LEAVE. FIRST READING. (Hansard, 9 May 1867)

§ MR. MONK

moved for leave to bring in a Bill to explain and declare the Law relating to the Publication of Banns of Matrimony, and to remove doubts as to the validity of Marriages in certain cases. He said, he felt himself placed in a position of some difficulty, for he did not pretend to conceal from himself that he was undertaking a duty which came within the province of the Government rather 363 than of a private Member. So strongly had he felt this that he had on two or three occasions called the attention of the Government to this important question, in the hope and belief that they would bring in a Bill to remove all doubts on this subject. It was with considerable regret, therefore, that he learnt from the right hon. Gentleman the Secretary of State for the Home Department that it was their intention to refer the question of the Publication of Banns to a Royal Commission, to be appointed to inquire into Ritualism and other matters connected with the Rubrics, thus effectually shelving the question for two or three years. He hoped that the great importance attaching to the laws relating to matrimony, and to the validity of marriages, would be deemed a sufficient justification and excuse for him in bringing the subject before the House. In reference to a remark which he had made, and to which the Home Secretary had taken exception on Monday last, he wished to explain that it was far from his intention to assert that all marriages solemnized without due publication of banns were null and void. His object had been to draw the attention of the right hon. Gentleman—within the narrow limits allowed in asking a question—to the danger of marriages being invalidated when solemnized without due publication, and of a door being opened to fraud. He was ready to admit that it was immaterial at what period (if any) during Morning Service banns should be published; but it was most important that no doubt should be thrown upon the validity of marriages solemnized in the face of the Established Church. No delay ought to be permitted in setting the question at rest. The laws of marriage were regulated by the statute law of the country, and it was the duty and province of Parliament to place its own interpretation upon the laws which it had passed. At that early hour in the morning (half past one o'clock) he would not detain the House with any arguments on the case, but would reserve them for the second reading of the Bill, which he now asked leave to introduce.