Lords Sitting of 17 February 1823

MARRIAGE ACT.—
Several petitions were presented, complaining of the clause in the new Marriage act, which took away from peculiars the privilege of granting marriage licences.
Lord Ellenboroughobserved, that with regard to this point, no information had been given to the House either by learned lords, or by the right rev. bench, and thus the House had been induced to agree to a clause in the act of last session, taking away from peculiars the right of granting marriage licences without being aware of the extent of the inconvenience thus created, or the vested rights with which they had thus interfered.
Lord Redesdalesaid, he took the blame of the clause to himself. The fact was, that he was not aware of the number of peculiars having the right of granting licences, nor was it, he believed, at all known in the House.
Lord Stowellobserved, that though immediately connected with the administration of justice in the ecclesiastical courts, he was not at all aware of the number of peculiars having the right of granting licences, nor was it known to the right rev. bench, it not coming at all under their cognizance.
Lord Ellenboroughhoped there would be no objection to restoring the rights of these peculiars, founded as they were upon immemorial usage.
Lord Stowellsaid, he had no objection to a clause of that nature.
The Earl of Liverpoolsaid, he would not pledge himself upon this question, without knowing more of the nature of these peculiars.
Lord Redesdalewas of opinion, that none of the rights of these peculiars could be of older date than the Reformation, and it was doubtful whether some of them would bear the test of inquiry, or whether the exercise of them had not been assumed in consequence of grants of property to ecclesiastical corporations or individuals.
The Lord Chancellorwas apprehensive, that in some of those jurisdictions called peculiars, licences had been granted, which were not legal, before the parties were aware of the operation of the act of last session; and though he had felt it a painful duty to oppose the retrospective clauses in the act of last session, he should be perfectly ready to agree to a retrospective clause, for the purpose of giving a legal effect to the licences so illegally granted, in order to prevent the unhappy consequences that might otherwise arise, with regard to the marriages solemnized by virtue of such licences.
Lord Stowell,with the view of framing a measure that should be generally and clearly understood, moved the appointment of a committee, to consider the present state of the law regarding marriages, and whether any and what amendment ought to be made therein.
The motion was agreed to, and a committee appointed.

AUSTRIAN LOAN.—
Several petitions were presented, complaining of Agricultural Distress.
The Marquis of Lansdownsaid, he thought it a fit opportunity, when petitions were presented, complaining of distress which unfortunately was but too well known to exist, to ask a question of the noble earl opposite, regarding a large sum of money which had, for a considerable period, been due to this country. There was but too much reason to complain of the sums which had been lavishly wasted during the progress of the war, and in particular of one large advance to a continental power, which ought to have been long since repaid. He alluded to what had been called the Austrian Loan. It had been understood last session, that a negociation was to take place respecting

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this loan, at the congress of Verona. Now, as that congress had been for some time broken up and dissolved, he wished to know from the noble earl whether an arrangement had been agreed upon, which held out any hope of the repayment of the loan.
The Earl of Liverpoolsaid, that the Austrian loan being merely a transaction between the government of this country and that of Austria, could not become a subject of discussion, either at the congress of Vienna or of Verona. It was true, however, that a noble friend of his had intimated in the last session, that a negociation was in progress with the court of Vienna upon this subject; and he had no hesitation in saying, that the principle of an arrangement for the repayment of the loan had been agreed to by the Austrian government. He trusted he should soon be enabled to announce, that the arrangement had been concluded.