282 
Sir John Nicholl recapitulated 
the facts of the case which, he 
observed, were fully and fairly 
set forth in the libel. It appeared 
that two persons, fully and legally 
competent to contract matrimony, 
make the proper application for 
that purpose in the parish church 
where they reside. The parish 
church being under repair, and 
no divine service in consequence 
performed in it, a publication of 
bans there was impossible, be- 
cause the purpose of it could 
not be answered. The publi- 
cation was therefore made where 
its object cculd be effected, viz, 
in the church of an adjoining 
parish, resorted to by the pa- 
rishioners of this, but the mar- 
riage took place in the church of 
the regular parish, it being in 
a sufficient state of repair for 
that purpose, though _insoflici- 
ent for the bans; and the ques- 
tion was, whether the mar. 
riage was valid or void, a ques- 
tion certainly of great import- 
ance. The case was entirely new ; 
there could be no doubt of the 
marriage being valid before the 
passing of the Marriage Act, and 
the question therefore was, whe- 
ther it was made void by that act, 
The clause recited did not make 
it void, in express terms, but only, 
as was contended, upon a soung 
construction of it, with reference 
to the rest of the act. This clause 
containing no enactment of nul- 
lity, and there being others which 
did, the inference was, that no 
nullity was intended by it; but 
the Court did not form its opinion 
upon that consideration alone. It 
might be weighty, but leading to 
difficulties ; and it was not neces- 
sary to say whether bans at York 
ANNUAL REGISTER, 1815. 
and a marriage in London, might 
or might not, if bona fide, be good. 
The title of the act was, * for 
the better preventing clandestine 
marriages.”” This was its sole 
object; but in the present case 
the marriage was any thing but 
clandestine ; there existed no im- 
pediment to it; there was nothing 
either to evade or avoid; but all 
was done publicly, and 20 years 
afterwards a nullity is sought for. 
There are, probably, hundreds of 
marriages of this description in 
other parishes, and in different 
parts of the kingdom. The pro- 
ceeding was therefore of a most 
momentous nature ; affecting, in 
its consequences, the comfort and 
situation in society of so many in- 
dividuals thus circumstanced, and 
the rights of children emanating 
from such a state of things. This 
was a case not within the spirit 
of the law ; no doubt as to its va- 
lidity had been excited; if there 
had, an application would proba- 
bly have been made to the legis- 
lature, and an Act passed to re- 
medy it; but it was highly impro- 
per to resort to the legislature ex- 
cept in cases of urgent necessity, 
Nothing but the most imperious 
demand of judicial interpretation 
could induce the Court to hold 
such a marriage void, and it had 
no hesitation in saying, that all 
the legal requisites had been com- 
plied with. It had been truly 
said, that Courts must only inter- 
pret, not make lgws; and meet, 
but not create. doubts. The law 
did not require: impossibilities ; 
and it was therefore not to be pre- 
sumed, that the legislature meant 
to introduce provisions leading to 
such. a demand. . There.could be 
no bans in Newington because 
