No. 5. XIX. And be it further enacted by the Authority aforesaid, 26 Geo. I c. 33 That this Act shall be publickly read in all Parish Churches and This Act to be publick Chapels, by the Parson, Vicar, Minister or Curate of the Churches and pub. respective Parishes or Chapelries, on some Sunday immediately after Morning Prayer, or immediately after Evening Prayer, if there shall read in all Parish Lck Chapels. With Respect to the actual Law of Ireland, it is expressly provided, by Stat. 21 and 22 Geo. III. c. 25, that Marriages between Protestant Dissenters, solemnized by Dissenting Ministers or Teachers, shall be valid. The Acts of the Irish Parliament, containing Provisions against the Marriage of Protestants with Catholics, or Protestants with Protestants, by any Popish Priest, acknowledge, by necessary Implication, the Validity of such Marriages between Catholics.-See 1 Gabbett, 410-411. In the late Case of Dalrymple v. Dalrymple, before the Consistory Court of London, and afterwards before the Delegates, for Restitution of Conjugal Rights, Evidence was given of the Law of Scotland, by the principal Lawyers of that Country, upon regular Depositions.-See the Report of the Case by Dr. Dodson. In the Case of the King and the Inhabitants of Brampton, 10 East, 282, a British Soldier in Saint Domingo being desirous of marrying the Widow of another Soldier there, they went to a Chapel where the Ceremony was performed by a Person appearing as a Priest, and officiting as such, the Service being in French, but interpreted into English by one who officiated as Clerk, and which was understood to be the Marriage Service of the Church of England, after which there was a Cohabitation of several Years. The Court of Quarter Sessions thought, upon a Question of Settlement, that this was not sufficient Evidence of a legal Marriage ;-but fortunately, not considering it as a Case affected by the Hints so often thrown out to that Tribunal, of the Confidence which they ought to entertain in their own Opinion, they stated a Case for the Opinion of the Court of King's Bench, Bench, who considered that there was sufficient Evidence of a good Marriage either according to the Law of England or according to the Law of the Country where it took Place.-The Case contains some important Information respecting the Doctrine of Marriages per verba de præsenti, previous to this Statute, for the Validity of which it appears that the Presence of a Clergyman was requisite; but that a Marriage by a Roman Catholic Clergyman was sufficient. One of the Mischiefs against which the Act was intended to provide, was the establishing Officers in the Fleet and other Places for the Celebration of Clandestine Marriages. Books have been preserved of the Entries of such Marriages, but from the many fabricated Entries which they have been found to contain, different Judges have refused to receive them in Evidence, but they were admitted by Mr. Justice Heath in Pasingham v. Lloyd at Shrewsbury Assizes, 1794. See Peake's Evidence, 89. In Cooke v Lloyd, Append. ibid. 74. Mr. Justice Le Blanc refused to receive such an Entry in Evidence, as being no more than a private Memorandum made by Somebody who had no Authority to make it, and who might put down any Thing he pleased, whether true or false. But it is observable, that in none of these Cases the Question was carried farther than the Court of Nisi Prius-and the Case of Lloyd and Passingham coming before the Court of Chancery after an Interval of Fourteen Years upon some Grounds for imputing actual Forgery to the particular Entry in that Case, the Loid Chancellor considered the general Question as one which was still open. See 16 Vesey, 59. Considering the State of the Law before the passing of the Act, it certainly does not seem desirable in the Nature of the Thing to exclude a Species of Evidence which would continually result from and accompany the actual Occurrence of the Fact recorded, and any Experience of improper Practices with Respect to the Custody and Management of the Books at a particular Place, would hardly seem sufficient to prevent the Admissibility of the Evidence whatever Cautions it might reasonably suggest with Respect to its Credibility. Many Doubts have been entertained of the Policy and Justice of this Act, as giving an undue Weight to Parental Authority; and an unsuccessful Attempt was made in 1781 to Repeal it. Mr. Burke's Speech against the No. 5. be no Morning Service on that Day, in each of the Months of September, October, November, and December, in the Year of our 26 6eo. II. c. 33. Lord One Thousand Seven Hundred and Fifty-three, and afterwards at the same Times, on four several Sundays in each Year, (that is to say,) The Sundays next before the twenty-fifth Day of March, twenty-fourth Day of June, twenty-ninth Day of September, and twenty-fifth Day of December respectively, for two Years, to be compated from and immediately after the first Day of January, in the said Year One Thousand Seven Hundred and Fifty-four. Repeal, contained in his Works, vol. 9. 8vo. 135, is a very satisfactory and able Vindication of the Act. Considering the Motives which usually lead to an lafraction of this Act, and the Opinions manifested by the Laws of almost all Countries, in Favour of giving to Parents an Interposition with Respect to the Marriage of their Children under a certain Age, I conceive it would be desirable that Provisions should be made for rendering it effectual. For this Purpose it may not be improper to require that every Direction for the Publication of Banns, should specify the Ages of the Parties, their particular Habitation, their Parentage and other proper Requisites; and that some authentic Testimony should be given to the Minister of the Particulars certified: and that upon Marriage by Licence, the Documents should specify the Time and Place of the Birth of the Parties, confirmed by Registers or other suitable Certificates, of that the Officer should have some other authentic Testimony of their being of the requisite Age; and that all such Consents as are required by Law, should be registered with the other Documents necessary for obtaining the Licence. The Exemption of Marriages in Scotland being subject to such great Abase, it would be an easy Remedy to prohibit all such Marriages as are at present irregular, and as such subject to Punishment. This would have the Effect of preventing an Engagement, in the Certainty of which so many Interests may be involved from depending upon the Precariousness of verbal Evidence, and would also prevent a Party from being involved by Presumptions in an Engagement which it was never his intention to contract. It might be of some public Benefit in facilitating the Evidence of Marriages after the Death of the Parties, if a particular Part of the Parish Registers were appropriated to the Entry of Minutes of Reference respecting Marriages con tracted elsewhere. By an Act of the Irish Parliament, 9 Geo. II. c. 11. Marriages are prohibited of Minors, without the Consent, in Writing, of the Father or Guardan, or, in Case no Guardian is appointed, of the Lord Chancellor, if either of the Parties is entitled to a real Estate of the Value of £100 per Annum, or a personal Estate of the Value of £500,-or if either of the Parents of the Minor is entitled to a real Estate of the Value of £100 per Annum, or a personal Estate of the Value of £2000; but if no Suit is instituted by the Father or Guardian, or a Person appointed by the Lord Chancellor, for the Purpose of annulling the Marriage, within one Year after it is contracted, it is to be deemed good. By Stat. 23 Geo. II c. 10, Ir. Provisions are made for the Removal of certain Difficulties with Respect to such Suits.-See 1 Gabb. 404. 12 Geo. III. c. 11. No Descendant of Geo. II. (other than, &c.) cupable of contracting Matrimony without Consent, &c. No. 6. 12 Geo. III. c. 11.-An Act for better regulating the future Marriages of the Royal Family. Most Gracious Sovereign, WHE THEREAS your Majesty, from your Paternal Affection to your own Family, and from your Royal Concern for the fu*ture Welfare of your People, and the Honour and Dignity of your ⚫ Crown, was graciously pleased to recommend to your Parliament to take into their serious Consideration, Whether it might not be wise and expedient to supply the Defect of the Laws now in being, and, by some new Provision, more effectually to guard the Descendants of his late Majesty King GEORGE the Second (other than the Issue of Princesses who have married, or may hereafter marry, into Foreign Families) from marrying without the Approbation of your Majesty, 'your Heirs or Successors, first had and obtained; we have taken this weighty Matter into our serious Consideration; and, being sensible that Marriages in the Royal Family are of the highest Importance to the State, and that therefore the Kings of this Realm have ever been entrusted with the Care and Approbation thereof; and being thoroughly convinced of the Wisdom and Expediency of what your Majesty has thought fit to recommend, upon this Occasion, we, your Majesty's most dutiful and loyal Subjects the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, 'do humbly beseech your Majesty, that it may be enacted;' and be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That no Descendant of the Body of his late Majesty King GEORGE the Second, Male or Female, (other than the Issue of Princesses who have married, or may hereafter marry, into Foreign Families) shall be capable of contracting Matrimony without the previous Consent of his Majesty, his Heirs or Successors, signified under the Great Seal, and declared in Council (which Consent, to preserve the Memory thereof, is hereby directed to be set out in the Licence and Register of Marriage, and to be entered in the Books of the Privy Council); and that every Marriage, or Matrimonial Contract, of any such Descendant, without such Consent first had and obtained, shall be null and void, to all Intents and Purposes whatsoever. II. Provided always, and be it enacted by the Authority aforesaid, That in case any such Descendant of the Body of his late Majesty King GEORGE the Second, being above the Age of Twentyfive Years, shall persist in his or her Resolution to contract a Marriage disapproved of, or dissented from, by the King, his Heirs or Succes sors; that then such Descendant, upon giving Notice to the King's Privy Council, which Notice is hereby directed to be entered in the Books thereof, may at any Time from the Expiration of Twelve Calendar Months after such Notice given to the Privy Council as aforesaid, contract such Marriage; and his or her Marriage with the Person before proposed, and rejected, may be duly solemnized, without the previous Consent of his Majesty, his Heirs or Successors; and such Marriage shall be good, as if this Act had never been made, unless both Houses of Parliament shall, before the Expiration of the said Twelve Months, expressly declare their Disapprobation of such intended Marriage. incur the Penalties III. And be it further enacted by the Authority aforesaid, That No 6. every Person who shall knowingly or wilfully presume to solemnize, 12 Geo. III. c. 11. or to assist, or to be present at the Celebration of any Marriage with Persons who shall any such Descendant, or at his or her making any Matrimonial Con- wilfully assist, &c. tract, without such Consent as aforesaid first had and obtained, except provided by in the Case above mentioned, shall, being duly convicted thereof, in- 16 Rich. II. cur and suffer the Pains and Penalties ordained and provided by the Statute of Provision and Premunire made in the sixteenth Year of the Reign of RICHARD the Second. WHE No. 7. 44 Geo. III. c. 77.-An Act to render valid certain Marriages solemnized in certain Churches and publick Chapels in which Banns had not usually been published before or at the Time of passing an Act, made in the Twenty-sixth Year of the Reign of his late Majesty King GEORGE the Second, intitutled, An Act for the better preventing of clandestine Marriages. [14th July, 1804.] THEREAS, since the making of an Act, passed in the twenty- 44 Geo. III. c. 77. sixth Year of the Reign of his late Majesty King GEORGE 26 Geo. III. c. 33. 'the Second, intituled, An Act for the better preventing of clan- 21 Geo. III. c. 53. destine Marriages; and also of an Act, passed in the twenty-first 'Year of the Reign of his present Majesty, intituled, An Act to 'render valid certain Marriages solemnized in certain Churches and publick Chapels in which Banns had not usually been published before or at the Time of passing an Act, made in the twenty-sixth 'Year of King GEORGE the Second, intituled ‹ An Act for the better 'preventing of clandestine Marriages,' divers Churches and Chapels 'have been erected and built within that Part of Great Britain called 'England, Wales, and Town of Berwick-upon-Tweed, which have been duly consecrated, and divers Marriages have been solemnized 'therein since the passing of the said last mentioned Act; but, by reason that in such Churches and Chapels Banns of Matrimony had not usually been published before or at the Time of passing the said 'first mentioned Act, such Marriages have been or may be deemed to 'be void: May it therefore please your Majesty that it may be enacted; and be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That all Marriages already solemnized, Marriages in or to be solemnized before the twenty-fifth Day of March One Thou- Churches or Cha sand Eight Hundred and Five, in any Church or publick Chapel in 26 G. solemnized that Part of Great Britain called England, Wales, and the Town of before March 25. Berwick-upon-Tweed, erected since the making of the said Act of the lid. twenty-sixth Year of the Reign of his late Majesty King GEORGE the Second, and consecrated, shall be as good and valid in Law as if such Marriages had been solemnized in Parish Churches, or publick Chapels having Chapelries annexed, and wherein Banns had usually been pablished before or at the Time of passing the said last mentioned Act. pels erected since 1805, declared va II. And be it further enacted by the Authority aforesaid, That Ministers having all Parsons, Vicars, Ministers, and Curates, who, before the said solemnized such Marriages indem twenty-fifth Day of March One Thousand Eight Hundred and Five, nified. shall have solemnized any of the Marriages which are hereby enacted No. 7: to be valid in Law, shall be and they are hereby indemnified against 44 Geo. III. c.77. the Penalties inflicted by the said Act of the twenty-sixth Year of the Reign of his said late Majesty King GEORGE the Second, upon Persons who shall solemnize Marriages in any other Place than a Church or publick Chapel in which Banns had been usually published before or at the Time of passing the said last mentioned Act. received as Evi dence. Registers of such III. And be it further enacted by the Authority aforesaid, That Marriages shall be the Registers of Marriages solemnized or to be solemnized in the said Churches or Chapels, which are hereby enacted to be valid in Law, or Copies thereof, shall be received in all Courts of Law and Equity as Evidence of such Marriages, in the same Manner as the Registers of such Marriages solemnized in Parish Churches or publick Chapels in which Banns were usually published before or at the Time of passing the said Act of the twenty-sixth Year of the Reign of his said late Majesty King GEORGE the Second, or Copies thereof, are received in Evidence: Provided nevertheless, that in all such Courts the same Objections shall be available to the receiving such Registers or Copies in Evidence, as would have been available to the receiving the same as Evidence, if such Registers or Copies had related to Mariages mentioned in such last mentioned Parish Churches or publick Chapels as aforesaid. IV. And be it further enacted by the Authority aforesaid, That Registers of Mar- the Registers of all Marriages solemnized in any publick Chapels, riages solemnized which are hereby enacted to be valid in Law, shall, within fourteen be removed to Pa Days next after the said twenty-fifth Day of March One Thousand rish Churches ad Eight Hundred and Five, be removed to the Parish Church of the in Chapels, shall joining. Parish in which such Chapel shall be situated, and in case such Chapel shall be situated in an Extra-parochial Place, then to the Parish Church next adjoining to such Extra-parochial Place, to be kept with the Marriage Registers of such Parish, and in like Manner as Parish Registers are directed to be kept by the said Act of the twenty-sixth Year of the Reign of his said late Majesty King GEORGE the Second. 13. No. 8. 48 Geo. III. c. 127.-An Act to render valid certain Marriages solemnized in certain Churches and publick Chapels in which Banns had not usually been published before or at the Time of passing an Act made in the Twenty-sixth Year of the Reign of his late Majesty King GEORGE the Second, intituled, dn det for the better preventing of Clandestine Marriages. [30th June, 1808] 48 G. III. e. 127. “ Recital of Acts, 26 G. II. c 33; 21 G. III. c. 53; 44 G. III. c. 77 ; Marriages solemnized before August 23, 1808, in any Church or Chapel in England, Wales, or Berwick, duly consecrated, declared valid, § 1-Ministers who shall have solemnized such Mar"riages indemnified against Penalties under 26 G. II. c. 33.-§ 2. Registers of such Marriages shall be received in Evidence $3. [See 44 G. III. c. 77, § 1, 2, S."] IV. And be it further enacted by the Authority aforesaid, That nized in Chapels the Registers of all Marriages solemnized in any publick Chapels shall be removed which are hereby enacted to be valid in Law, shall, within Thirty es, &c. and thence Days next after the Twenty-third Day of August, One Thousand transmitted to the Eight Hundred and Eight, be removed to the Parish Church of the Registers of Marriages so solem to Parish Church Bishop. |