A History of Matrimonial Institutions, Vol. 2 of 3Howard, George Elliott
History
A History of Matrimonial Institutions, Vol. 2 of 3
Howard, George Elliott
Families; Marriage -- History
The assembly rested from further matrimonial legislation until
the passage of the act of 1766, already mentioned, which gave
some relief to the Presbyterians, but not to any other dissenting
body. Aside from the greed for the marriage fees, the principal
motive leading to its passage was not justice, as will presently
appear, but a desire to reward and strengthen the sympathy of
the Presbyterians for the government in its struggle with the
Regulators. The preamble of the act recites that because "the
presbyterian, or dissenting clergy, conceiving themselves not
included in the restrictions mentioned" in the act of 1741, have
"joined many persons together in holy matrimony, without either
licence or publication; whereby the payment of the just and legal
fees to the governor on such occasions, has been eluded, and the
validity of marriages may be endangered:" therefore all such
marriages now celebrated or to be celebrated before the first day
of January next are declared valid. Henceforth no minister of the
Church of England or justice of the peace may celebrate marriage
without a certificate of three times publication of banns, or
a license from the governor or the commander in chief, "who is
authorized hereby to grant the same, on certificate of the county
court" of the person's "having taken and filed ... the usual bond,"
under the "penalty of fifty pounds, proclamation money; with
condition that there is no lawful cause to obstruct the marriage
for which such license is given." Presbyterian missionaries or
itinerants in the western parishes, as well as all other dissenters
in the province, are in effect excluded by the provision that
after January 1 any Presbyterian minister regularly called to any
congregation in this province may celebrate matrimony "in their
usual and accustomed manner." But in all cases a license from the
governor is requisite; and the marriage fee, it is carefully added,
is always reserved to the clergyman of the Church of England having
cure of any parish, no matter whether a dissenting minister or a
justice performs the ceremony. Furthermore, a marriage celebrated
without a license is declared "illegal and void."[779]
[Footnote 779: IREDELL-MARTIN, _op. cit._, I, 157, 158; DAVIS,
_Revisal_ (ed. 1773), 350.
"It was proposed to limit this law to three years, which was not
done. It provided for no Dissenters _except_ Presbyterians. But
it seems that the original intention was to cover the case of
all Dissenters. The second section probably read 'dissenting _or
of the dissenting Presbyterian clergy_.' The clause in italics
was stricken out and the phrase 'dissenting or Presbyterian
clergy' took its place, thus excluding all Dissenters except
Presbyterians."--WEEKS, _op. cit._, 245 n. 2; _cf._ _N. C. Col.
Rec._, VII, 411, 329, 331.]
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