Page:Every Woman's Encyclopedia Volume 1.djvu/287

 Unless this is done, or the Protestant party makes a solemn promise to this effect, the priest refuses to marry them. Both promise and document alike are of no legal value ; for 4f signed by the woman, her Catholic husband already has the legal right to educate his children in the religion of their father ; and should it be signed by the Protestant man, he does not deprive himself of his legal rights thereby, for it is only a promise, and not a contract, to which he has pledged himself. By a Papal rescript of quite recent date the Catholic Church refuses to recognise as lawful any marriage of a Catholic not solemnised by a priest of his church. There- fore Catholics are absolutely debarred from marrying in a registrar's office, or, in the case of mixed marriages, of marrying in a Protes- tant church. Such marriages would of course be legal while the parties remained in England, but abroad the consequences might be serious. Irish Marriages When one of the parties resides in England and the other in Ireland, the latter may give notice to the registrar in Ireland of his or her district, and receive a certificate from him in twenty-one days ; the marriage can then be celebrated in England. But if the mar- riage is to take place in Ireland, and one of the parties resides in England or Scotland, the marriage must be solemnised by licence. In Ireland the marriages of Protestant Episcopalians and Nonconformists are sub- ject to practically the same rules of procedure as in England. The same remark applies to marriages by a civil ceremony only. Roman Catholics are under different con- ditions, and marriages performed by a clergyman in holy orders, either Protestant or Catholic, in a church or private house, without restriction as to time or place, and without banns, licence, residence, or consent, are valid. Such a marriage is, however, con- trary to the discipline of the Catholic Churc'i,- which requires banns, or episcopal licence. Mixed marriages between a Catholic and a PrrU-Mant may be celebrated by a clergy- ii.;,n of either denomination, after notice and upon the certificate of the registrar, in a building set apart for divine service, accord- ing to the rites of the religion of the officiating clergyman, with open doors, and between the hours of 8 a.m. and 2 p.m., in the presence of two or more witnesses. Presbyterian marriages may take place in their meeting-houses, and must be performed by their ministers after licences granted by the latter, or after due publication of banns. Scotch Marriages For marriage in England without licence to a person residing in Scotland, a certificate of proclamation of banns in Scotland, signed by the parish clerk, will be as effectual as the production of an English registrar's certificate. The banns will be published in the parish church, no matter what denomi- nation the parties may belong to, and the party living in Scotland must have resided 265 LAW fifteen days in the parisli. All three publica- tions of banns may be made on the same Sunday upon payment of extra fees. Scottish law recognises both " regular " and " irregular " marriages. Regular mar- riages are solemnised by the publication of banns in the Established Church of the parish in which each of the parties reside. Application must be made to the session clerk and a statement furnished, verified by the certificate of two householders or one of the elders of the parish, that one of the parties has resided for fifteen days in the parish, and that the parties are unmarried and not related to each other within the prohibited degrees. Consent Makes Marriage By Scottish law, " consent makes mar- riage." No form of ceremony, civil or religious, no notice before or publication after, no consummation, or cohabitation, no writing, and no witnesses are essential ; mutual agreement and consent is all that is required. It is now necessary, however, that one of the parties should have lived in Scotland for twenty-one days preceding the marriage. The presence of witnesses is not essential. Any persons who have contracted an irregular marriage may, within three months from date, jointly apply to the sheriff, who, if satisfied, will grant a warrant to the registrar of the parish to enter it in his register upon payment of 5s. They may also be registered on payment of ;^i by making them the subject of a nominal prosecution, the parties appearing before a magistrate, who, on their own confession, pronounces sentence, declaring that they have contracted a clandestine marriage, and imposing a small fine. A copy of the extract of this sentence was often regarded as a marriage certificate. " Habit and repute," acquired amongst friends and neighbours by persons living together as husband and wife, does not constitute, but is evidence of, marriage, and the presumption is that a marriage has taken place.' When lingllsh women Marry Foreigners In marrying a I'orcigner in rhis country, nppnication should ahs'ays be made i<- his Embassy in order that, in addition to the English celebration of t'le marriage, all the necessary forms and ceremonies neces- sary to render the marriage valid in the foreigner's country may be complied with. A Frenchman or a Belgian, no matter of what age, cannot contract a legal marriage without observing certain formalities ; these include the consent of his parents or relatives, and the publication of notices, which rnust be twice published at the town hali of his native place. If he is under twenty-five years of age, and his parents or relatives refuse their consent, the marriage cannot take place until he is thirty, and then not until a month after formal notice. If he is thirty years of age, and has no parents living, it is still necessary for him to give a respectful notice of his intended marriage to his near relations. 7o he continued.