SECOND READING. (Hansard, 4 August 1870)

LORD DUFFERIN
, in moving that the Bill be now read the second time, said, that by the Act of last Session, by which the Irish Church was disestablished, it was enacted that after the 1st January, 1871, all jurisdictions of all existing Courts in Ireland, whether contentions or otherwise in any cause, suit, or matter, matrimonial, spiritual, or ecclesiastical, or in any way arising out of the Ecclesiastical Law of Ireland, should cease. It had therefore become necessary to make some provision in regard to suits pending at that date; for enforcing decrees already made; to provide for the due administration of the law in respect of matrimonial causes; and, further, to amend the law relating to marriages in Ireland. The present Bill, therefore, instituted a new Court to be called the Court for Matrimonial Causes and Matters; of which Court the Judge of the Court of Probate was to be the Judge, with authority to hear and determine all matters arising therein. To this Court all causes now pending were transferred, and to it power was given to enforce all decrees or orders previously made. An appeal lay from the Court to the Court of Appeal in 1515 Chancery, and thence to the House of Lords. With regard to the amendment of the Marriage Law in Ireland, the Bill provided for the celebration of marriages between persons both of whom were Protestant Episcopalians, in the churches and chapels in which they might be lawfully solemnized before the passing of the Irish Church Act, or in any church or chapel to be hereafter duly licensed; and provision was made for the due registration of such marriages. Marriage licences might be issued by the heads of the different Protestant denominations in all cases where the parties were both members of the same denomination as the authority issuing such licence. With regard to "mixed" marriages, all former restrictions were swept away, and hereafter, provided certain conditions were observed, a marriage might be lawfully solemnized by a Protestant Episcopalian clergyman between a person who was a Protestant Episcopalian and one who belonged to another denomination, and by a Roman Catholic clergyman between a person who was a Roman Catholic and one who was not a Roman Catholic. Provision was further made for the contract of marriage before the Registrar between persons of any denominations, certain precautions being preserved.

§ THE MARQUESS OF SALISBURY
said, that this reform ought to have been made long ago. He wished to call the attention of the noble and learned Lord on the Woolsack, who recently stated that there were substantially only two denominations in Ireland, to the fact that this Bill enumerated about a dozen.

LORD DUFFERIN
said, that the Chief Secretary had been in communication with the Master of the Rolls as to the future custody of records now in the hands of Irish ecclesiastical authorities; but there was no immediate necessity for dealing with the matter. It was thought better, after further inquiry, to legislate with regard to all documents requiring to be placed in proper custody.