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    subscribe the declaration mentioned in the statute of 30 Cllarles II ., should be obnoxious to the penalties and forfeitures mentioned in the statute 22 Charles II . against conventicles , nor should be prosecuted in the Ecclesiastical Courts for

    iioncdnfbrming to the Church of England , except for non-payment of tithes , or other parochial or ecclesiastical dues : And moreover , { outerJ that all marriages between Dissenters , ( taking the oaths and making the said declaration , ) solemnized before witnesses in the face of the

    congregation , by the said statute licensed , shall be good and valid in the law : And no persons shall be presented in the Ecclesiastical Court , for nonconformity to the Church of England in such marriages . And that the interpretation of all statutes belongs to the Common Law . Andalthough

    the plaintiffs being * I > issenters , have taken the oaths , and made the declaration according to the statute , and were married in the face of their congregation , in presence of witnesses according to the statute , and after banns published according to the discipline of the congregation j yet the defendants libelled against them in the

    Ecclesiastical Court , for incontinence ' and fornication between them , and compelled them to answer there , where they have pleaded all this matter , which the Court Tefnsed to admit . —Note , this was moved in Trinity Term last ^ and day given in this Term , and the Ecclesiastical Court stayed in the mean time . And now this Term it

    was agreed , that the prohibition shall go , and that the plaintiffs should declare on the prohibition , so that upon demurrer the law shall be tried . Pemberton counsel with the plaintiff ' s in the prohibition . Levins foT the defendant . See 3 Levins , 376 .

    II . Wig mote ' s Case . —Mick , 5 Ann . King's Bench . The > wife sued in the Spiritual Court for alimony : in fact , the husband was an Anabaptist , and had a licence from the bishop to marry , but married this woman according * to the forms of their own

    religion . Et per Holfc , C . J . By the Canon Law , a contract per verba ^ e pratsenti , marriage , as , I take ^ ou to be my wife . So it is of a contract per verba dejuturoj viz . I will take , &c If the contract be executed , and he does take her , it is a

    marriage , and they cannot punish for fornication , but only for not solemnizing the marriage according to the forms prescribed by law , but not so as to declare the marriage void . See Salkeld , 438 ; 2 Burn ' s Eccles . Law , 436 : Holt , 459 .

    Ui- Haydon- v . Gould , 4 July , 9 th Ann . At the Court of Delegates * u had issue three daughters . Margaret married to Richard Gould ;> Elizabeth Vol . tfiy . 9 , n

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    who married Franklin , and Rebecca who married Haydon . Rebecca deposited . £ 180 . in the hands of Gould , and took his bond payable to Franklin for her use . Rebecca died , and Haydon , her husband , took administration ; and now Richard Gould and his wife sued a repeal upon this sugjre ^ tion , that Rebecca and Haydon

    were never married , and it appeared in fact that they were Sabbatarians , and married by one of their ministers in a Sabbatarian congregation , _ and that ^ they used the form of the Comnaon Prayer , except the ring ; and that they lived together as man and wife as long as the

    woman lived , viz . seven , yt » ars . On the other hand it appeared , that the minister was a mere layman ^ and not in orders , upon which the letters of administration were repealed , and new administration granted to Maigaiet Gould , &c , and now that sentence upon an appeal was affirmed by the delegates ; for Haydon demanding a

    right due to him as husband , by the Ecclesiastical Law , must prove himself a husband according to that law , to entitle himseff in this case ; and though , perhaps , it should be so , that the wife who is the weaker sex , or the issue of this marriage who are in no fault , might entitle themselves by such marriage to a temporal

    right , yet the husband himself who h in fault , shall never entitle himself by the mere reputation of a marriage , without right . In this case it was urged , that this marriage was not a mere nullity , because by the law of nature , the contract was sufficient 5 and though the positive law ordains that marriage shall be by the

    priest , yet that makes such a marriage as this irregular only , but not void , unless the positive law had gone on , and ordained it expressly to be so . Vide Mo . 169 , 170 . Bract , lib , 4 , C . 8 , 9 . 3 Jas . J ., C . 5 , 13 . But the Court ruled ut supra . And a case was cited out of Swinburne , where such a

    marriage was ruled void . And an act of parliament was made to confirm the marriages contracted during * the Usurpation , viz . 13 Car . II ., C . 35 ; and the constant form of pleading marriage , is , that it was per Presbyterum Sacris Qrdinibus const itutum" Salkeld , 119 .

    It is added by Read , Tit . Marriage , " that the Act © f the 7 and 8 William , C . , seems to put this matter out of all doubt , which lays a penalty on clergymen in orders , if they celehrate marriage in a clandestine manner : for if the same -

    privileges and advantages attended marriages solemnized by the Dissenters , as those celebrated according to the CJiurch of England , how eaaily would that act be evaded , or rather , tendered of no effect I There would then be no occasion for licence or banns j for making : oath or giving security that there were no legal

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    History and Present State of the Law relating to Marriage . J 77

• Citation
  • Monthly Repository (1806-1838) and Unitarian Chronicle (1832-1833), March 2, 1819, page 177, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/mruc/issues/vm2-ncseproduct1770/page/41/