The Church: Her Books and Her SacramentsHolmes, E. E. (Ernest Edward)
Religion
The Church: Her Books and Her Sacraments
Holmes, E. E. (Ernest Edward)
Church of England; Sacraments -- Church of England
One question remains: Is not the present Divorce Law "one law for the
rich and another for the poor"? Beyond all question. This is its sole
merit, if merit it can have. It does, at least, partially protect the
poor from sin-made-easy--a condition which money has bought for the
rich. If the State abrogated the Sixth {116} Commandment for the rich,
and made it lawful for a rich man to commit murder, it would at least
be no demerit if it refused to extend the permit to the poor.
(2) _The Non-Related_.
But, secondly, marriage is for the non-related--non-related, that is,
in two ways, by Consanguinity, and Affinity.
(_a_) By _Consanguinity_. Consanguinity is of two kinds, lineal and
collateral. _Lineal_ Consanguinity[7] is blood relationship "in a
_direct_ line," i.e. from a common ancestor. _Collateral_
Consanguinity is blood relationship from a common ancestor, but not in
a direct line.
The law of Consanguinity has not, at the present moment, been attacked,
and is still the law of the land.
(_b_) By _Affinity_. Affinity[8] is near relationship by marriage. It
is of three kinds: (1) _Direct_, i.e. between a husband and his wife's
blood relations, and between a wife and her husband's blood relations;
(2) _Secondary_, i.e. between a husband {117} and his wife's relations
by marriage; (3) _Collateral_, i.e. between a husband and the relations
of his wife's relations. In case of Affinity, the State has broken
faith with the Church without scruple, and the _Deceased Wife's Sister
Bill_[9] is the result. So has it
brought confusion to the Table round.
The question is sometimes asked, whether the State can alter the
Church's law without her consent. An affirmative answer would reduce
whatever union still remains between them to its lowest possible term,
and would place the Church in a position which no Nonconformist body
would tolerate for a day. The further question, as to whether the
State can order the Church to Communicate persons who have openly and
deliberately broken her laws, needs no discussion. No thinking person
seriously contends that it can.
(3) _For the Full-Aged_.
No boy under 14, and no girl under 12, can contract a legal marriage
either with, or without the consent of Parents or Guardians. No man
{118} or woman under 21 can do so against the consent of Parents or
Guardians.
(IV) WHAT ARE ITS SAFEGUARDS?
These are, mainly, two: _Banns_ and _Licences_--both intended to secure
the best safeguard of all, _publicity_. This publicity is secured,
first, by Banns.
(1) _Banns_.
The word is the plural form of _Ban_, "a proclamation". The object of
this proclamation is to "ban" an improper marriage.
In the case of marriage after Banns, in order to secure publicity:--
(1) Each party must reside[10] for twenty-one days in the parish where
the Banns are being published.
(2) The marriage must be celebrated in one of the two parishes in which
the Banns have been published.
{119}
Public-domain text, read in full here on John Shaqi.
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