Blackwood's Edinburgh Magazine

of consent, however hasty, however ball.

Or take the converse case, ill considered, however improperly of gawky country lads, hooked in by obtained, could ever be got the knowing widows or other female adbetter of when once it was registered. venturers, and the chain riveted in A half-tipsy lad and a giddy lass, an unguarded moment, before their passing the registrar's house, after a unhappy parents, or even the witless, fair, may be irrevocably buckled in victims themselves, had dreamed that three minutes, though they should it was forging. But even this kind of change their minds before they are publicity is not necessary. As far as well out of the door. A fortune-hunter we see, the registrar may, at any has only to prevail on a silly girl, who hour, be summoned to attend at the has a few thousand pounds, to walk most private spot of his district, and with him to the office, and there, with there be compelled to witness and two of his associates, make her sign legalise the most monstrous match her name in a book, and his purpose is that could be imagined, or the most fully and effectually accomplished; infamous advantage that duplicity while the lady's maid of the family ever gained over simple folly or unwill find it as easy, on the other side, suspecting inexperience. to make a match with her master's Who can doubt that scenes of this son, at any favourable moment that kind are not unlikely to occur under offers.

such a change of the law? When the We do not pretend to know what restraints of moral customs and habits sort of man the registrar is to be. have been broken through by the inBut his office does not require him to be terference of the legislature; and either a minister or a magistrate. It is when an invitation is thus held out, not, therefore, necessary that he should and a mechanism provided for precipioffer any advice or remonstrance as tate marriages, who can calculate the to the necessity of due deliberation, or infinite evils that will ensue? The the consent of friends, in entering into obvious fruits of such a system will be the holy state of matrimony. And, conjugal unhappiness and consequent indeed, such interference would be an infidelity, the neglect of children, and impertinence and a breach of duty. We the weakening of all domestic affecpresume, at the same time, that, as he tions. The worst mischiefs to the permust be a mortal man, and is to be paid sonal and social character of a people by fees, he will have no objection to have always sprung from a disregard encourage every thing that brings of the serious and solemn nature of grist to the mill. He is not likely to the marriage tie; and the least risk of grudge being knocked up at night such laxity is to be deprecated. when a gratuity is to be the result.

“ Fæcunda culpæ sæcula nuptias And thus we conclude that all ob

Primum inquinavere, et genus et domos; servance of canonical hours will be Hoc fonte derivata clades dispensed with; and that the great In patriam populumque fluxit." work of matrimonial registration will In the discussion on this subject be practicable at any period of the out of doors, reference has been made civil day.

to the English registration act. It is If we were to indulge in the ludi- not necessary for us to pronounce an crous on such a subject, we should opinion on the merits of that measure. only have to imagine a marriage But we will merely say that its chabazaar of this kind, opened at a racter and provisions are essentially watering-place or at the sea-side, different from those of the Scotch where young ladies might be attended Bill we have been considering. or waylaid by amorous exiles of Erin, The English marriage act, which watching the mollia tempora to wile introduced a system of registrathe confiding fair one from the library tion, is the 6 & 7 William IV., c. to the pastry-cook's, and from the 85. It is at least a well-digested and pastry-cook's to the registrar's shop; well-developed measure, complete in

;

, or else taking shelter within the statu- itself, and laying down the grounds tory office during a shower of rain, on which it proceeds, and the precise or arranging to meet at that happy mode of its operation. It was inrendezvous after the concert troduced as a concession of religious

toleration, being intended to relieve the and would in all probability involve scruples of Dissenters, who objected very different results. to being married according to the But indeed it is needless here to ritual of the Church of England. In refer to the law of England, which in that light the present bill is wholly one essential respect is so widely disunnecessary The fullest religious tinguished from that of our own freedom already exists in Scotland; country. The restraints that, on the the celebration of marriage by a cler- other side of the Tweed, have been gyman of any denomination, after pro- provided against the marriage of clamation of banns, being equally valid minors without the consent of their and regular as when the ceremony is parents and guardians, have no exisperformed by a minister of the Estab- tence with us, and the merits of the lishment. But the English registra- Bill under consideration must be estion act, so far from throwing eccle- timated in reference to that most siastical marriages into the shade, material fact. shows a studied anxiety to promote and By the theory of the law of Scotland, encourage them, and contains numerous a boy of fourteen and a girl of twelve provisions directed to that object, as may validly contract marriage by muwell as intended to give publicity and tual consent, without the sanction, and deliberation to the matrimonial con- in spite even of the opposition of their tract to be entered into. It further pro- guardians. If such be the case, it vides a system by which the scruples may be asked, whether and why they of Dissenters are saved without de- do not actually marry at present stroying the religious character of the as rashly and as indiscriminately contract, by allowing sectarian places as they are likely to do under of worship to be registered for the the new bill? The answer is, that purpose of solemnising marriage such is not the case, and the reason therein. It is only after all these is to be found in the considerations provisions, and in order expressly to we have already suggested. The law meet further religious scruples, that a is neutralised, and made nearly a marriage before the registering officer dead letter, by the state of feeling that is sanctioned. But in this case also, prevails on the subject, and by the the statutory period of public premo- other obstacles to which we have renition is required, as well as the ob- ferred. Some are preserved from the servance of the other precautions danger by ignorance, others by thescanagainst precipitate and clandestine dal and discredit attaching to irregular marriages. The clause on this subject marriages, and others by the doubt and is as follows:

difficulty attending them. If these pre6. And be it enacted, that any per- ventives be taken away, what protection sons who shall object to marry under remains ? If a statutory marriage by the provisions of this Act, in any such the registrar is not looked upon as registered building, may, after due discreditable — and why should it be notice and certificate issued as afore- so, since the law enacts it ?—then the said, contract and solemnise marriage position of the young is indeed most at the office and in the presence of hazardous. The feelings of shame the superintendent registrar, and and fear most likely to operate on some registrar of the district, and in youthful minds are withdrawn; and the presence of two witnesses, with instead of difficulties being thrown in open doors, and between the hours the way, facilities for the evil are aforesaid, making the declaration, and created. An encouragement is held using the form of words herein before out-an office is opened, ---a sure and provided in the case of marriage, in certain method is provided and adverany such registered building." tised for indulging precipitately the

A statute of this kind was not caprice of a moment at the expense likely to undermine the public of family peace and happiness and

eeling in favour of the religious respectability for the rest of life. celebration of marriage ; and we be- We might say much more upon lieve that it has not done so. But this subject had we not, as we bethe Bill now proposed for Scotland is lieve, sufficiently suggested the misframed on a very different principle, chiefs with which this measure is

concerns

one

fraught. We are not satisfied that of their country sincerely at heart, as far as the young are concerned, must feel as we do, if they share in the existing law as to seduction under the anticipations which have promise of marriage can be safely expressed. Neither is the interest abrogated, unless some other protec- of the subject confined to those tion is provided in its place; and we who are residents in Scotland. It suspect that the apparent facility of also

every

whose registration at any time might be children may enter or remain within used as a means of temptation in the our territory at a marriageable age; first instance, while it might after- and if the. Scotch law is ever to wards be evaded with the most un- be thoroughly amended, it will be just consequences.

Neither are we but imperfectly done unless the feelings clear that long repute and cohabita- and rights of our English neighbours tion should not, at least, afford a pri- are specially attended to in this imma facie presumption of marriage, so portant point. as to supply the want of due evidence of If we were to offer our own views celebration, which may in some cases as to a .measure that might be safely be lost, particularly by persons com- adopted on this subject, we should be ing from other countries to reside in disposed to make the following sugScotland. We see difficulties, too, as gestions for consideration: 1st, That to the effect of registration of marriage registration should be necessary to vaunder feigned names, which will often lidate irregular marriages, but should be resorted to where there is a desire not constitute marriage; 2d, That the for concealment. If a marriage so registrar should not attend at the registered is to be bad, what a door is contraction of any irregular marriage; to be opened for deception! If it is 3d, That a certain period of public to be good, how little security may cohabitation, in the same residence, as the registration afford! But we recur married persons, should constitute or to the more comprehensive and radi- presume marriage ; 4th, That, at least cal objections which we have already in reference to young females, marstated to this Bill, that it destroys the riage by promise and subsequent consanctity and reverence attending nexion should be valid, if steps to demarriage as a religious engagement, clare it were taken within a certain and that it affords dangerous facilities time; 5th, That the marriage of Engand temptations to the hasty contrac- lish parties under age should be subtion of improper marriages, which, jected to some reasonable restraint by more especially in the case of persons requiring prior residence of some duunder age, may have a very wide and ration. pernicious operation.

In the mean time, however, we trust We are glad to see that the Church the Bill will not receive the countenance of Scotland has earnestly taken up of the Legislature. Minor amendthis question in the same light with ments upon it may be proposed, but we ourselves. But it equally concerns do not expect that the principle can be the parents and guardians of youth corrected. It has been introduced, of every religious denomination. We no doubt, with a laudable desire to shall not be suspected of claiming for obviate the uncertainty at present the Established Church alone the re- attending irregular marriages. But ligious right to sanctify the marriage in mitigating that evil, it appears to obligation. Every Christian Church us to involve others of a much more in the land has a good claim and a serious and sweeping kind, which it deep interest to give its blessing and must be the duty of all religious and its sanction to its own members when reflecting men who see the danger to so contracting. But all, indeed, who

use every exertion to avert. have the moral character and welfare

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