SECOND READING. (Hansard, 19 March 1872)

§ LORD ROMILLY,
in moving that the Bill be now read the second time, stated that it had already passed the other House of Parliament. The object of the measure was to amend the law with regard to the marriages of those who professed to belong to the Society of Friends. Quakers' marriages were omitted from the 26th George II.; but they were sanctioned by the Act 6 & 7 Will. IV., c. 85, in cases where both parties were members of the Society of Friends. By 233 the 23rd & 24th of Her present Majesty, c. 81, this restriction was removed, and marriages might be solemnized according to the usages of the Society, not only in the previous cases, but in cases where one only, or where neither of the parties to the marriage should be members of the Society; but with the proviso that the party or parties who should not be a member or members of the Society, should profess with or be of the persuasion of the Society. As this proviso, however, limited the relief proposed to be given by the Act, in order that it might be made fully effective this Bill proposed to repeal it. The Society of Friends had religious ceremonies of their own, according to which they desired their members to be married, and they objected to marriages before the Registrar. But a considerable class of persons, who approved of the ceremonies of the Society of Friends as regarded marriage and some other matters, but who did not entirely profess with the Society, were excluded by the law as it now stood from being married according to their ceremonies. As, however, it was obvious that evils might arise from the Bill as it stood without any safeguards from abuse, he would not have consented to introduce this measure unless it had been agreed that it should be amended in Committee, by requiring that, in addition to the particulars already required by law, the registering officer of the Society should add a certificate under his hand that the parties to such marriage were persons duly authorized under the rules of the Society to solemnize their marriage according to the usages of the Society, and this certificate should form part of the register of such marriages; and that without such registration the marriage should not be valid.

§ LORD CAIRNS
said, he was afraid this Bill would still further widen the gap that at present existed in our marriage law. This was a proposal to permit persons who, up to the day of their marriage, had no connection whatever with the Society of Friends to get married according to the forms of that Society. Although the Bill appeared to be a small one, and to concern a body which was not numerous, still he asked their Lordships to consider whether by passing 234 it they would not be opening the door to an alteration of the whole marriage law as relating to all persons who were not members of the Church of England.

§ LORD ROMILLY
explained that marriages according to the forms of the Society of Friends were celebrated only in solemn assembly, according to express form, after careful inquiry. The Society of Friends had their own registrar, who registered the marriage; and, if the clause which he proposed to introduce was adopted, the entry of the marriage made by the registrar of the Society of Friends must afterwards be sent to the regular registrar of the parish.

§ THE DUKE OF RICHMOND
asked whether parties who were not members of the Society of Friends could not be married in those solemn assemblies? The Bill would seem to give no guarantee that the parties contracting the marriage must be members of the Society of Friends, and if such a measure were passed other Nonconformist bodies might come forward and claim to have the same privilege extended to them.

THE BISHOP OF LONDON
asked what security there was that those who were not members of the Society of Friends might not avail themselves of the privilege?

THE LORD CHANCELLOR
was prepared to support the second reading of the Bill, subject to the alteration which the noble and learned Lord (Lord Romilly) had described, and also to any other alteration which might be necessary. There appeared to be a desire on the part of some people holding peculiar religious opinions to superinduce a religious service upon the civil ceremony of marriage.

§ LORD ROMILLY
was understood to say that at present he believed those marriages were registered only by the registrar of the Society of Friends.

§ LORD CAIRNS
suggested that the debate should be adjourned, to enable the noble and learned Lord who had charge of the Bill to frame safeguards that would obviate objections.

§ LORD ROMILLY
pressed his Motion for the second reading of the Bill in the form in which it came from the other House; but promised not to go into Committee upon it until it contained all the proper clauses.

§ LORD CHELMSFORD
recommended the adjournment of the debate.