In patriam populumque fluxit."
In the discussion on this subject out of doors, reference has been made,
to the English registration act. It is not necessary for us to pronounce
an opinion on the merits of that measure. But we will merely say that
its character and provisions are essentially different from those of the
Scotch Bill we have been considering.
The English marriage act, which introduced a system of registration, is
the 6 & 7 William IV., c. 85. It is at least a well-digested and
well-developed measure, complete in itself, and laying down the grounds
on which it proceeds, and the precise mode of its operation. It was
introduced as a concession of religious toleration, being intended to
relieve the scruples of Dissenters, who objected to being married
according to the ritual of the Church of England. In that light the
present bill is wholly unnecessary. The fullest religious freedom
already exists in Scotland; the celebration of marriage by a clergyman
of any denomination, after proclamation of banns, being equally valid
and regular as when the ceremony is performed by a minister of the
Establishment. But the English registration act, so far from throwing
ecclesiastical marriages into the shade, shows a studied anxiety to
promote and encourage them, and contains numerous provisions directed to
that object, as well as intended to give publicity and deliberation to
the matrimonial contract to be entered into. It further provides a
system by which the scruples of Dissenters are saved without destroying
the religious character of the contract, by allowing sectarian places of
worship to be registered for the purpose of solemnising marriage
therein. It is only after all these provisions, and in order expressly
to meet further religious scruples, that a marriage before the
registering officer is sanctioned. But in this case also, the statutory
period of public premonition is required, as well as the observance of
the other precautions against precipitate and clandestine marriages. The
clause on this subject is as follows:--
"And be it enacted, that any persons _who shall object to marry under
the provisions of this Act, in any such registered building_, may,
_after due notice and certificate issued_ as aforesaid, contract and
_solemnise_ marriage at the office and in the presence of the
superintendent registrar, and some registrar of the district, and in the
presence of two witnesses, _with open doors_, and _be
|