The British Press; or, Morning Literary Advertiser.
London, England, 1819-06-17 00:00:00

MARRIAGE SERVICE.

Petitions were presenteo Irwin certain Dissenters at
York, in the borough of Soutliwark,.rand iu Meld.
stone, complaining that the Marriage Service of the
Established Church contained expressions at vari-
ance with their religions opinions,• and that they
might he excused from observing that form.—Read
and laid on the table. .

Mr. W. SMITH then said, he rose to bring fur-
ward his motion regeriling'the Marriage Act, forti-
fied by these several Petitions, coming from us
respectable a body of mete as any in the country.
The grievance complained of was expressed in the
shortest terms in the Petitions. It was this, that
the marriage service required by the existing law
was inconsistent with the religious opinions which
the Petitioners conscientiously entertained. They
further stated, that the matrimonial union had
been considered as a mere civil contract, and
therefore they desired an alteration in the law.
Dissenters in general Were averse to the marriage
service, but his then - clients purbcularly, on ac-
count of some expressions recognising the doctrine
of the Trinity, which they did not hold, and from
the penalties attending wind. last belief they had
been relieved about five years ago, lie hoped such
• change would be made as would free Otero from this
burden also. 'lnce Hoc,. Gentleman then referred to
the Marriage Act, 26 ciro: 11., coed to the °pillions
of Blackstone, to shew that its our law marriage wile
essentially consideserl as a civil contract, es it was
in many other kingdoms of Europe. In the
Act there was a protecting clause fur Quakers
and Jews. In the lith Charles 11. rendering
void all marriages solemnised before Justices
of Peace, there was not one word to be found
describing the cereimmy 119 rt religious one.—
The mede by which he would propose to remedy
the existing iticonvenience, which was, to many in-
dividuals, a very serious one, would be, not to
change or ulcer ally expression or expressions at the
marriage, ceremony, but to leave out all the words
after a errata* li-wile. The marriage- ceremony,
by which the crisitract was completely fulfilled,
ended with thee words, and thereto I give you my
troth"—front the ttttt mewl-meta of the form to this
poirit, might ►rnuain Istootsclorel—but lie proposed
to omit ell that fullowrel, us far : a the ni:irriage of
Dissenters was cosicerned. I n hit opinion, the
measure which lee sal Red to the House was free
from objection. It only gave to the minister, when
persons about to be married requested tlott a certain
portion of the cerencen ►huuld be omitted, the
power of complying with the request. He did not
mean to touch the place where, or person by whom
the ceremony was to be perforated; his object was
to prevent irdividualit from goiiig through that part
of the form which was unpleasant to their feelings,
and which, of course, could not be agreeable to the
person officiating: The Bill, if agreed to, would
not interfere with the register of marriage or
the regular and established descent of property,
but would merely go to this beneficial object.
to relieve the feelings of conscientious people
from a form which was clot congenial with their
ideas. I.limeter indtviduids might consider to ir-

'Uwe more Or Item as a religions ceremony. 11..
particala► blew which they took of it ought
Ire consulted in the form of the cerement•. Tiii.
position might he defended on the Kronur' vf
analogy. by Is reference to what took !place eysty
any in our 'Courts of Law, where Christians, in coo.
rurality with tln-ir sentiments, were sworn on rite
Neer Tesseneee, whilst persons of the Jewish
attainon were sworn on the books of 7'he tlfil. Ne
believed, however, that in those countries whs.',
marriage was considered so decidedly.e
ceremony. ee to be reckoned amongst the
of secrementi. the connubial tie was not fm,..1
more binding then in the northern parts of
country. where it was regarded as metely ♦ cii.i
right. The lion. Gentleman then moved—
,' That leave be given to brio( in a Hill to allF?
amend the Marriage Act, in certain cases NM-cling 10,,
twain Dissenters from the Church of England."
Lord Casrt.Eßeaco wisfipl it to be understood,
that in not opposing this motion. he inennt no 19
pledge himself to any specific line of conduct herr.
after.

Mr. IV. StutTit said, he certainly could tint .111,.
pose that the Noble Lord I►ledKed his aerials,.
retire to the measure in its future stages, liy suffering
leave to he wire!, to bring in the Bill.
Mr. WILBERFOLICE tau% contide`iug theAteat sues
vantage which the system of marriage lour gken
Europe over every other part of the w othl, tl,e tee.
sent most lie looked no as :..uf,j.•rt of fh. wrung
interest and tintiortairce, and nunglit h, hr anurl►ed
with great care and caution. Ile war,
really to admit. that where scruples ul c(uww, ..e
Were etilertwineti, with respect to the I'•,rm of •tim
marriage 1.1 remony, a due d..grpe of attenvina
should he wild to them, without nnnan-n.v the r,.
verence and respect which RAI due in the tx,sm
form.

Leave was then given to bring in the
PEMBROKE DOCK BILL.

On the motion of Mr. CROMER, the Bill for
authorising the Commis•ssioners of Isis
Navy to establish a market at the town of Pem-
broke Duck, in the county of Pembroke, and io
make regulations for the paving, lighting, aid
slumming the same. was read a second owe.—To
he committed on Tuesday next.
ARRANGEMENT OF BUSINESS.
Mr. BROUGHAM seeing a Noble Lord in his
place, on whose behalf notice of an intended moon'
fur adjourning over to-morrow lied been given,
et' that sonic arrangement should now he wade
with respect to the business on Friday. 'l'w•o M.
portant subjects stood fur that day—the Tax Bill
was then expected to he fully discussed, :rod the
Charitable Abuse Bill was also fixed for ilia: dam.
Peilimps it would be as well to postpone the latter
till Monday, and to go through the clauses of the
Foreign Enlistment Bill this evening, and take the
debate on the third reading on Friday.
Lord CASTLEREAGH said, as it was important
that the Tax Bill should go through the Douse
with all convenient speed, lie wished it to he di,-
cussed on Friday, and the third rearlii,g of the Fri-
reign Enlistment Bill might take place on Monday.

ACTS IN DESUETUDE (SCOTLAND) BILL.
111 r. BoswELL. ill 111011!rg that the Report of this
Bill he received, entered into • short defence of its
provisions. He was obliged, lie observed, in give
tip the Scotch Statutes—but, from the 'vinegar
adopted in Scotland, by winch laws fell into desue-
tude, under certain ciieumstanccs, he deemed the.
Bill necessary, in order to prevent the operation of
the principle on Acts passed since the Unino.
The opposition to this measure created some fill:-
prise in his mind, but certainly on regret—for,
it were improper, lie would he the last moo sin.
would wish it to succeed. One of the nychoori
to the measure was, that, siege the Union, l,
stance had occurred of a British statute too
desuetude. But, as such a circumstance might
happen, according to the practice of the Courts
of Scotland, the Bill appeared to be otec.Nsiooy
—for it would be a most extraordinary thing, it, by
the operation of this custout of desuetude, an Act,
passed in the British Parliament, for the gevero-
meta of the two countries, should be to hill
force in England, end yet be inefficient in Scot-
land. To prevent this incongruity he propo,ea tie
present as si'declaratory Act, by the provisions of
which the principle of desuetude could nut extend
to Acts passed since the Union.
Mr..l. I'. URANT said, if there Mere slo iiistaove
in which an Act of the British Parliament, lualistd
since the Union, had tollen lido desuetude
in Scotland, that ciicumblutice atrologly argued.
that there was no necessity fur thus measure
—and, to legislate unnecesraiily, be conceived to lie
a most VI7OIICOUS practice. The preamble of the
Bill said, whereas certain Acts of the Parliament
of Scotland have fillets into ilepeteturle." Thar
this was the fact lie admitted. It was the law of
Scotland as of Rome, sepposing all law to arise
from the will of the people, who might from er
abrogate whatever statutes they pleased. " And
whereas," continued the preamble, " doubts nosy
arise as to the principle of desuetude extending la
Acts of the British Parliament. passed since •ti:r
Union." Now if the Learned Gentleman milk) sheu
him ally declaratory law. that set forth as the reasisi
for its enactment that doubts might arise, then los
objection would be removed. But declaratory lass
were alone enacted where doubts hall really ar-e,..
He regretted the passion which at precut ett..tu-u1
lOr legislating on all subjects. If n Gentleman
now felt a doubt, lie went to Parliament immu,
diately for a Bill to remove it. This lie conceit..l
to be a very iticouvement practice, pirticulau:c
where declaratory laws were called for, which tend-
ed to curate doubts, where. in feet, Hone lt3tl re'
viodsly existed.

The [trsect was then brought un by Mr.
Ilkocuer4 ; and, on the question " That thr,e
amendments he now considered,"
Mr. J. P. CitANT moved " That the Lima fir
taken into con.ideration this day Aix months."
Au Hou. Member argued, the, by the Act cf
Union, all the rights sod privileges which were
enjoyed prior to that event, were confirmed to Scot-
land. If this were the close, the principle of deriir.
tulle most remain in 01/1•111t14111 111 that NATIO ry.•••
and must affect laws enacted by the Driondi [..-1,74-
lature, which extended over the riiirre. ITerefore.
lie conceived, she Hill of the terirrnil Gentlest's"
wits limper, since it 'cella to verVelit a tlifTrient7e, uI
the laws of the two co ries, which might tams. Si
• remedy were not provided.
Mr. SCARLETT•tIiiii, the preamble .et forth, tt,st

•' &mitts might arise." Ste. tTon for it paratai of a
maim• ton doubt had in fact itriaesi —sod. three.
foe, the BM was perfectly uncalled fur by eai•t-
in9t circumstalices. It wool I be is monstrous ano-
maly to suppose, whet, the twit countries were
soared, and Wes, fur the gover kkkkk ent of both ems.
Noel! from tile same Legislature, that those laws
might be in perfect force on this rule of the Tweed,
Dot tat 'completely fallen into disuse on the other,
Mt. flume opp,osetl the Bill. It was extraurdi-
dimity that the Leariird Gentleman who had
lortatOit forward it'll; measure, no a former ocr.a.
ppm, when au Hon. Boonet had craved for a Corn-
tnpt•e to inquire into those Arts of the Scotch Pate.
',anent that had fallen into desuetude, should
hare toted directly against it, although he admit-
ted there mete various Acts of that kind. In his
~pi•oon, the measure of the Learned Gentleman
aa, %bully nnon-coniary, since it affected to clear
sir where minor in reality axisteil.
Ali. liostryt.i. replied.
The amendment was carried without a division
the Bill was 'consequently lost.

. _
FOREIGN ENLISTMENT BILL.
CA,I REAGII inovad that the Report or
ihr Foreign Enlistment Bill be taken Into further
con.ideration.
After a few word* from Sir R. IVILsoN, wit°
c%lirr►►.d his drtr►tition of the BM, as engendered
1.1 a ►Niiit inimtealde to liberty, the amendments
*ere agreed to—and the Bill ordered to be read the
third t nie, nit Monday,