tween the hours
aforesaid_, making the declaration, and using the form of words herein
before provided in the case of marriage, in any such registered
building."
A statute of this kind was not likely to undermine the public feeling in
favour of the religious celebration of marriage; and we believe that it
has not done so. But the Bill now proposed for Scotland is framed on a
very different principle, and would in all probability involve very
different results.
But indeed it is needless here to refer to the law of England, which in
one essential respect is so widely distinguished from that of our own
country. The restraints that, on the other side of the Tweed, have been
provided against the marriage of minors without the consent of their
parents and guardians, have no existence with us, and the merits of the
Bill under consideration must be estimated in reference to that most
material fact.
By the theory of the law of Scotland, a boy of fourteen and a girl of
twelve may validly contract marriage by mutual consent, without the
sanction, and in spite even of the opposition of their guardians. If
such be the case, it may be asked, whether and why they do not actually
marry at present as rashly and as indiscriminately as they are likely to
do under the new bill? The answer is, that such is not the case, and the
reason is to be found in the considerations we have already suggested.
The law is neutralised, and made nearly a dead letter, by the state of
feeling that prevails on the subject, and by the other obstacles to
which we have referred. Some are preserved from the danger by ignorance,
others by the scandal and discredit attaching to irregular marriages,
and others by the doubt and difficulty attending them. If these
preventives be taken away, what protection remains? If a statutory
marriage by the registrar is not looked upon as discreditable--and why
should it be so, since the law enacts it?--then the position of the
young is indeed most hazardous. The feelings of shame and fear most
likely to operate on youthful minds are withdrawn; and instead of
difficulties being thrown in the way, facilities for the evil are
created. An encouragement is held out--an office is opened,--a sure and
certain method is provided and _advertised_ for indulging precipitately
the caprice of a moment at the expense of family peace and happiness and
respectability for the rest of life.
We might say much more upon this subject had we
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