ponderance of legal decisions is in favour of the view of the first, we must take it as the law of the country north of the Border. Let us consider a few of the results that flow from this state of things. Secret writings between man and woman, known only to themselves, operate as constituting a valid marriage; though the nature of their relations to each other be kept secret, and the persons do not cohabit as man and wife. Words of present matrimonial consent exchanged between a man and a woman who has lived with him as his mistress, will constitute a valid marriage, giving the woman rights of wifehood, and legitimating the children previously born. Writings proving a promise, subsequente copula, will invalidate any later marriage, however solemnly contracted, and however secret the previous promise and the subsequent intercourse may have been kept. Consent is not essential to marriage; and there may be a marriage by promise, subsequente copula, where, in point of fact, consent has never been interchanged, and where the parties do not know that the law holds them to be married.

The following scheme summarizes the chief points in which the laws of the three kingdoms show marked discrepancy from each other :

1. Consent of Parties.

Scotland. In irregular marriages the consent of both parties is not necessary where there has been a promise de futuro cum copula. [Leslie v. Leslie, 22 D. 993; Reid v. Lang, H.L. 14 May, 1823; and Sim v. Miles, 30 Nov., 1829.]

2. Publicity and Notice.

England. [a.] Marriage must be preceded either by publication of banns, special or common licence, or by Registrar's certificate or licence.

[b.] The clergy of the Established Church may require,

* Dalrymple v. Dalrymple, 2 Hagg. Cons. Rep. 54.

but cannot enforce, a seven days' previous notice before publishing banns, with information on certain points as to the names and residence of the parties.

Ireland. [a.] Roman Catholics can dispense with the licence or notice of residence.

[b.] The Episcopalian clergy are not empowered to make such requisition. The Presbyterian ministers, however, are compelled to require a six days' notice from the parties of such residence, &c., &c.

[c.] The surrogate is required to send a copy of every notice for a marriage licence as received by him and entered in his book to the incumbent of the parish, or of each of the parishes, if different, in which the parties dwell.

[d.] No exhibition of notice is required in the Registrar's office unless the marriage is to take place in it. Scotland. [a.] Regular marriages between persons of all denominations, if not preceded by Registrar's certificate, must be by the publication of banns in the parish church, i.e., the Established Church of the parish.

[b.] The session clerk of the parish requires a statement verified by a certificate of two householders, or an elder of the parish, that the parties or one of them have or has resided for six weeks in the parish, and are and is personally known to the householders or elder, &c., &c.

3. Publication of Banns.

England. [a.] Banns must be published on three consecutive Sundays.

Ireland. [a.] By Episcopal licence, Roman Catholics dispense with the publication.

Scotland. [a.] Banns may be cried thrice on one Sunday.

4. Presence of an Official at the Ceremony.

England. [a.] The presence of some authorised officer, religious or civil, as well as that of two witnesses, is required at the marriage ceremony.

[b.] The presence of a marriage Registrar is requisite in all cases where the marriage is not according to the rites of the Established Church.

Ireland. [a.] Roman Catholics do not require as a necessity two witnesses.

[b.] The presence of a of a Registrar is dispensed with when the marriage takes place at the meeting-house mentioned in the certificate or licence, and not in his own office.

Scotland. [a.] Mere consent of the parties is sufficient; and an authorised official or witnesses are not necessary to contract an irregular marriage. Indeed a marriage before a minister of the Establishment was set aside as a nullity, because there was no real binding intention of marriage between the parties. [Jolly v. MacGregor, 3 Wil. and Shaw 85.] A present interchange of consent between man and woman to become thenceforth husband and wife, openly or privately given, with or without witnesses, or subsequent acknowledgment, is a valid marriage.

A promise of future marriage, either written or confessed upon oath, cum copula, constitutes a valid marriage.

[b.] The presence of a Registrar is not needed in any case at a marriage on his certificate.

5. Time within which a Marriage must take place from Date of Publication.

England. [a.] Three months from date of last publication.

Ireland. [a.] Marriages of Presbyterians do not seem

limited as to their celebration within any particular

time from the last publication of banns.

Scotland. [a.] Same period as in England.

After the foregoing statement of the chief provisions of the Laws of the United Kingdom as to the preliminaries of marriage, and of the variances between them, we can properly pass on to discuss the desirableness of assimilating them, and of making a Civil ceremony of marriage compulsory. We cannot offer any opinion on this portion of our subject more terse and better expressed than that offered by some of the witnesses before the Royal Commission, and by the Commissioners themselves. Mr. Moncrieff,* said, "No one can doubt the excessive inconvenience of having different systems of constituting the most important of all social relations, prevalent in countries so nearly identical in character and interests, and so closely allied, both by ritual and political relations. The object of assimilation is important and desirable beyond doubt, but it is far from being easy of attainment." Mr. Boyd Kinnear† says, “A good general marriage law ought to embrace the maximum of simplicity and the maximum of certainty. Of simplicity, because it affects every class and almost every person. Of certainty, because it affects a contract and social relation, the most important that can arise between human beings, because it affects the foundations of society itself." Dr. Ball, now the Lord Chancellor of Ireland, also gives some valuable evidence on this point. He says that it is an important question to the Irish, to know what is the Scotch marriage law because the traffic and intercourse between the North of Ireland and Scotland bring the people of the two countries into close union, from which frequent marriages result. Though marriage without witnesses is easily contracted in Scotland, it is very difficult to prove in

the Courts there, because the oath of the contracting parties is not taken; but if one of the parties in a suit, say for restitution of conjugal rights, alleging a secret marriage per verba de præsenti selects an Irish tribunal, then he or she becomes at once a competent witness to prove the marriage. Dr. Ball proceeds to remark, "A marriage of this kind can be constituted equally between persons not domiciled Scotch, or domiciled Scotch, if the interchange of consent be in Scotland; so that the consequences of this facility of proof outside of Scotland are very extensive."

We are fully aware of the enormous difficulties that lie in the way of assimilation, and that a huge vis inertia must be first overcome. While legislating for the three kingdoms, it would be unfair and unwise to impose upon the other two the laws of the third. Although, on the whole, the English law may be better adapted for obtaining the proper publicity of marriage than that of Scotland or Ireland, it has serious defects, and in some respects is inferior in its preventive provisions to the Scotch. The English clergy complain that our present system of banns is a fruitful source of falsehood and deception. There is no effective means of checking marriages under the ordinary licence. As for Ireland there is a law for nearly every denomination, and the laws affecting Roman Catholic marriages are dangerous in their simplicity. It need hardly be said that the irregular marriages of Scotland should be made impossible. We must codify and simplify; taking the good out of each and making an intelligible and harmonious whole. The basis of such a code, we hold, must be a compulsory civil ceremony, as the one legal and valid method of contracting marriage. This civil ceremony must be one that from its surroundings against fraud and clandestinity should commend itself to the community. We uphold the sanctity of the nuptial bond, and think most strongly that if persons desire it, the blessings of Heaven should be invoked on the momentous step which they are taking at marriage; but marriage is a civil contract, and