Churchwardens' Manual: their duties, powers, rights, and privilages — John Shaqi
Churchwardens' Manual: their duties, powers, rights, and privilagesSumner, George Henry
Religion
Churchwardens' Manual: their duties, powers, rights, and privilages
Sumner, George Henry
Church maintenance and repair; Church of England
Questions are so often put to me as to the relation existing between
district parishes and the mother Church, that it may be useful if a few
points are mentioned with respect to which difficulties occasionally
arise. The preliminaries of marriage and the solemnization of the rite
itself are a fruitful source of difficulty. They have however, as a
matter of fact, been set at rest by a decision in the Court of Queen's
Bench, in the case of Fuller _v._ Alford, before Mr. Justice Cave and Mr.
Justice Day, which affects all new parishes hitherto created, or that may
hereafter be created, under the Peel and Blandford Acts. The question at
issue was as to the right of the inhabitants of a district parish to have
their banns published and to be married in the Church of the mother
parish, and as to the right of the Incumbent of the mother parish to
publish the banns, solemnise the marriage, and receive the fees for the
same in the case of residents in the district parish. The case is fully
reported in the _Times_ of March 9th, 1883. Mr. Justice Cave, in giving
judgment for the Plaintiff, said that the Act of 1843 as well as that of
1856 (the words of the latter being clearer than those of the former)
made the district a new parish for all ecclesiastical purposes, and banns
of marriage might be published and marriages solemnized, and all the laws
and customs then relating to them would apply to the new parish, the
effect of which was that the banns must be published in the Church of the
new parish. Though recent legislation had brought into prominence the
civil character of the marriage contract, and had enabled it to be
entered into before a Registrar, still he had no doubt that the
solemnization of matrimony in a Church was within the words
"ecclesiastical purposes." The inhabitants therefore of a district
parish have no more right to have their banns asked or their marriage
solemnised in the mother Church than they have in any other Church in
England, so long as they reside in that district.
Public-domain text, read in full here on John Shaqi.
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