The Sun.
London, England, 1826-08-30 00:00:00

ON THE LAW OF MARRIAGE.

There 'is no Subject' connected with the English law
in 'which the body of the people are so ' deeply in-
terested as that 'which regulates the solemnization of
Matriniony,'or one in 'Which plainness and clearness
of regulation are so essentially necessary. Whether this
plainness and clearness can be said to be the qualities
of the laW of these Kingdrnits retarding Marriages,
seems hardly to be 'doubtful, when we consider that
a different rule prevails in England, Ireland, and Scot-
land; or even the multitude of doubts on the validity
of Marriages our Ecclesiastical Courts are called upon
to deci!le'S although, it may be said, that where
a marriage ' takes place 'in England between Pro-
testants, members of the Church of England, there, in-
deed, it, very seldom happens that a doubt arises; yet,
it should, nevertheless, seem to be a grievance of no
common extent, that the law regarding .marriages so-
lemnized abriiad, or in Ireland and Scotland, should
not be better ascertained. By .a singular fatality too, it
so happens, that so far as marriages solemnized abroad
are concerned, there does exist a late Legislative provi-
sion of so clear and explicit a nature, that if it fails to
show what 'shall not be a valid marriage, it nevertheless
clearly points out what shall constitute a lawful wedding,
and thus, by presenting us with a proper form, cures
almost all the evils that might otherwise arise from
the uncertainty that involves all cases of this nature.
The Act to which we allude is the 4th Geo. 4, c. 91,
and which. enacts, that marriages solemnized by a
Minister of the Church of England, in the chapel or
house of a British Minister abroad, or in the chapel
of a British • Factory abroad, or in the house of any
British subject residing at such factory, shall be valid.
But the, seeistid clause expressly declares, that the Act
shall 'not Confirm or impair the validity of any mai-
riagis solemnized abroad, except such 'as are solem-
nized in the places abuse-mentioned'. Hence it should
seem that all marriages,. solemnized agreeably to the
forms and law' of the 'country in which they took
lace,, would lie held in this country to he valid. It
is ono this principle thee marriages solemnized in Ire-
land or Scotland (Gretna Green for instance) are
held to be good, although in deciding this point it
not -unfrequently becomes a question, what is the
law of such country? and when that is ascer-
tented, whether it has been duly observed by the
fatties who there Contracted matrimony together.
The common' law of England regards a marriage as a
temporal contract, and therefore does not interfere to
enforce or annul it, except upon the same principles
as it would enforce .or annul a common contract of
sale and purchase. But, the Ecclesiastical law looks
upon matrimony as a religious ceremony, and accord-
ingly there are many canons regulating the perso be-
t?
tween whom matrimony may be contracted, a . the
time and place when and where , the marriages all be
solemnized, and the manner thereof. It is these canons
that declare that it shall take place between the hours
of eight and twelve in the forenoon, and in the parish
church. They also prohibit incestuous marriages, or
marriages between persons too nearly related. A great
variety of these cartons have, in process of time, been by
statute engrafted on the English law, and dots they be-
come equally entitled to notice in the courts of law, as in
the courts' spiritual of the country. But even in this
there still remains a great distinction between defects
in a marriage cognizable before the courts spiritual and
the courostemporal. ' In the fast the) would he held ag
rendering the Marriage void ; in the uremia, voidable
only, that is to say, would annul the marriage, when the
'objection is taken s a distinction which, albeit, it may
not be very material to the parties illegally married;
yet to their issue, is of the very greatest importance,
because, after the death-of eitherparent, the tempo-
ral courts will not permit the spiritual courts to pro-
nounce that marriage void, which was voidable only
by the English law, and thus the issue of such void-
able Marriage cannot be bastardised, or the succession
to property defeated by post mortem proceedinga in
the courts chriatian.
With reference to the requisites to form a legal
massisige in England, (emphatically speaking) we can-
not very, well choose this medium to point out the
niceties of the Aet 4 Geo. IV., cap. 76. It will suf.,
fice to say, that the marriage must be solemnized in a
church wherein banns may be lawfully published,
and Annis may he lawftilly published in the parish
church, or in any church or chapel - by licence from
the BiShop, obtained with the assent of patron and
incithibent of time living; that banns of marriage must
be first duly published, and they mat be followed by
solemnization of the marriage within threeM9ll4,llS from
the last day of publication, or, in default of banns,
a licestee must be duly obtained from the proper ec-
clesiaSti,sel, authority. This Act also contains some
regulations as to the age of the parties contracting m-
ummy, and As to the consent of the .parents or guar-
dians of such of them as shill be under 21 years of
age.' By time common law the age of consent would
be.l4 in a boy, and P 2 M a girl S'but this Act extends
the parental authority ulna they arrive at 21. Any
wilful departure from these provisioned on the part of
the persons contracting marriages, will render the mar-
riage null and void ; but if such persons are made the
victims of another's fraud, as if the officiating clergy-
man was not duly licensed, their the marriage will still
be valid, but the clergyman would be subject to trans-
portation for 14 years. These are whit mitybe called
the leading features of time Act ; but it contains other
minor detailS, Which' as we before hinted, it is hardly
worth while to give liere. The Act was passed solely
witli a view, to Prevent, as far as possible, all clandes-
tine marriages, and to protect minors of both sexes
from the conskpietices of any ill-advised connection,
into which they might, be, in time bey-day of youth,
entrapped by the designing ni, profligate practiaci a in
the art of seduction, or tin deep-hdd villainies of the
hackneyed and the heartless. . -
On the subject of incest tints marriages, or marriages
between parties too nearly relassai a few
words may
here be said. These incestiume marriages are void` by
the Canon Law ; but our law only niekes them void-
able,' not ipso Ado void, until sentence, of nullity be
obtained., ' Canonical disability, arising by the rela.
aionShip of the parties, are either grounded upon the
ea ,
-press words of the Divine
or are consequences
P 3
rfirly deducible from thence. It therefore being
'. . i
had 'utne persOns who labour tinder them to as.
tract matrimony together, they are pro-.
tempt to eno , . „
perly the object of the,EcClessaastical Magistrates'cost-
Milo in order to -separate th;i',,offentlers, mid inflict pe
nance for the offence. pro:61110e
.anintartoll., Bt!t1
these catmints in thriller times, WireJnade tne vehicle
of much extortion, on the. part of the church' by
,
multiplying the number of persons whet could not con-
tract matrimony for the sake of the I"neY to be pr,Ds.-
g
duced by, he pnrchsse of dispensation-,rite statute 3z
Henry Vlll. c. JB, declared the all peslopa may law-
fully Marry, but sort wi are .prohibited by Gotra Jaw ;
and that marriages contracted by hotifyi persons in time
face of the church, and consummated' with bodily
knowledge, and fruit of children, shall be indissoluble ;
And that aQtilitit4 (Cost's hiw. -oCerted) shall inipeacb