Blackwood's Edinburgh Magazine, Volume 61, No. 379, May, 1847Various
History
Blackwood's Edinburgh Magazine, Volume 61, No. 379, May, 1847
Various
England -- Periodicals; Scotland -- Periodicals
entry thereof in manner herein prescribed during the period of two
months thereafter, shall be liable in a penalty of fifty pounds, and in
default of payment thereof to suffer imprisonment for one month."
We cannot help thinking that the Registration Bill, from which we have
just quoted, has been framed without any view to the purpose which its
machinery is to serve under the Marriage Bill, of not merely registering
a marriage otherwise constituted, but also of actually constituting the
marriage that is to be registered. There is a gap apparently left
between the two Bills, and at least there is something that appears very
blank and meagre in the provision made for extra-ecclesiastical
marriages to be contracted in the registrar's presence. We presume that
this officer is not to judge what ceremony or declaration shall
constitute a marriage; if he were to do so new difficulties would arise:
but we take it for granted that if asked by the contracting parties to
register them as married persons, the registrar must immediately obey,
when the entry will of itself marry them, whether they were married or
not before.
There is certainly something startling in a system of registration which
does not precisely settle the antecedent matter on which it is to act;
and it is still more singular to consider mere registration as
constituting in itself the very thing that is to be registered. But it
seems to be so written in the Bill before us.
Various other observations will occur as to the imperfect structure of
the two Acts thus taken in connexion; but we pass over these minor
matters to point out the characteristic principles of this measure, and
the consequences which we think it involves.
It will be seen, first, that it declares marriage to be constituted by
mere registration to all effects and purposes, so that two parties thus
entered in the register, are conclusively and irrevocably united by that
simple fact. Second, that it professes no preference, and shows no
favour for ecclesiastical marriages over those constituted by simple
contract or mere registration, the old-fashioned mode of solemnising,
them by a clergyman being merely saved from abolition, but shorn of all
its privileges, and left, as it were, to die out in due time. Third,
that in registration marriages, no proclamation of banns is required,
and no notice of any kind is given to the public, nor any interval for
deliberation forced upon the parties. Fourth, that no locality is
assigned within which the parties may thus marry by registration, it
being competent apparently to carry out the arrangement in any district
however distant from their ordinary abode, by requiring, in a somewhat
Irish fashion, "the registrar of the subdistrict within which such
marriage HAS BEEN contracted to attend _at the contraction_."
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