The Law's Lumber Room (Second Series)Watt, Francis
History
The Law's Lumber Room (Second Series)
Watt, Francis
Law -- Great Britain
Last of all comes the Savoy. There, _The Public Advertiser_ of January
2, 1754, announced, marriages were performed “with the utmost privacy,
decency, and regularity, the expense not more than one guinea, the
five shilling stamp included. There are five private ways by land to
this chapel, and two by water.” The Reverend John Williamson, “His
Majesty’s Chaplain of the Savoy,” asserted that as such he could grant
licences; and despite the Act he went on coupling. In 1755 he married
the enormous number of one thousand one hundred and ninety; half the
brides being visibly in an interesting condition. The authorities,
having warned him time and again to no purpose, at last commenced
proceedings. But he evaded arrest by skipping over roofs and vanishing
through back doors, in a manner inexplicable to us to-day; and went
on issuing licences, while his curate, Mr. Grierson, did the actual
work at the altar. Grierson, however, was seized and transported for
fourteen years: then his chief surrendered (1756), stood his trial, and
received a like sentence; the irregular marriages both had performed
being declared of no effect.
What now were the amorous to do? Well, there were divers makeshifts.
Thus, at Southampton (_temp._ 1750), a boat was held ever ready to
sail for Guernsey with any couple able and willing to pay five pounds.
Ireland did not impress itself on the lovers’ imagination: it may be
that the thought of that gruesome middle passage “froze the genial
current of their souls.” But there was a North as well as a South
Britain; and--what was more to the purpose--the Scots marriage law
was all that heart could wish. Marriage (it held) is a contract into
which two parties not too young and not too “sib” might enter at any
time, all that was necessary being that each party clearly and in
good faith expressed consent. Neither writing nor witnesses, however
important for proof, were essential to a valid union. Not that the
Scots law, civil or ecclesiastical, favoured this happy despatch; but
the very punishment it imposed only tied the knot tighter. Couples of
set purpose confessed their vows, got a small fine inflicted, and
there was legal evidence of their union! Ecclesiastical discipline was
strict enough to prevent regularly instituted Scots ministers from
assisting at such affairs. But any man would do (for, after all, he was
but a witness), and the first across the Border as well as or better
than another. Now, by a well-known principle of international law,
the _lex loci contractus_ governs such contracts: the marriage being
valid in Scotland where it took place, was also recognised as valid in
England where its celebration would have been a criminal offence! This
was curiously illustrated early in the century by the case of Joseph
Atkinson. The Border, I must explain, had all along been given to
irregular marriages, and different localities in Scotland were used as
best suited the parties. Lamberton Toll Bar, N.B., lay four miles north
Public-domain text, read in full here on John Shaqi.
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