaries, II, 87. In general, seeGeary,op. cit., 531 ff.;Friedberg,op. cit., 428, 437-59;idem,Geschichte der Civilehe, 18 ff.;Moore,How to be Married, 85 ff.;Robertson, inBritannica, XV, 567;Tegg,The Knot Tied, 216-23 (Gretna Green);Jeaffreson,Brides and Bridals, II, 203-16 (Gretna Green);Glasson,Histoire du droit et des inst., VI, 162-69;Wharton,Laws Rel. to Women, 265-98 (present English law), 298-303 (Scotch law);Stephens,Laws of the Clergy, I, 671-779;Carlier,Mar. aux États-Unis, 41 ff.
[1470]By the act of 7 and 8 Vict., c. 81 (1844), supplemented by 34 Vict., c. 110, and 26 and 27 Vict., c. 27, the essential features of 6 and 7 Will. IV., c. 85, were adopted for Ireland, the proximate cause being the excitement aroused by the case of the Queenv.Millis, 1843: see chap. vii, sec. ii, p. 316, above; and alsoHammick,Marriage Law, 232-39;Geary,Mar. and Fam. Rel., 557 ff.
In Scotland except as restricted by 19 and 20 Vict., c. 96, the principles of the canon law are still in force, "subject only to such modifications as it has undergone from time to time by the application of the rules of evidence established in that country, and the course of judicial decisions" (Hammick,op. cit., 221). But in 1856 by 19 and 20 Vict., c. 96, called Lord Brougham's Act, for a contract to be valid, the parties must have resided in Scotland at least twenty-one days preceding the ceremony. This put an end to "Gretna Green" weddings, but otherwise private contracts are still legal. Thus three kinds of marriages are recognized: (1) "regular marriages" before a minister according to custom or statute; (2) "irregular marriages"per verba de praesenti; (3) "irregular marriages"per verba de futuro, subsequente copula; but in this case the contract must be written or proved by confession on oath:Hammick,op. cit., 221 ff. That Scotch marriages are binding in England was established by the celebrated judgment of Lord Stowell in Dalrymplev.Dalrymple in 1811:Dodson,A Report of the Judgment, 1 ff., 97 ff.;Stephens,Laws of the Clergy, I, 672, 688;Friedberg,Eheschliessung, 426, 427;Kent,Commentaries, II, 87. In general, seeGeary,op. cit., 531 ff.;Friedberg,op. cit., 428, 437-59;idem,Geschichte der Civilehe, 18 ff.;Moore,How to be Married, 85 ff.;Robertson, inBritannica, XV, 567;Tegg,The Knot Tied, 216-23 (Gretna Green);Jeaffreson,Brides and Bridals, II, 203-16 (Gretna Green);Glasson,Histoire du droit et des inst., VI, 162-69;Wharton,Laws Rel. to Women, 265-98 (present English law), 298-303 (Scotch law);Stephens,Laws of the Clergy, I, 671-779;Carlier,Mar. aux États-Unis, 41 ff.
Transcriber's note:Minor typographical and punctuation errors have been corrected without note. Irregularities and inconsistencies in the text have been retained as printed.Mismatched quotes are not fixed if it's not sufficiently clear where the missing quote should be placed.The cover for the eBook version of this book was created by the transcriber and is placed in the public domain.In the Table of Contents: III.The Evils of the Spiritual Jurisdiction 351-359"—350 was changed to 351.Page 170: The closing quote is missing—'the custom "in accordance with which every woman'Page 349: [=n] in bego[=n]e depicts small letter n with macron above.Footnote 1199: [~x] depicts a tilde above a letter.
Minor typographical and punctuation errors have been corrected without note. Irregularities and inconsistencies in the text have been retained as printed.
Mismatched quotes are not fixed if it's not sufficiently clear where the missing quote should be placed.
The cover for the eBook version of this book was created by the transcriber and is placed in the public domain.
In the Table of Contents: III.The Evils of the Spiritual Jurisdiction 351-359"—350 was changed to 351.
Page 170: The closing quote is missing—'the custom "in accordance with which every woman'
Page 349: [=n] in bego[=n]e depicts small letter n with macron above.
Footnote 1199: [~x] depicts a tilde above a letter.