The Law's Lumber Room (Second Series) — John Shaqi
The Law's Lumber Room (Second Series)Watt, Francis
History
The Law's Lumber Room (Second Series)
Watt, Francis
Law -- Great Britain
“The fear of the Lord is the beginning of wisdom. The marrying in the
Fleet is the beginning of eternal woe.” So scribbled (1736) Walter
Wyatt, a Fleet Parson, in one of his note-books. He and his likes are
long vanished, and his successor the blacksmith priest (in truth he was
neither one nor other) of Gretna is also gone; yet their story is no
less entertaining than instructive, and here I set it forth.
Some prefatory matter is necessary for the right understanding of
what follows. Marriage, whatever else it may or may not be, is a
contract of two consenting minds; but at an early age the church put
forth the doctrine that it was likewise a sacrament which could be
administered by the contracting parties to each other. Pope Innocent
III., in 1215, first ordained--so some authorities say--that marriages
must be celebrated in church; but it was not yet decreed that other
and simpler methods were without effect. According to the canon law,
“espousals” were of two kinds: _sponsalia per verba de præsenti_--which
was an agreement to marry forthwith; and _sponsalia per verba de
futuro_--which was a contract to wed at a future time. Consummation
gave number two the effect of number one, and civilly that effect was
the same as of duly celebrated nuptials; inasmuch as the church, while
urging the religious ceremony upon the faithful as the sole proper
method, admitted the validity of the others--_quod non fieri debit
id factum valeat_ (so the maxim ran). The common law adopting this,
held that (1) marriage might be celebrated with the full rites of the
church; or (2) that the parties might take each other for man and
wife; or (3), which obviously followed, that a priest might perform
the ceremony outside the church, or without the full ceremonial--with
maimed rites, so to speak. Whatever penalties were incurred by
following other than the first way the marriage itself held good.
Public-domain text, read in full here on John Shaqi.
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