HL Deb 24 February 1842 vol 60 cc975-7
Lord Brougham

had also to present several petitions from Presbyterian congregations in the counties of Antrim, Down, and Tyrone, and in several other places in Ireland, praying for some legislative enactment for legalizing the marriages of Dissenters with members of the Established Church. The whole of these petitioners expressed the greatest anxiety at the recent decision of the learned judges in Ireland against the legality of those marriages, and it was very natural that such anxiety should be felt on the subject. He had seen what he believed to be a correct note of the grounds of the decision to which the judges had unfortunately come on this question, and though he feared to express any opinion which might be held adverse to the decision, yet it was no departure from that courtesy which he sincerely desired to observe towards those learned persons, he said, that those reasons had faHed to satisfy him. The feeling which he entertained on the question was not confined to himself alone. It was shared by others who had duly considered the subject. The decision, he must say, was the more to be lamented, as the question was raised in a shape which made a revision of it by any other tribunal impossible.

The Marquess of Clanricarde

said, that the late decision of the Irish judges was directly opposed to the opinions given on the same question in 1816. On that occasion the late Sir S. Romilly referred to the case of a gentleman who was convicted of bigamy about that time, one of the marriages having been celebrated by a Presbyterian clergyman, and between a Presbyterian and a member of the Church of England. The case was then submitted for the opinion of the law officers of the Crown, Sir William Garrow and Sir Samuel Shepherd, and they were decidedly of opinion that the marriage was perfectly valid. In that opinion Lord Eldon was known to have fully concurred, and the sentence of the court, of transportation, was carried into execution on the convicted party.

Lord Campbell

was desirous of again calling the attention of his noble and learned Friend on the woolsack to the subject to which the petitions which had just been presented to the House referred. His noble and learned Friend was aware of the intense anxiety which was felt by a large class of persons upon the subject. He had lately received several communications relative to the painful situation of parties affected by the decision of the Irish judges. No doubt had existed for many years but that marriages contracted under the circumstances in question were perfectly valid. He would express a hope not only that the Government might at the earliest opportunity introduce a bill to remedy the evil, but that his noble and learned Friend on the woolsack would introduce the bill into that House in the first instance. It appeared that the House of Commons was engaged, night after night, with subjects of great public importance, which prevented them from turning their attention to the subject; and be was of opinion that it would be found much more convenient to introduce the bill immediately into that House, and he earnestly hoped that his noble and learned Friend would adopt that course.

Lord Brougham

said, he most strongly concurred in recommending to his noble and learned Friend on the woolsack to bring the measure forward in that House rather than in the House of Commons. He would beg to remind his noble and learned Friend that he had on a former occasion concurred with him in complaining that their Lordships were left in the early part of the Session for many weeks with scarcely anything to occupy their attention, and that towards its close a heap of business was thrown upon them, a great part of which was thrown over to the next Session for want of time in which to give it that due consideration to which it was entitled. In the state in which business was now before the House, their Lordships could give full attention to the measure, if his noble and learned Friend should introduce it there.

The Lord Chancellor

said, it was not his intention at that moment to say a single word as to the law of this question. He would only observe that the Irish judicial bench was never filled by lawyers possessed of more legal knowledge than at the present moment. The question as to those mixed marriages had been ably argued before it, and full time had been given for its due consideration before its decision was pronounced. With respect to the question put to him by his noble and learned Friend (Lord Campbell), he would say, that a bill on the subject referred to had been prepared, and was at present before the law officers of the Crown, as it related to a very delicate subject. Whether the measure to be introduced should be brought in first in that House or in the House of Commons was a matter not yet decided; but if it should be decided to have it brought in the first instance before their Lordships, as little delay should be allowed to intervene as possible.

Petitions laid on the Table.