"Yaas, he is very objectionable. But you are referring to the poet. He
was referring to the jurist. The jurist wrote a very fine book. Let me
quote a passage from it. 'It is the present and perfect consent the
which alone maketh matrimony, without either solemnisation or'--here,
Dunwoodie, skipping the frank old English, substituted--'or anything
else, for neither the one nor the other is the essence of matrimony, but
consent only. Consensus non concubitus facit matrimoniam.' Hum! Ha! In
other words, whether marriage is or is not contracted in facie ecclesiae,
it is consent alone that constitutes its validity. You understand
Latin?"
Cassy laughed. "I dream in it."
Dunwoodie laughed too. "Pleasant dreams to you always. But what I have
quoted was the common law, and so remained until altered by the Revised
Statutes, with which no doubt you are equally familiar."
Cassy smoothed her frock. "I was brought up on them."
"I don't need to tell you then that when adopted here they provided that
marriage should be a civil contract. In so providing, they merely
reaffirmed the existing common law. Subsequently, the law was changed.
The legislature enacted that a marriage must be solemnised by certain
persons--ecclesiastic, judicial or municipal--or else, that it should be
entered into by written contract, which contract was to be filed in the
office of the town clerk. Coincidentally the legislature prohibited any
marriage contracted otherwise than in the manner then prescribed."
That morning Cassy had been to an agent, a saponacious person with a
fabulous nose. At the moment the nose was before her. She was wondering
whether it would scent out for her an engagement.
"However," Dunwoodie, twisting the edge of his towel, continued,
"various amendments were afterward adopted and certain sections
repealed. Among the latter was the one containing the prohibition which
I have cited. In my opinion, it was not the intention of the legislature
to repeal it. Yet, however that may be, repealed it was. Since then, or,
more exactly, a few weeks ago, the enactments regarding the manner in
which marriage must be solemnised were held to be not mandatory but
directory, the result being that the law originally prevailing has now
come again into operation, common-law marriages are as valid as before
and----"
Here Dunwoodie flaunted the towel.
"And you are Mrs. Paliser."
Of the entire exposition, Cassy heard but that. It ousted the agent and
his fabulous nose. She bristled.
"I can't be. I don't want to be. You don't seem to see that the
clergyman was not a clergyman at all. He was one of the help there. I
thought I told you. Why, there was not even a license! That man said he
had one. It was only another of the whimsicalities that took me in."
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account