The letter of the Bishop of London published in the
Times of January 18th objecting to 'the issue by the Chancellor of licenses for the marriage of divorced persons, and conveying to that official his desire that no such licenses should be issued without the Bishop's personal ecrnsent in writing, has elicited a long reply from Dr. Tristram, Chancellor of the Diocese of London, in which the legal position is defined. Dr. Tristram points out that the Bishop had apparently forgotten conversa- tions held with him in 1903, as the result of which the Bishop agreed notto interfere with the-Chancellor's discretion in grant- ing licenses for the marriage of divorced persons, such licenses to be issued in his name, and not the Bishop's. Dr. Tristram goes on to show that under the Patent of 1872 appointing him Chancellor there is no reservation in favour of the Bishop as to the grant of marriage licenses; that he convinced Bishop Jackson in 1872 that he was bound under the Divorce Act to grant licenses for the marriage of divorced persons, whether innocent or guilty; and that from that time till 1903 no one except Father Black objected to the granting of such licenses. Dr. Tristram then proceeds to deal with the belief of certain Bishops that they can forbid the remarriage of innocent parties in a divorce suit. This, he points out, is founded on an assumption that marriage licenses are granted by Chancellors as a favour and not as a right,—an assump- tion negatived by the provisions of the only two Acts of Parliament concerned with the granting of marriage licenses. In conclusion he observes :—" Your Lordship appears to consider that, your Lordship's name as Bishop of London being used formally in proceedings in the Consistory Court, you are responsible for what is done therein, but you are no more responsible for it than a Sovereign is for the things done by the Judges under his name." In support of this view he quotes a decision of Lord CampbelL Dr. Tristram has since announced his intention of moving in the King's Bench Division against the Bishop of London unless he withdraws his claim regarding the issue of marriage licenses within a week.
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