Here, then, a marriage contracted between French Jews, according to the
Jewish rites, was declared valid by the first court in the kingdom.
But, some years afterwards, the same question was decided differently in
another parliament, on the subject of a marriage contracted between two
French Protestants, who had been married in the presence of their
parents by a minister of their own communion. The Protestant spouse had,
like the Jew, changed his religion; and after he had concluded a second
marriage with a Catholic, the Parliament of Grenoble confirmed this
second marriage, and declared the first to be null.
If we pass from jurisprudence to legislation, we shall find it as
obscure on this important matter as on so many others.
A decree of the council, of Sept. 15, 1685, says: "Protestants may
marry, provided, however, that it be in the presence of the principal
officer of justice, and that the publication preceding such marriages
shall be made at the royal see nearest the place of abode of each of the
Protestants desirous of marrying, and at the audience only."
This decree was not revoked by the edict which, three weeks after,
suppressed the Edict of Nantes. But after the declaration of May 14,
1724, drawn up by Cardinal Fleury, the judges would no longer preside
over the marriages of Protestants, nor permit their banns to be
published in their audiences.
By Article XV. of this law, the forms prescribed by the canons are to be
observed in marriages, as well of new converts as of all the rest of the
king's subjects.
This general expression, "all the rest of the king's subjects," has been
thought to comprehend the Protestants, as well as the Catholics, and on
this interpretation, such marriages of Protestants as were not
solemnized according to the canonical forms have been annulled.
Nevertheless, it seems that the marriages of Protestants having been
authorized by an express law, they cannot now be admitted but by another
express law carrying with it this penalty. Besides, the term "new
converts", mentioned in the declaration, appears to indicate that the
term that follows relates to the Catholics only. In short, when the
civil law is obscure or ambiguous, ought not the judges to decide
according to the natural and the moral law?
Does it not result from all this that laws often have need of
reformation, and princes of consulting better informed counsellors,
rejecting priestly ministers, and distrusting courtiers in the garb of
confessors?
MARY MAGDALEN.