Memoirs of the Reign of King George the Second, Volume 1 (of 3)Walpole, Horace
History
Memoirs of the Reign of King George the Second, Volume 1 (of 3)
Walpole, Horace
Great Britain -- History -- George II, 1727-1760
The abuse of pre-contracts had occasioned the demand of a
remedy--the physician immediately prescribed medicines for every
ailment to which the ceremony of marriage was or could be supposed
liable! Publication of banns was already an established ordinance,
but totally in disuse except amongst the inferior people, who did
not blush to obey the law. Persons of Quality, who proclaimed every
other step of their conjugation by the most public parade, were
ashamed to have the intention of it notified, and were constantly
married by special licence. Unsuitable matches in a country where
the passions are not impetuous, and where it is neither easy
nor customary to tyrannize the inclinations of children, were
by no means frequent: the most disproportioned alliances, those
contracted by age, by dowagers, were without the scope of this
Bill. Yet the new Act set out with a falsehood, declaiming against
clandestine marriages, as if they had been a frequent evil.
The greatest abuse were the temporary weddings clapped up in the
Fleet, and by one Keith,[229] who had constructed a very Bishopric
for revenue in Mayfair, by performing that charitable function for
a trifling sum, which the _poor_ successors of the Apostles are
seldom humble enough to perform out of duty. The new Bill enjoined
indispensable publication of banns, yet took away their validity,
if parents, nay, if even guardians, signified their dissent,
where the parties should be under age--a very novel power!--but
guardians are a limb of Chancery! The Archbishop’s licence was
indeed reserved to him. A more arbitrary spirit was still behind:
persons solemnizing marriages, without these previous steps, were
sentenced to transportation, and the marriage was to be effectually
null--so close did congenial law clip the wings of the prostrate
priesthood! And as if such rigour did not sufficiently describe
its fountain and its destination, it was expressly specified,
that where a mother or a guardian should be _non compos_, resort
might be had to the Chancellor himself for licence. Contracts and
pre-contracts, other flowers of ecclesiastic prerogative, were
to be totally invalid, and their obligations abolished: and the
gentle institution was wound up with the penalty of death for all
forgeries in breach of this statute of modern Draco. Quakers,
Jews, and the Royal Family had the only toleration.
May 14th.--The Bill came down to the Commons. Nugent took it to
pieces severely and sensibly, pointed out the impropriety of it
in a commercial nation, and the ill-nature and partiality of
the restrictions. He showed himself a great master of political
disquisitions, and it seemed that a desire of displaying that
learning was the sole cause of any opposition to the Bill. This was
all that passed material the first day, and the Bill was read on a
majority of 116 to 55.
Public-domain text, read in full here on John Shaqi.
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