The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1909-12-09
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A GOOD OLD LAW

The recent discussion of the great
increase in divorce in this country
has resulted in widely varying sug-
gestions looking toward reform, but
many of the most competent students
of the matter declare that it is not
so much the divorce laws that are at
fault as those relating to marriage.
Not all divorces but a considerable
proportion Of them are merely the
natural result of hasty and i'll advised
marriages that never ought to have
been consummated.
AS society is now constituted it is
of course impossible to prevent Ill as
sorted marriages, but not a few of
them would never be were there a
proper publicity of the intent to mar
ry. No longer ago than last winter
the Vermont legislature, with scanty
consideration, turned down a bill pro
viding for a small degree of publicity
of intended marriages.
II may nOb DG 6tnOl any hlAOMt bub
a similar law was in force in Yer
mont for many years, being in fact
repealed within the memory of aged
men now living. In those old days,
too, divorce was not nearly/so COM
mon as now, though the divorce law
was fully as liberal as today. 1t is
not likely that the law compelling
publicity of marriage intent was the
sole reason for fewer divorces, but it
undoubtedly had some influence and
a return to some similar plan is we'll
worth trying.
Vermont's original law on the sub
ject required eight days publicity of
marriage intent. This law was pass
ed by the state legislature in session
at Bennington in February, 1879,
while Vermont was an Independent
republic and the law remained in
force with slight changes for nearly
so years. This old marriage law was
as follows:
Be it enacted, and it is hereby en-
acted, by the Representatives of the
freemen of the State of Vermont, in
General Assembly met, and by the
authority of the same, that no man
and woman shall be joined together
in marriage before the purpose or in
tention of such marriage has been
published in the respective towns
where the persons do ordinarily be-
long or reside, by the town clerk or
clerks of such town or towns at least
eight days before such marriage is
consummated; nor shall any such
persons be joined together, before
they arrive to lawful age; that is to
say, male person to the age of
twenty-one years and a female person
to the age of eighteen years, without
leave first obtained from the parents
(if living or the master or masters,
or guardians of such person.
Any person that shall presume to
join any man or woman together in
marriage, before he is certified that
such purpose of marriage has been
published as aforesaid, and if minors,
without consent as aforesaid, shall
forfeit and pay to the treasurer of the
county where the offence is commit
ted, the sum of fifty pounds, to be re-
covered by bill, plant, or informa
ton.
And that no person whatsoever in
this state, other than the Governor,
Deputy Governor. members of the
Council, Judges of superior and infer
ior courts, Justices of the peace in
their respective counties, settled min
listers of the gospel in their respec
tive towns, and during the time of his
or their ministry in such town or
towns, shall join any persons in mar
riage, on penalty of FORGETTING the
sum of twenty pounds, to be recover
ed and appropriated as aforesaid, and
suffer Imprisonment, not exceeding
twelve months.