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N.W.VIEW OF ST MARTIN'S, OR CARFAX CHURCH, OXFORD.

1819.] St. Martin's, or Carfax Church, Oxford, described. 201

so situated as to expose to the full

Mr. URBAN,
HE Church dedicated to St. Mar- view of the incomparable High-street

from its situation, as some suppose,
at the meeting of the four main
streets of Oxford, is a building of
small extent, yet of just and even
excellent proportions, and displays
some specimens of very ancient and
curious Architecture. (See Plate I.)
But alterations were rapidly effected
in the Pointed stile shortly after its
establishment at the beginning of the
12th century, which were practised
on the then existing structures, whose
importance did not require that their
proportions also should be adapted
to the new order. This is exhibited in
the building now before us, which con-
tains that variety and mixture of stiles
found, with very few exceptions, in
antient buildings. In the original un-
adorned walls of this Church, several
elegant alterations were made by the
substitution of spacious windows, with
beautiful and varied tracery, for the
chaste and plain lancet arches of the
12th century; a circumstance which
proves that the situation was occupied
by an elegant edifice till the corrupt
taste of the 17th century altered and
injured its form, character, and re-
Jative proportions. Succeeding times
have still more defaced this antient
structure; and amidst many injudi-
cious alterations and unnecessary di-
lapidations, only a portion of its ori-
ginally good architecture, variety of
form, and embellishments, appear un-
disguised or perfect. But in the opi-
nion of some persons its “antiquity,"
its “instability," the "mixture of its
architecture," its “dulness and inele-
gance, demand neither our admiration
Dor protection;" and because the "un-
skilful architects" of past ages appear
to have wanted both "taste and judg.
ment" in the planning as well as in the
execution of their buildings,-net
withstanding that the most antient
parts of this Church have stood six
centuries, it is to be destroyed, and
a structure of supposed incomparable
beauty, in a new stile, raised in the
improved taste of the present day *.

St. Martin's Church occupies the North-west angle of the intersection, or crossing of the two streets, and is

*On this subject see the remarks in p. 123. EDIT.

GENT. MAG, September, 1819.

which consists of three divisions, corresponding to the three ailes of the Church: these are separated into Nave and Chancel (an arrangement sufficiently apparent in the outside of the roof), with a Tower of good proportions at the West end. The introduction of the highly-beautiful architecture of the 14th century, observable in the principal windows of the East front, and in the whole of the South aile, and the alterations of the North, has removed only a small portion of the original antient edifice; for the entire East and North walls, with the lower half of the Tower, were doubtless built at the commencement of the 12th century: and those conversant with English architecture will discover in the very curious buttresses and Northern window of the East front, the remarkable square door + on the North side, and in the design of the Tower,-a peculiar character in the proportions, mouldings, and ornaments, belonging to that period, and not to a later. Nor is the masonry of this most antient work unworthy of remark: the East and North walls are nearly twice as old as that of the South aile, but are yet far more substantial and strong; and to the decay of the South wall and its being the most seen, must be chiefly attributed the fear of some accident, and the demand for a new Church.

The bold undertaking of opening spacious windows where only lancet arches were originally designed, has, in this Church, been executed with peculiar success; and their magnitude and beautiful tracery, particularly that of the great East window, excites no regret at these alterations, which in many instances have proved dangerous and mischievous. On the South side are three handsome windows, and between them, and a double tier of small windows, is the door, once a pointed arch, but altered in the year 1624 to a heavy Doric frontispiece. At the same time the pedi

+ The heads upon which the weather cornice of this door rests, and which were perfect a few weeks ago, have since been disgracefully, and, no doubt, intentionally,

mutilated.

ment

ment of the East end was deformed as it now appears, and the heavy clock and chimes placed by its side. The upper or clere story has four windows on the South, and the same number on the North side, where, in the aile beneath, are large windows, the most Western of them containing tracery like the elegant East window of the South aile. The Tower is without a door, but each side has a long narrow window spreading to a considerable width inside, where it is quite plain, and sufficiently massive to withstand a siege, if required. The upper story of the Tower is less antient; each side has a window, and the whole a parapet of carved blocks and battlements.

The architecture of the interior of this Church is very noble. The aisles are separated by three arches on each side, supported by octagonal columns, capitals, and bases, and are beautifully proportioned, very lofty, spacious and uniform.

The division of the body and chancel was formerly made at the most Eastern column of each side by a very elegantly carved wooden screen, portions of which still remain unobscured and uninjured; over this stood the antient rood-loft, but, together with the screen, this also was removed, except the canopy, which is a richlycarved oak cove, quite entire.

The roof of the nave is antient, subdivided by arches and ribs, the whole of it painted, and the cornice ornamented with shields and arms.

At the West end of the body, before the arch of the tower, aud between the two entrances to the Church, stands the font, raised on a step. Its form is octagonal, with a nich and figure in each face; at the angles are pannelled buttresses, and on the parapet quatrefoils and shields. In Oxford there are a few more antient fonts, but certainly none more curious, notwithstanding that, between wanton injury and the white-wash of centuries, it is much defaced.

The absence of neatness, and consequent gloominess, of the interior of this Church, and above all, the useless bulk of the galleries, and illdisposed cumbrous pews which occupy much more room than is uecessary, are among the objections to the present building, but these may be remedied without the demolition

of an interesting edifice. The architecture cannot be considered unsightly, but the fittings are so in the extreme; and if the walls are crippled, the well-known causes are, the dilapidations of the foundations by graves, and the weakening of the columns to make room for monuments. Still as these injuries come within the power of substantial repair, let it be hoped that respect and veneration for the works of our ancestors will preserve this Church among the other edifices of Oxford, the Palmyra of English Architecture. ANTIQUARIUS.

Mr. URBAN,

Aug. 31.

Tlidity of Marriages solemnized

HE question relating to the va

in a Church or Chapel built and consecrated since passing the Marriage Act in 1753, is of so great importance, that it deserves to be very seriously considered, and I know not where it can be better canvassed than in your pages, which circulate so widely amongst the Clergy. Your Correspondent who signs an "Old Surrogate," in p. 130, does not appear to me to have thoroughly investigated the matter. With your leave then, I wish to submit the following observations, though I am sorry they will take up so much room.

In the case of the King and Northfield, reported in Douglas's Reports, and referred to by your Correspondent, it was solemnly decided by Lord Mansfield and the Court of King's Bench, after full consideration, that such marriages were void. There is a note at the bottom of the page which may mislead those who do not particularly attend to the expression, and turn to the Acts themselves, as it merely says that it renders marriages valid which had been solemnized therein-the words "had been,” being in italics.

Mr. Christian, in his notes on Blackstone, mentions the Act of the 44th, but not that of the 48th of the King.

Mr. Stockdale Hardy quotes both, and expressly states that all marriages in such new Churches or Chapels since 23 Aug. 1808, are void.

Neither of these Gentlemen take any notice of the difficulty which may occur in proving such marriages, though the Acts declare them valid, if the Registers have not been properly disposed of according to

those

1819.]

On the Validity of certain Marriages.

those acts, as I shall mention by and by.

After this solemn adjudication, let us see what has been done by the Legislature to remedy the evil.

By an Act passed in 1804 (44 Geo. III.) intituled," An Act to render valid certain marriages solemnized in certain Churches and Public Chapels in which Banns had not been usually published before passing the Act 26 Geo. II." reciting, that since passing what is known by the name of the Marriage Act of 26 Geo. II. (1754) for preventing Clandestine Marriages; and an Act of 21 Geo. III. (1781) for rendering valid certain marriages solemnized in certain Churches and Public Chapels in which Banns had not usually been published before or at the time of passing the Marriage Act, divers Churches and Chapels had been built and consecrated, and marriages had been solemnized therein since passing the last mentioned Act; but by reason that in such Churches and Chapels Baons had not usually been published before or at the time of passing the Marriage Act, such marriages have been or may be deemed to be void. This Act (44 Geo. III.) enacts that such marriages solemnized before 25 March, 1805, in such Church or Chapel erected since the Marriage Act, and consecrated, shall be valid.

The Ministers are indemnified. The registers of such marriages, or copies thereof, shall be received in evidence, in the same manner as registers of Churches or Chapels before the Marriage Act, saving such objections as might have been made to copies of other registers.

Sect. 4. The Registers of such Chapels, in which the marriages are thereby declared valid, shall within 14 days after 25 March, 1805, be removed to the Parish Church of the Parish in which such Chapel shall be situated, (or if an extra-parochial place, to the Parish Church next adjoining,) to be kept in like manner as registers are to be kept by the Marriage Act. This Act was passed 14 July, 1804.

Another Act was passed in 1808 (48 Geo. III.) intituled as that passed in 1804, reciting the Marriage Act, and those of 21 and 44 Geo. III. and it is thereby enacted,

203

That Marriages solemnized before 23 Aug. 1808, in any Church or Chapel duly consecrated, shall be validthe Ministers indemnified, and a similar clause as to receiving copies in evidence. Sect. 4. The Register of Marriages solemnized in such Chapels, which are thereby declared valid, shall within 30 days after the said 23 Aug. 1808, be removed to the Parish Church of the Parish in which such Chapel shall be situated, or if extra-parochial, to the next adjoining, to be kept with the Parish Registers, as by the Marriage Act.

And this is further added, which is not in the former Act;

That within 12 months after the removal of such Registers to such Parish Churches, two copies shall be transmitted by the respective Churchwardens of such parishes to the Bishop of the Diocese, or his Chancel lor, subscribed by the hands of the Minister and Church-wardens of such parishes, to the end that the same may be faithfully preserved in the Register of the Bishop. This extends to the Registers of new Chapels only, not to new Churches. This Act was passed 30 June, 1808.

By the Act of 1804, we see that since passing the Marriage Act in 1754, and the Act of 1781, which was intended to apply some remedy to a mischief then become apparent, new Churches and Chapels had been built and consecrated, and marriages solemnized therein; therefore this Act was passed in 1804, to make valid marriages which had been, or should be solemnized therein before 25 March 1805-if then any marriages were solemnized therein after 25 March, 1805, they were wholly void, according to the decision of the Court of King's Bench.

No directions were given by this Act as to the publication of it, and it may fairly be presumed, that very few of the Clergy ever heard of it, and that marriages were continued in such new Churches and Chapels.

Bishop Horsley, in a Charge to his Clergy in the diocese of St. Asaph, notices the invalidity of such marriages, and tells his Clergy that it could not be expected they should know all Acts of Parliament that were passed, still less that they should buy them, and that some

of

of their houses would hardly hold them.

He promoted the Act of 44 Geo.

III. 1808, which Act is nearly the same as that of 1804, except that being passed 30 June, it limited the time in which marriages might be celebrated after the passing of it to 23 August then next, only 54 days, the former Act giving eight months, namely, from July 1801 to March 1805, which time it appears by the passing of this Act had not been sufficient.

In this latter Act the Bishop obtained a clause that marriages in one new Chapel in his diocese might be celebrated at all times thereafter. Why this liberty was not made general, I cannot account for.

And there is in it an additional clause as to the Registers of such new Chapels, that after being carried to the Parish Church, two copies shall be transmitted to the Bishop.

But if any such Chapel Registers have not been sent to the Parish Church, how are Certificates to be obtained for proving the marriage, if any question should arise on it? and neither of the Acts provides for the Registers of new Churches how then are their marriages to be proved?

It is much to be regretted that provision was not made for sending copies of these Acts to every parish ; and it is highly to be wished that the Bishops would direct their Officers to inquire throughout their dioceses what new Churches or Chapels there are; whether the Chapel Registers have been duly sent to the Parish Church, and copies duly returned to the Bishop; and whether any marriages have been solemnized in such new Churches or Chapels since 23 Aug. 1808.

This is not an idle inquiry; it may be of the most material consequence to families that little think of it— there is no saying what may be the extent of the mischief—and if it shall turn out that such marriages have been solemnized since 23 Aug. 1808, or Registers not duly transmitted, surely the Legislature would readily apply an effectual remedy before any particular case has been brought into à Court of Law, when, as to that case, it is presumed no post facto law could relieve the parties. Z. A.

Mr. URBAM, London, Sept. 1. Taccompanying paper, on the Physiognomy of Hand-writing, owes its origin to a curious little work, printed (I believe, for private circulation) at Paris, from which the thoughts were for the most part derived. It was furnished for the purposes of the Editor of a contemporary journal, several months ago; but on his retirement from the conduct of the Magazine, it was, in common with other contributions of his friends, of course, withdrawn. I have, however, since observed an article, professing to come from the present Editor of the Magazine in question, in which not only many of the ideas, but occasionally the words of the present Essay were adopted. It is hardly of sufficient importance to have called forth this explanation, since it is little better than a hasty translation, were it not necessary to account for its being in part antici pated in the contemporary journal alluded to. The remainder of the Essay, which fortunately has never been in the possession of the parties, I shall forward you for a future Number.

ON PHRENOLOGY,

R. S.

OR THE ART OF DECIDING UPON THE HUMAN CHARACTER BY THE

HAND-WRITING.

NOTHING is so difficult to acquire as a knowledge of the character of man,-the power of penetrating to his inmost thoughts, and of discerning that which, having no material existence, is of course imperceptible to the senses. The free communication of our ideas is, it is true, afforded us in the faculty of speech-a medium of making known our own sentiments, and of becoming acquainted with those of others, which has appeared so difficult of invention, that even the greatest philosophers have considered it as a property derived directly from the Divinity. The tongue, however, is not the only means by which MAN is enabled to give expression to his feelings. The various motions of his body, usually denominated gestures, taken in the most extensive sense, constitute what may not unaptly be termed, the language of action. When we speak, we are always under the influence of the will; but this is by no means the

case

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