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
Whatever is left to depend on consuetudinary law, will derive its
character from the feelings of the people, among whom the law has been
formed and preserved. The one custom, in its growth and progress, is
checked and qualified by others of an opposite and counteracting
tendency. As matters now stand in Scotland, marriages celebrated without
the presence of a clergyman, or without the proclamation of banns,
though held to be valid, are denounced as irregular and improper. All
the feelings of the people are against them. No one, with any remains of
decent pride, or a sense of propriety, would contract marriage in that
way; and such a step would infer a loss of social position and
respectability, even in the humblest ranks of life.
But, how long would this feeling last under the new bill? Could we rely
on its continuance in reference to marriages, which can no longer be
called contraband or clandestine, which are recognised and regulated by
an Act of Parliament, as being on an equal footing with marriages _in
facie ecclesiae_, and which are henceforward to be performed by a
statutory officer, intrusted with important and honourable duties? Are
we sure that a change in this respect would not soon come over all but
the very best among us; and at least that many thoughtless, and rash,
and presumptuous persons, might not give to the registrar's book a
position somewhat approaching to the clergyman's benediction? The
statute is a clear and intelligible warrant for such a feeling, and may
be cited as lending _a stamp and currency_ to unclerical marriages,
which they do not possess at present, but which it would afterwards be
difficult to deny them.
If this change of opinion or practice takes place, and the framers of
this bill cannot wonder or find fault if such a result should follow,
let us consider what a safeguard would in that way be removed, and how
deeply the national character might in time be deteriorated. At present,
besides other obstacles and drawbacks, to be immediately noticed, there
exists a strong barrier against irregular marriages in their
disreputable character. The stigma that attaches to them, _both in law
and in fact_, deters all but the licentious from resorting to them. But
let this reluctance once be diminished, and we cannot fail to see that
extra-ecclesiastical marriages will be more frequent, particularly under
the facilities afforded by this bill, and a wide opening will be made
for the admission of all the evils attending them. The bill will thus
have a double operation of a detrimental kind, first by removing the
legal and moral objections to the marriages now called irregular, and
next by providing the means of easily and safely contracting those
marriages, by converting the registrar into _a marrying officer_, and,
as has been truly said, establishing a popular Gretna-green in every
parish.
Public-domain text, read in full here on John Shaqi.
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