History of the settlement of Upper Canada (Ontario,): with special reference to the Bay QuintéCanniff, William
History
History of the settlement of Upper Canada (Ontario,): with special reference to the Bay Quinté
Canniff, William
Ontario -- History; Quinte, Bay of (Ont.)
It was further enacted, “That until there shall be five parsons or
ministers of the Church of England, doing duty in their respective
parishes in any one district,” persons “desirous of intermarrying with
each other, and neither of them living within the distance of eighteen
miles of any minister of the Church of England, may apply to any
neighbouring Justice of the Peace,” who should affix in some public
place, a notice, for which he should receive one shilling, and no more.
The purport of the notice was that A. B. and C. D. were desirous of
getting married, and there being no parson within eighteen miles, if any
person knew any just reason why they should not be married, should give
notice thereof to such magistrate. After which a form of the Church of
England was to be followed, but should a minister reside within eighteen
miles of either parties the marriage was null and void.
It is related that these notices of marriage were often attached to
trees by the road side, and as it was considered desirable in those days
to keep intending marriages secret, not unfrequently the intending
parties would watch and remove the notice which had been put up.
In the year 1798, an Act was passed to extend the provisions of the
first Act, which provided that “it shall be lawful for the minister of
any congregation or religious community of persons, professing to be
members of the Church of Scotland, or Lutherans, or Calvinists” to marry
according to the rights of such church, and it was necessary that one of
the persons to be married should have been a member of the particular
church six months before the marriage. The clergyman must have been
regularly ordained, and was to appear before six magistrates at quarter
sessions, with at least seven members of his congregation, to prove his
office, or take the oath of allegiance. And then, if the dignitaries
thought it expedient, they might grant him a certificate that he was a
settled minister, and therefore could marry, having published the
intended marriage upon three Sundays previous.
In November, 1818, a brief act was passed to make valid the marriages of
those who may have neglected to preserve the testimony of their
marriage.
In the year 1821, an act was passed “for the more certain punishment of
persons illegally solemnizing marriage, by which it was provided, that
if persons, legally qualified to marry, should do so without the
publication of banns, unless license be first had, should be guilty of a
misdemeanor.”
Public-domain text, read in full here on John Shaqi.
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