IS 16.] ■ Publication of Banns 



It is to be wished that somebody, having 

 the mcaus, Mould <!ike the tremble of 

 briefly stating the substance of the aigu- 

 iiicnts, pro and con, that have appeared 

 of late in Ihe public: papers. 'J'iiis might 

 riiabic some of your correspondents to 

 investigate the matter more at large, 

 aud uitli better chance of its being 

 properly handed down to posterity, than 

 ill such ver^ fugitive records. 



LONDINENSIS. 



7b ihe Editor 0/ t/ie Mmdlihj Magazine. 



SIR, 



IX the last number of your valuable 

 miscellany, a correspondent, under 

 the signature of W. P. enquires whether 

 a clergyman possesses the discretionary 

 power of discontinuing to publish the 

 banns of marriage, or of refusing to so- 

 lemnize the nuptials, should an injured 

 person forbid the banns, on account of 

 his or her liaving received a previous 

 promise of marriage from one of the 

 parties desirous of entering into the ma- 

 trimonial state. In answer to this en- 

 quiry, I beg leave to inform W. P. that 

 110 clergyman can legally refuse to pub- 

 lish the banns, or to solemnize the mar- 

 riage, unless some impediment, ground- 

 ed upon the authority of an act of Par- 

 liament, be alk'dged as an objection 

 against it. The mere breaeh of pro- 

 mise, referred to in the Icltcr of your 

 correspondent, can never be deemed a 

 sufficient reason for the clergyman's de- 

 clining to proceed to the celebration of 

 the marriage. Previous to the act of the 

 26tli Geo. ii. c. 33, being passed, the ec- 

 clesiastical court had certainly power to 

 enforce the performance of a marriage 

 contract, when it was per verba de pre- 

 xenti, by excommunicating the party 

 refusing; and, if that sltpuld not have the 

 desired «'fi'eet, a writ de excnntmunicato 

 capiendo could be obtained, on vs'liich 

 the disobedi' nt party might be iiripri- 

 SMued until he or she submitted to obey 

 the monition of tlie coin t ; but, as to a 

 person who had coiitra(;tcd espousals 

 only per verba de fntiiru, no excommuni- 

 cation took place for breach of such a 

 contract, unless some act equivalent to 

 matrimony had taken place : now, how- 

 ever, by the 13th section of the statute 

 above-mentioned, it is elt ar that no suit 

 or proceeding can be had in any eccle- 

 siastical court, in order to compel a ce- 

 lebration of any marriage iny«ci^ eccle- 

 site, bj rcjison of any contract of matri- 

 mony, whether ;jcj- cerba de prencnti, or 

 per verba de fiUttro ; and tL; only rc- 

 iwtdy whicL the injured party c aw have, 



Species of Variegated Grnss. 219 



is to commence an action on the case, 

 for the damages sustained by reason el' 

 the breacli of contract. 



It, therefore, appears to be evident, 

 that a marriage is good and valid in law, 

 notwithstanding one of the parlies may 

 liave previous!}' entered into an engage- 

 ment to marry another; and, conse- 

 quently, no (.lergyman can legally refuse 

 to publish the banns, or to solemnize 

 the marriage, unless a more substantia 

 objection than that of a previous pro- 

 mise is alledged ; and, in case a clergy- 

 man should postpone a marriage, solely 

 on account of having recei\ed notice 

 tl1.1t such a previous promise had been 

 made, I have little doubt but that aa 

 action on the case could be maintained, 

 and damages recovered, against him, for 

 the injury and disappointment which 

 the parties, who might be desirous of 

 entering tiie conjugal state, nnist neces- 

 sarily have sustained; and (irobably the 

 Court of King's Bench, if ap|)licd to for 

 the purpose, would grant a mandamus 

 to com|)el tiic clergyman to do his duty. 

 The cases in which a minister ought to 

 desist from publishing the banns, :uid 

 solemnizing the marriage, after notice, 

 appear to be those of parties related to 

 each other within the Levitical degrees, 

 and of minors desirous of marrying 

 against the consent of their j)arents or 

 guardians ; in such cases, it is certainly 

 the bounden duty of the clergyman to 

 desist from any further proceedings 

 until the alledged impediment has 

 bc«n investigated and cHeetually t©- 

 movad. Beauchamp. 



Chelmsford; Avg. 9. 



To the Editor of the Monthly Magazine. 



SIR, 



SOME years ago I observed, on tlio 

 side of a public road near to this 

 town, a specimen of variegated grass; 

 it has, to the present time, been culti- 

 vated in the garden, and the variegation 

 appears to be permanent. From th« 

 appearance of the foliage, when irtlro- 

 duced into the parterre, or miNcd villi 

 other turf, the name of " hoary grass," 

 as a temporary distinction, has been 

 bestowed upon it. 



The characters agree with those of 

 • agrostis vulgaris, or nigra, in 



" Ki.app ill! (Jrasses," plate xxvi.; wi(l» 

 the addition oi variegata, and likewise 

 of gcnienlata. 



Perhaps some of your numerous 



readers may have the goodness to give 



an opinion whether the single circinn- 



staucc of permanent varicgalioti be sutli- 



Fr2 ciciU 



