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
Now we think it can require little argument to show that a system of
this kind, introduced as the basis of _the marriage law of the land_,
is, as has been predicted, much more likely to prove a bane than a
blessing. Marriage is undoubtedly a civil contract, but in all
enlightened Christian countries it has been looked upon as a solemn
engagement, over which the church ought to preside, in order duly to
impress the contracting parties with the religious origin from which it
sprung, with the religious duties which it involves, and with the
religious sanctions by which those duties are guarded. Considered as the
foundation of society itself, as the source of all pure and kindly
affections, as the introduction to the parental as well as to the
conjugal relation, it is impossible that it can be lightly treated or
hurried over as a matter of mere routine or ordinary business, without
lowering its character, and weakening its obligations, and relaxing
generally the moral tone of the community.
That under such a system, also, facilities must be given for the hasty
contraction of imprudent or improper marriages, is too obvious to be
pointed out. A transient resolution, a half frolic, a moment's
submission to undue influence, may at once and for ever create the
status of matrimony by the simple act of registration, from which there
is to be no room for repentance or escape.
But we shall be told that these evils are not introduced for the first
time by the present Bill, but already exist in their full extent under
the common law. If this were the case, it would be a serious objection
to the Bill, that while it professed to amend the law, it left such
evils untouched. But on further examination, it will be found that the
mischievous consequences to which we have alluded are wholly or almost
wholly unknown under the law as now existing, and will either be called
into operation by the present Bill, if it should pass into an Act, or
will be fearfully aggravated by such a measure.
In the first instance, it must be observed that the law as it stands
gives _no countenance_ and _no facility_ to extra-ecclesiastical
marriages. It tolerates but it does not give the sanction of its
approval to them. On the contrary, it considers them to be irregular and
contrary to good order, and it provides punishment for those who
celebrate or engage in them. The present act places them on an entirely
new footing. It makes them part and parcel of the statute law. It
provides a machinery and pays an officer, according to a settled and
moderate tariff, for actually carrying through those summary connexions
hitherto deemed irregular, but which can now be deemed irregular no
longer. This change of itself involves a serious danger.
Public-domain text, read in full here on John Shaqi.
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