The Middlebury register and Addison County journal. [volume] (Middlebury, Vt.) 1883-1885, 1885-03-20

DIVORCE laws are often discussed in
the public prints and courts and lcgisla-
lures censured for making divorces easy.
There may be measure of Justice in
these structures but il is equally clear
that there would be fewer applications
for divorce if greater care were taken by
those who soemlize marriage. Here
are some nintS on this point, given by
NJ. +. J. Phelps of Burlington in "A lee
ture before the students of the Yale col
lege Divinity school;
There are few legal safeguards,
where there ought to be more, surround
ing the ceremony of marriage. A mar
riage license is sometimes required, but
lack of ii does not vitiate the marriage
The penalty for violation usually falls
on the clergyman. The public have a
right to require that they shall be fur
nished with certain evidences as to every
marriage, The law sometimes requires
publication of banns or of intention. 1t
also sometimes requires that the clergy
man shall keep a record Of marriages
himself. or deliver it for filing in a desig-
mated public office. Whatever the re-
quirements of the law may be. they
should be carefully observed 1t is also
wise for every clergyman to provide
himself with record evidence of every
marriage he solemnizes, even if the law
does not require it, IT is often important
for the vindication of the rights of par
ties concerned. and often 10 he Vindca-
ton of the minister himself. The Eng
fish law requires that the parties sub
scribe their names to the record of the
officiating minister. As matter of pru-
dence this should always be done. even
though not legally required. As to the
marriages which may be celebrated The
parties must be of sufficient age, fourteen
for the male, twelve for the female, by
the common law. They must be sane
they must be unmarried. and not related
within the prohibited degrees. A repre-
sentatiOn that marriage ceremony was
merely a formal engagement was held
fraud in Vermont. In some States con-
sent of parents is required when parties
are under a certain age. But when the
parties are over the required age. OF
where no such law prevails, the minister
should proceed with caution in a certain
class of cases. There is no obligation OF
law compelling you to perform the cere-
mOny. In every case OF proposed mar
rage lIldJ pears JIle appearance OF being
secret, or with undue haste, the clergy
man should beware. A secret marriage
can rarely be justified. There is a dis
tinction between a secret and privat,
marriage. Care should be taken will
hasty marriages and marriages at unsea
sonable hours. Such marriages by tn,
English law are guarded against Every
marriage there must be solcmniZed in
church except by special permission
Banns must be published; the ceremony
must be before twelve o'clock. noon. !
proposed private marriage may be at
tended with obvious disparity of age o
condition between the parties. Circum
stances may indicate that something
wrong. Thousands of marriages hav
been celebrated when a word to the fool
ish or misguided girl by the ministe
would have saved her from ruin. A clel
gyman is lacking in the very highes
duty in regard to that sacred ceremon
who does not inform himself, so far a
he can, regarding the circumstances of
proposed private marriage. Want q
consent of parents in the case of youn
girl should always occasion inquiry
Delay and wise counsel may prove mos
salutary.