« ПредишнаНапред »
so celebrating it, and it might be safely constituted a considerable source of the left to their own feelings on that head. minister's income. It was their sacred With the present countless variety of duty to provide for the interests of these Dissenters it was next to impossible to persons, and not the less so because leave the matter entirely to them, or to they themselves were silent on the subhave any hope that they would duly at- ject. tend to registration. But if any plan Lord ELLENBOROUGH and Lord Tescould be devised providing for regularity TERDEN made some observations as to in registration, through a notary or the possibility of improving and readerotherwise, he saw co objection to leav- ing more certain the transmission of the ing all Dissenters to celebrate their own magistrate's certificate, by his sending it marriages.
himself, or by some person authorized by Lord TENTERDEN (the Lord Chief Jus. him. tice) was one of those who voted in the Lord REDESDALE observed, that some minority against this Bill. He at any better and more general register was rate should suggest an amendment in very desirable; perhaps nothing more rethe declaration requiring it to be shewn quired attention. Greater publicity was that the parties were actually members very desirable. The parochial returns to of a Unitarian congregation. He also the bishops were he believed very imperobjected to making it imperative on the fect. It was of great importance to conmagistrate. He thought he should only sider whether a better general register be authorized, not required. In populous of marriages, baptisms, and burials, could places there would be no difficulty iu not be established. finding a magistrate who would act. The Report was then ordered to be Lord Rosslyn. If the parties were
taken into consideration the next day. previously married at their own places, they need only declare before the ma
FRIDAY, JUNE 29ıb. gistrate that they had so been, which The Report of the Committee was would take away all appearance of his taken into consideration. Lord TENTERperforming the ceremony.
DEN made his proposed amendment in friendly to the Bill in any way.
the declaration, and the Bill was or. Lord Redesdale thought that making dered to be printed and read a third the office optional with the magistrate time that day fortnight. By, which would remove many difficulties. He meaus it goes over to next Session, acstill objected to the form as not being, cording to the arrangement of the day even according to the parties' owu views, before. of a binding character.
We subjoin the Bill as amended by The LORD CHANCELLOR referred to the Lords. We refer to our observations the clause which made it binding. He at the commencement of our Report of read the Irish statute permitting Dissen. the proceedings, and would only add, ters to celebrate marriage. All the prin- that any practical suggestious upon it ciples objected to in this Bill had been
may be usefully addressed to the Solici. recognized, and were the law of Ireland tor of the Association. without any complaint. No religious ceremonial was by our own law considered A Bill [as Amended] by the Lords' necessary. The consent of the parties Committee, intituled an Act for gave marriages validity. In some coun granting Relief to certain Persons F tries of Europe where it was acknow dissenting from the Church Erledged that no religious ceremony was gland, in respect of the Mode of necessary, yet marriage was binding, as
celebrating Marriage. it would be declared to be by this act. The question was vot what the parties. The words printed in “ Italics' were added considered binding.
by the Lords' Committee; and the Lord RedesDALE explained that his
Words at the Bottom of the Pages, are observations were only addressed to the
those which stood in the Bill us supposed desirableness of giving such a
by the Commons, but were left out by sauction to marriage, as, according to
the Lords' Committee. the religious views of the parties, was Whereas* it is erpedient to make Prolikely to have that effect.
The Bishop of CHESTER's amendment in the Nineteenth Year of the Reign as to “ Clerks in holy orders," was then of His late Majesty King George the agreed to, and several other's proposed Third an Act was passeu, intituled An by him. At the clause as to payment of Act for the further Relief of Protestant fees he observed, that he had not ex- Dissenting Ministers and Schoolmasters; pected to hear the observations which and in the Fifty-third Year of His said had been made. In many cases they late Majesty an Act was passed, iuti.
vidon for the Marriage of the Members ofpreviously sign a Declaration in Writing, certain Congregations of Protestent Dis. in the Forin specified in the Schedule seaters, usually assembling for Divine Wor to this Act marked (A.), with such Variship in certain Chapels or Places duly en ations as Circumstances may require; tered and registered according to Law, and such Declaration shall be also certified who deny the Doctrine of the Holy Tric and attested, in the Form specified in the mity, as it is declared in the Articles of said Schedule, by the Oficiating Minister Religion mentioned in the Statute made in of such Congregation, if any such there be; the Thirteenth Year of the Reign of Queen and also by Two Elders of the same ConElizabeth, and who therefore scruple to be gregation, being Housekeepers ; and in case married according to the Office of Matri- there be no Oficiating Minister, then by mony in the Book of Common Prayer : Three Elders of the same Congregations, Be it therefore , enacted by the King's being Housekeepers; and in which Declamost excellent Majesty, by and with the ration and Certificate the Place of Abode, Advice and Consent of the Lords Spi- and also the State, Profession, or Trade of ritual and Temporal, and Commons, in every person signing the same, or therein this present Parliament assembled, and mentioned, shall be truly set forth : Pro. by the Authority of the same, That at vided also, that previously to giving such any Time after the passing of this Act, Certificate as aforesaid, the Rector, ViWhenever the Banns of Marriage shall car, Curate, or Officiating Minister and have been duly published Three several Clerk of the Parish or Chapelry in which Sundays in the proper Parish Church or the Woman intending to be married Churches, Chapel or Chapels, as required shall be resident, shall be entitled to add by Law, between any Two Persons shall receive from the Party applying for being® Members of any such Congregation such Certificate, such and the same Fees, as aforesaid, who shall be desirous of Duties, and Emoluments as might by having the Benefit of this Act, without Law or Custom be demanded for pubjust Cause or Impediment having been lishing such Banns and solemnizing such declared against such Marriage, it shall Marriage in the Parish Church or Chapel be lawful for the Rector, Vicar, Curate, of such Parish or Chapelry. or Officiating Minister of each and every And be it further enacted, That it shall Parish or Chapelry in which such Banns and may be lawful to and for such Perof Marriage shall have been published, sons so proposing to intermarry as aforeand he is hereby directed and required, said, or any person on their Behalf, to to give a Certificate in Writing under his carry such Certificate or Certificates of Hand, certifyiug the due Publication of the Publication of Bauns, or their Lişuch Banns, and that no Cause or just cence, in case the Marriage shall be had Impediment had been declared why the by Licence, and to leave the same, togeParties should not be joined together in ther with the said Declaration, and CertiMatrimony, such Certificate being in the ficate thereto subscribed, or another DeclaForm specified in the Schedule to this ration and Certificate, in the same Form, Act marked (B.), with such Variations and signed as aforesaid, with any Justice as Circumstances shall require: Provided of the Peace, Mayor, Alderman, or Manevertheless, that both the Parties shall gistrate, aui horized by Law to act as a
Justice of the Peace within the * Division, tuled · An Act to relieve Persons who City, Borough, or Corporate Town or impugn the Doctrine of the Trinity from Place wherein the said Parties or either certain Penalties :' And whereas several of them reside; and such Justice, Mayor, of His Majesty's Subjects, being Protes- Aldermau, or Magistrate, not being a tant Dissenters from the Church of En- Clerk in Holy Orders, shall and is hereby gland, entertaining conscientious scru- required thereupon to name and appoint ples with respect to Bclief in the Doc a Time, within the Hours appointed by trine of the Trinity, and commonly called Law for the Celebration of Marriages, Unitarians, regard the Necessity of so. and not at a less Distance than the Selemnizing Matrimony according to the cond Day thereafter, nor a greater DisOffice of Matrimony in the Book of Com tance than Four Days from the Receipt mon Prayer as a Grievance repugnant to
of such Certificate or Licence and Declatheir Religious feelings, and have at va- ration, and Certificate thereto subscribed, rious Times petitioned Parliament to be at which Time, and at some suitable and relieved therefrom: And whereas it is convenient Place to be also appointed by expedient to grant some Ease to scrupu. such Justice, Mayor, Alderman, or Maloas Consciences in this respect, without gistrate, the Parties so proposing to ininfriuging on the general Policy of the terinarry shall and may appear; and Law relative to Marriages :
such Justice, Mayor, Alderman, or Ma* Protestant Dissenters of the Unita
gistrate is hereby required and authorized port of the Validity of the said Marriage thereupon to attend and take the Decla- upon any Occasion whatever, nor shall ration of the contracting of Marriage, any Evidence be received to prove the and to permit such Parties to intermarry contrary in any Suit touching the Validity before him in the Presence of such Wit- of the said Marriage : Provided always, nesses as are required by Law for the that no such Justice, Mayor, Alderman, Celebration of Marriages; which Mar or Magistrate shall proceed upon Certifiriage, as the Form thereof, shall be had cate of Banus to the Marriage of any and declared in Manner and according Two Persons, both or one of whom shall to the form following; the Man to be be under the Age of Twenty-one Years, married, taking the Woman to be mar put being a Widower or Widow, when ried by the Hand, shall plainly and dis- and in case he shall have Notice of the tinctly pronounce these Words,
Dissent of the Parents or Guardians of “I, A. B., do take and acknowledge thee the Party under Age ; neither shall such C. D. for my wedded Wife * before these Justice, Mayor, Alderman or Magistrate, Witnesses." +
in any Case where a Marriage shall not And then the Woman, taking the Man be bad within Three Months after the by the Hand, shall plainly and distinctly complete Publication of Banns, proceed pronounce these Words,
to the Marriage of the Parties, until the "I, C.D., do take and acknowledge thee Banos shall have been republished ou A. B. for my wedded Husband before Three several Sundays, in due Course of these Wituesses."
Law, or unless by Licence duly obtained. Which said Words and Acknowledgment And be it further enacted, Thal Theo of Marriage shall be fairly written or other Copies of the said Acknowledgment printed at the Foot of or indorsed upon the of Marriage and Altestation shall be made Certificate of the Publication of Banns or and signed immediately after such Marriage, Licence, as the Case may be, and shall be One whereof shall be delivered to each of signed by the Parties married, and attested the said married Parties. by the Justice and other Witnesses present And be it further enacted, That w Lithereat, according to the Form following : cence for a Marriage to be had according to “ Parish of
Day of this Act shall be granted without the Proin the Year
duction of such Declaration and Certineate “We, L. M., One of his Majesty's Jus- thereto subscribed as are herein required to tices of the Peace of the County, Division, be delivered to the Person granting a Certi. or other Place, and usually acting in the ficate of the Publication of Banns, and that said Parish as such Justice, do hereby attest a Copy thercof shall be indorsed on such that the before-mentioned Words were pro- Licence, and certified to be a true Copy by nounced and signed by the said A. B. and the Person granting such Licence. C. D. in our Presence, at the Time and And be it further enacted, That a Fec of Place before-mentioned.
Two Shillings and Sirpence shall be paid to “N. 0. of
the Justice before whom such Marriage shall “ P. Q. of
be had, or his Clerk, And such Marriage, so to be had and And whereas it is expedient to provide declared, shall thereupon be as valid and for the regular Registration of such Mar. effectual' in the Law'to all Intents and riages, and for facilitating the Means of Purposes as if the same had been solem- Proof' thereof; be it therefore further nized in the usual Manner in a Church enacted, That the Justice or other Per. or Chapel by a Minister of the Church of son as aforesaid, before whom any such England, and according to the Office of Marriage shall be so had, shall immediMatrimony in the Book of Common Pray- ately thereafter return the Acknowledge er, and no further or otherwise ; and it shall not be pecessary thereafter to give make out, sign, and deliver to such in Evidence the Delivery of such written Parties a Certificate of such Marriage Declaration or Declarations, Certificate being had, for which a fee of Two Shilor Certificates, or Attestation, or to prove lings and Sixpence and no more shall be that the Parties were Protestant Dissen- paid, and which shall be subscribed by ters of the Persuasion aforesaid, in sup- the said Parties, and by at lcast Two of
the Witnesses present thereat, and shall and do here, in the presence of God, be in the Form specified in Schedule (C.) and
to this Act, with such Alterations as † promise to be unto thee a loving Circumstances may require, in which Cerand faithful Husband.
ficate shall be expressed that the Mare aud do here, io the Presence of God, riage was celebrated by Banns or Licence, and
and in case of the Marriage being by ş, promise to be unto thee a loving, Licence, if both or either of the Parties faithful, and obedient Wife.
so inarried by Licence be under Age, (uot
ment of Marriage and Attestation thereof, Entry * of such Marriage shall be as herein-before required to be made on the effectual and valid for all Purposes of said Certificate of the Publication of Banns Proof of the said Marriage, as the Entry or Licence, to some one of the Witnesses of any Marriage duly had and solemnized, present at such Marriage, to be by such and registered, according to the Usages Witness delivered to the Parson, Vicar, of the Church of England, and according Minister, or Curate of the Parish in which to the Provisions of the Laws now in the Woman shall be resident, shall, at the force relative thereto. Request of the Parties, or either of them, Provided always, and it is hereby enor of any One of the subscribing Wit. acted and declared, That of the Person vesses, on Production and Delivery of entrusted with such acknowledgment and such * Acknowledgment of Marriage and Attestation shall procure such Entry or Certificate, (which shall be deposited and Registration to be made of such Markept in the Parish Chest or Registry) riage within the Space of 1 Three Days and the Fees usual and customary to be thereafter, but that the Neglect thereof paid on Marriages having been duly paid shall not be construed to affect or invali. on granting the Certificate of Banns as date the said Marriage; and that in case herein-before mentioned, or being paid of Default in $ procuring such || Entry before the Registration in the Case of within the Space aforesaid, the Man Marriages by Licence, forthwith I cause § ** entrusted shall be liable to forfeit a true Copy of such Acknowledgment and and pay the Sum of Twenty Pounds, one Certificate to be made and entered in the Half whereof shall be paid to the InRegister Book of Marriages provided and former, and the other Half to the Overkept by Law, which Entry shall specify seers of the Poor of the Parish in which the Names of the Magistrate; and il such the said Marriage ought to have been
registered, and shall be recoverable by
Conviction on Information and Summons being a Widower or Widow,) such Cer- before any Justice of the Peace having tificate shall state the Marriage to be by Jurisdiction within such Parish, who Consent of the Parents or Guardians, as
shall have Authority to mitigate the said shall appear by such Licence; and
Penalty, nevertheless, to any Sum not * Certificate as last mentioned,
less than Five Pounds, and to levy the ton I make or
same, by Warrant under his Hand and $ to be made from the said Certificate, Seal, on the Goods aud Chattels of the an Entry of such Marriage in the usual Offender, who shall be at liberty to apconsecutive Order
peal against such Conviction to the next ll of the Witnesses subscribing the said General Quarter Sessions of the Peace, Certificate, shall be signed and attested
on entering into a Recognizance, with a by such Minister with his proper Addi
suficient Surety, to prosecute such Aption, and shall be made in the form or peal and pay such costs as shall be to the Effect following, with such Varia- awarded by the Justices at such General tions as Circumstances may require, that Quarter Sessions, who shall also have
Power to mitigate the said Penalty: Pro. “A. B. of
Parish and C. D. vided always, that no such Conviction thi
shall take place, or such Penalty be rethe a of } Parish this
were married coverable or inflicted, after the Expira
tion of Six Calendar Months from the " by Bands, with Conscnt of
Commission of any such Offence.
Provided nevertheless, and be it further Pareuts,
enacted, That nothing herein-before con
tained shall operate or be construed so " in the Year 18 , according to the
as to annul, defeat, or alter the Provi“Statute Eighth George Fourth,
sions of any existing Law relative to the
previous Publication of Bands, or the obJustice of the Peace.
taining of Licences, or any other Qualifi. L. M. Mayor.
cations, Ceremonies, Forms, or ProceedAlderman, &c. " Io the Presence of
Registrations of Marriages as are speciE. F.
fied and authorized by this Act; and and G. H.
• of the Registration Registered by me,
t the said Parties so intermarrying L. S. Rector, &c. One Week & delivering And the said Minister in every such Case | Certificate is hereby directed, empowered, and re I for the Purpose of procuring such quired to make such Alterations in the Registration, printed Forms required by Law for the ** intermarrying
is to say,
ings, whatsoever requisite for Marriages, as conveniently may be after the passing except so far as the same are expressly thereof, be provided by His Majesty's altered or dispensed with in this Act. Printer, and transmitted to the Officiating
Provided always, and be it further Ministers of the several Parishes and enacted, That in case the Parties propose Chapelries of England and Wales, and to intermarry by Licence, and not by thc Town of Berwick-upon-Tweed reBanns, it shall and may be lawful for spectively, One of which Copies shall be them, on Presentment of the same De- deposited and kept, with the Book conclaration and Certificate, signed by the taining the Marriage Register of such said Parties, as is mentioned in the Sche. Parish or Chapelry, in the Chest or Bos dule marked (A.) to this Act, to sue out provided for the Custody of the same. a Licence in the usual Manner, and under Provided also, and be it further enacted, the Restrictions provided by Law in such That nothing in this Act container shall be Cases, which Licence shall and may (with deemed or taken to alter or abrogate any such Alterations of the Forın thereof as Law now in force relating to the Doctrine shall be required for the Purpose or the of the Holy Trinity. Circumstances of the Case) express that
SCHEDULES TO WHICH THIS ACT the same is for the Purpose of authorizing the Minister, Parson, Vicar, or Curate, to register, instead of to solemnize
Schedule (A.) the said Marriage, on Production of the
WE, the undersigued A. B. of proper * Acknowledgment of the said Mar- and C. D. of do hereby declare, riage, and Attestation subscribed thereto, That we are Members of a Congregation and such Licence shall and may, within of Protestant Dissenters who deny the the Time limited by Law for such Li. Doctrine of the Trinity, and who usually cences remaining in force, be produced assemble for Divine Worship in a certain and delivered by the Parties to the Ma- Chapel or Place situate at
in the gistrate before whom such Marriage is to
Parish of be contracted, instead of the Certificate registered acccording to Law, and that we
and duly entered and of Banns. +
are desirous of taking the Benefit of a And be it further evacted, That all and certain Act passed in thc Eighth Year of every the Penalties appointed and declared the Reign of King George the Fourth, by Law for or against the making of false intituled “ An Act for grauting Relief to Entries, or the forging or counterfeiting certain Persons Dissenting from the of any Entry in Registers, or of any Li- Church of England, in respect of the cence for Marriage, or for destroying any Mode of celebrating Marriage.” Register, shall and are hereby declared
As witness our Hands, to extend and be applicable to the falsely
A. B. making, altering, forging, counterfeiting,
C. D. or destroying any Entry, Licence, or Re
We do hereby certify and declare the gister of any Marriage, I or any Declara Truth of the above-written Declaration, tion, Certificate, Acknowledgment, or At- and that the same was signed by the said testation, to be made, signed, given, or A. B. and C. D. in our Presence. granted under the Provisions thereof, or
As witness our Hands. any signature thereto, or to acting or assisting therein, or knowingly uttering
soficiating linister of
E. F. of or publishing the same, or any Copy
one of the Elders of
the above-mentioned thereof, as true.
Congregation. Provided also, and be it further enacted, That this Act shall extend to England
G. H. of
Two of the Elders of and Wales, and to the Town of Berwick
1. K. of
the same Congrega
tion. upon-Tweed. And be it further enacted, That Two
Schedule (B) printed Copies of this Act shall, as soon 1,
[Rector, Vicar, Curate,
or Oficiating Minister,] of the Parish or • Certificate of the Celebration Chapelry of in the County of
+ and shall, after the contracting of do certify, That the Bands of Marriage the said Marriage, be re-delivered by the have been duly published Three several said Magistrate to the Parties, with the Times between
of Certificate of the Marriage, and shall be this Parish,] and
of (or produced and delivered, together with of this Parish,] the last of such Publicasuch Certifcate, to the Parson, Minister, tions being made on the Vicar, or Curate, on the Registration of
One thousand eight hundred the Marriage.
under the Provisions of this Act, or • from the Church of England, of the any Certificate