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issued by the Registrar-General of Births, Deaths, and Marriages. Marriage outsi
de a
register office or registered building may now take place in certain other licen
sed
venues, such as stately homes.
marriage by religious licence A marriage in the Church of England based on
the grant of an ecclesiastical licence, rather than on publication of *ba=s. A
common licence may be granted if one of the parties swears an affidavit that he
believes there is no lawful impediment, that at least one of the parties has bee
n
resident in the parish for at least 15 days previously (or usually worships at t
he
church), and that (in the case of a minor) the consent of each parent with *pare
ntal
responsibility (or a person in whose favour a residence order is made) has been
obtained. If no caveat is issued against the grant of a licence, the ecclesiasti
cal judge
will grant a licence and the marriage may take place immediately. The Archbishop
of Canterbury may also grant a special licence authorizing a marriage at any tim
e
of the day or night in any church, chapel, or other convenient place (even if
unconsecrated).
marriage ceremony The ceremony creating the status of marriage. There are
four main types of marriage ceremony (excluding marriage in military chapels). I
n a
civil marriage, the ceremony takes place in a register office or other registere
d
venue, with open doors, in the presence of the Superintendent Registrar (who
conducts the ceremony), a registrar (who supervises registration formalities), a
nd at
least two witnesses. Under the Marriage Act 1983, housebound and detained person
s
may get married where they reside.
In a Church of England marriage, the ceremony usually takes place in church and
is celebrated by a clergyman in the presence of at least two witnesses according
to
the rite of the Book of Common Prayer (or any alternative authorized form of
service). A clergyman may refuse to solemnize the marriage of anyone whose
former marriage has been dissolved if the former spouse is still living, or whos
e
marriage would have been void for *affinity of the parties before the passing of
the
Marriage (Prohibited Degrees of Relationship) Act 1986. The marriage ceremony in
Quaker and Jewish marriages is governed by the rules of those religions and need
not be celebrated in a registered building, or by an authorized person, or in pu
blic.
All other religious marriage ceremonies must be celebrated in a registered build
ing
designated as a place of meeting for religious worship, with open doors, and in
the
presence of at least two witnesses and a registrar or previously notified author
ized
person.
marriage settlement A *settlement made between the parties to a marriage. A
settlement made before the marriage ceremony is called an antenuptial
settlement; that made after the marriage is a postnuptial settlement. The
purpose of a marriage settlement is to provide an income for one spouse or the

children, while securing the capital for the other spouse. The courts have power
when giving decrees of divorce, nullity, or judicial separation either to order
property owned by one spouse to be settled for the benefit of the other spouse a
nd
children or to vary the terms of any existing ante- or postnuptial settlement. T
his
power is often used to retain the use of the matrimonial home until the children
are independent, as well as to retain the parents' financial investment.
marshalling of assets A process in which the claims of different creditors are
directed towards different funds of the same debtor in an attempt to reach a fai
r
result. When there are two creditors and two funds, and one has a claim exclusiv
ely
on one fund but the other can claim against either fund, the rule of marshalling
requires the latter to claim against the fund from which the former is excluded.
The aim is, so far as possible, to allocate the assets so as to satisfy all the
creditors.
marshalling of securities An application of *marshalling of assets. If A
mortgages two properties to B and then mortgages one of the properties in additi
on
to C (who mayor may not know of B's mortgage) B,as first mortgagee, may obtain
his money from whichever mortgaged property he chooses. However, if he chooses
to obtain his money from the property mortgaged to C, C may if necessary obtain
his money from the other property. This right cannot be exercised when a
purchaser has obtained the property without knowing of the facts giving rise to
the
right to marshal.
Martens clause A clause that was included in the Hague Conventions of 1899 and
1907 by the Russian delegate, Friedrich von Martens (1845-1909), and has since t
hen
been included in many other treaties. It states that anything not proscribed by
the
regulations of the treaty will be subject to the international law and will ther
efore
not necessarily be permissible; it also allows the regulations of the treaty to
keep
pace with the consequences of modern developments in warfare.
martial law Government by the military authorities when the normal machinery
of government has broken down as a result of invasion, civil war, or large-scale
insurrection. The constitution of the UK does not provide for a declaration (wit
h
specified consequences) of martial law; it is no more than a situation capable o
f
arising. While the military authorities are restoring order, their conduct could
not
be called into question by the ordinary courts of law. After the restoration of
order,
the legality of their actions would be theoretically capable of examination, but
the
standards that would be applied by the courts are unknown. Martial law should no
t
be confused with military law (see SERVICE LAW); any courts held by the military
authorities to try civilians during a state of martial law would not enjoy the s
tatus
of courts martiaL
master n. 1. One of the *Masters of the Supreme Court or the Masters of
the Bench (see BENCHERS). 2. The person having command or charge of a vesseL
3. Formerly, an *employer. See alsoEMPLOYER AND EMPLOYEE.
Master of the Rolls (MR) The judge who is president of the Civil Division of the
*Court of AppeaL The office is an ancient one and was originally held by the kee

per
of the public records. Later the holder was a judge of the Court of Chancery and
assistant to the Lord Chancellor, with his own court, the Rolls Court. Since 188
1 he
has been a judge of the Court of Appeal only, but retains important duties in
relation to public records. He also admits solicitors to practice.
Masters of the Bench See BENCHERS.
Masters of the Supreme Court Inferior judicial officers of the *Queen's Bench
and *Chancery Divisions of the High Court. Their principal function is to superv
ise
*interim (interlocutory) proceedings in litigation and (especially in the Chance
ry
Division) to take accounts. By convention, Chancery Masters are usually solicito
rs and
Queen's Bench Masters are usually barristers. In the provinces a comparable
jurisdiction is exercised by *district judges of the High Court. See also DISTRI
CT
REGISTRY.
matching broker See STOCK EXCHANGE.