Lords Sitting of 23 May 1808

MARRIAGE INDEMNITY BILL.
On the motion of the bishop of Exeter, the house went into a committee on the Bill for rendering valid certain Marriages solemnized in certain churches and chapels where bands could not legally be published. The blank for the day up to which such marriages are to be legal, was filled up with the 23d of August, 1808.
Lord Redesdalethought the clause for indemnifying the clergymen solemnizing such marriages objectionable, though he should not oppose it upon the present occasion. An intimation of an intention to oppose such clauses in future might perhaps have the effect of preventing the solemnization of these marriages.
The Archbishop of Canterburyobserved, that the necessity for these bills arose out of the very different provisions which applied to different churches and chapels, in some of which marriages were allowed to be solemnized and in others not. From the previous habits of clergymen, many of them could not be supposed to be acquainted with these legal distinctions, and

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were thus unintentionally led to solemnize illegal marriages. Another cause also arose out of a clause in the Marriage act passed in the last reign, which declared all marriages illegal that were solemnized in any church or chapel in which bans were not then published. This was the great cause of these illegal marriages being solemnized, many clergymen not being aware of the distinction. He was afraid no effectual remedy could be applied, although every means would be used for that purpose, unless the legislature were to make a general enactment, declaring in what churches and chapels should now be legally solemnized.
Lord Redesdalethought the suggestion might be carried into effect, by means of a clause in the present bill.
The Bishop of Oxfordtook an opportunity of mentioning the abuses that were practised with respect to the publication of bans, by means of parties taking a fictitious lodging in a parish different from that in which they resided, and having the bans there published. He knew of many very improper marriages which had taken place in consequence of this abuse, which he had in vain endeavoured to remedy.
The Lord Chancellorobserved that it was the opinion of lord Thurlow, that the clergyman in such a case might be indicted for a temporal offence, it being the meaning of the law that the bans should be published in the parish where the parties dwelt, and it also being the duty of the clergyman to make inquiry as to that fact; although such marriages, being in themselves legally solemnized, were undoubtedly good.
After some further conversation, it was agreed to postpone the report till an amendment suggested by the lord chancellor, to compel the registers of these churches and chapels to transmit duplicates of the registry to the ordinary should be prepared. The house resumed, and the report was ordered to be received on Wednesday.