such dispensation from parochial proclamation to the Episcopalians.
Certain we are that the statute 10 Anne, cap. 7, confers no such
privilege; for though it _allows_ proclamation of banns to be made in
an Episcopal chapel, it at the same time enjoins, under a penalty, that
proclamation shall also be made "in the churches to which they belong
as parishioners by virtue of their residence;" and accordingly, in
practice, no Episcopalian marriage is ever celebrated without previous
proclamation of the banns in the parish church. We do not attribute
much importance to this error, though it is calculated to mislead
those who are not conversant with the law and practice of Scotland. We
were rather impressed, on reading the debate, with the circumstance,
that the old system of proclaiming by banns in the parish church was
denounced, and we therefore directed our attention the more closely to
the provisions of the bill, in order to discover the exact nature of
the new method by which it was to be superseded. The bill is singularly
ill-drawn and worded; but we comprehend it sufficiently to see that,
had it passed into law, regular marriages could have been contracted
under its sanction without any difficulty, and with no publicity at all.
The bill declares that henceforward marriage shall be contracted in
Scotland in one of the following modes, and not otherwise:--1st, By
solemnisation in presence of a clergyman; or, 2d, by registration, the
parties proposing so to marry appearing "in presence of the registrar,
and there and then signing, before witnesses, the entry of their
marriage in the register."
It is evident, however, that without some precaution for publicity,
the registrar's office would be as much a temple of Hymen as the
blacksmith's forge at Gretna-green, and accordingly, previous to
registration--that is, legal marriage--residence for fourteen days was
required; and, besides that, a written notice to the registrar, with
the names and designations of the parties, seven days previous to the
fated entry. A copy of such notice was to be affixed upon the door of
the parish church for one Sunday, and this was to be the whole of the
publication. Notwithstanding this, if the registrar chose to take the
risk of a penalty, and allow the parties to sign the register without
their having proved their residence or given notice of their intention,
the marriage was, nevertheless, to be valid and effectual.
Public-domain text, read in full here on John Shaqi.
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