Monongalia mirror. [volume] (Morgantown, Va. [W. Va.]) 1849-1855, 1853-02-05
sOLEMNrzING MARRIAGES.

The Queries in the following arti-
Gle were propounded to us, not long
since, by.a friend, with u request that
we answer them. We preferred TAX
ing the opinion of counsel learned in
the law, und have been obligfngly ia-
vored, without fee or reward with
the following exhibit of the law on u
subject which may be interesting to a
number of our readers.
!Ques. /. Does a Minister, leaving
his denomination, carry with him his
authority to marry 7"
Ans. The lawwill be found in chap.
los, page Ago, sect. 4, of the Code of
Virginia, in these words:
When minister Of the Gospel
shall, before the court of any county
or corporation in this State, produce
proof Of his ordination, and Of has BE-
ing IN regular communion .oiA tie re:
Hgious society efwAicA he is a re1'uted
member, and give bonds in the penal
ty of fifteen hundred dollars, such
court may make an order authorising
him to celebrate the rites Of marriage"
This is the law as now existing. 1t
took effect on the LIST of July, 1850
1t is different in terms, but think not
in its purport and effect, from the act
of assembly at that time existing.
When the minister leaves his de.
nomination and goes into another, Of
course all his ministerial authority and
functions in the denomination that he
leaves, cease. He is no longer a mill
lister there. His ordination, and his
regular communion with the religi-
Gus society which he leaves, cease as
soon as he leaves that society. They
are extinct there, at least. Of course,
therefore, tho ordination and the
regular communion on which the
court predicated their 'ordcr author.
Using him to celebrate the rites of mar
rage do not now exist. His authority
is from a different ecclesiastical juris-
diction, and his communion is with
a different religious society The
Court have never had or considered
the proof of either the one or the
other as they now exist. His authority
on the records of the court does not
recognise him as a member of the
church to which he nor belongs, but
it describes him as a minister of de-
nomination to which he does not aop
belong. ....r. .. ro
I am, therefore, of'the opinion such
a minister has no authority to 'cele-
brate the rites Of marriage His IL
cense should be renewed in the name
of the religious society of which he
has become a member. ,......
It is quite probable that your en-
quiry may have reference to the law,
as it existed prior to the late Reyisal'
The present law took effect as AREA
dy stated, LIST July, 1850. Prior to
that time, and subsequent to 1919, the
law was as follows:
at shall and may be lawful for any
ordained minister of the Gospel, in
regular communion with any society
Of christians, and every such minister
is hereby authorised to celebrate the
rites of matrimony, according to the
forms and customs Of tie cAarcA to
sUhicA he Jeloags, &c. &C., &c.
"Prouided al,oays, that every such
minister shall first produce credentials
of his ordination, and also of his be-
ing in regular communion with the
christian society of which he is a re.
puted member, to the court of the
county or corporation wherein he re-
sides, &c, &C., &c., whereupon such
court is hereby required to graft such
minister a testimonialin the following
form, &c. &c. .. yaf s4s es
"This shall certify, to all whom it
may concern, that at court held fol-
--- on the = day of -, A. B. pro.
duced credentials of his ordination,
and also of his being in regular com
munion with the -- church, took
the oath, &c. &C.; and that he is there
by authorised to celebrate the rites Of
matrimony according to tAeJorass and
customs said Church, between any
persons to him regularly applying
therefor, within this state" R. Code
p. 3s4-5. .,.... E;ley r,a, .5
The words which l have italicised,
T .I.,,1, f..o1,o :. ,,or,, ~ al, tbot n min