The British Press; or, Morning Literary Advertiser.
London, England, 1809-05-03 00:00:00

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lest psont, namely the extent of their meets .to,
frame such a regulation, he coots is. pee tt9t
only not et:Wintry to the farms of1111:141kosebt. but, • ,
on thaccuskary, striokler conform:skirt thOreka. •,,Ua
admitted Such an order was not olslipoot.y.On the
whole Legislature, but only en that branchrOf. it
which eimeted it. Thus, the oiler proposed would
be thuull.Aptl. tolormili on the othin firmly!' in ,the
exercise of their functions—nor even restrain astir
Lordships," whenever they should think it necessary
to deviate from the establirlied rule. Upon these•
grounds, he should support the present motion,
coosidering it es he did, as a part of a great good,
without, however, absudoning the hope of a still
-greater to be effected by the niterfereuct of their
Lordships.
Earl STANHOPE would not have troubled their
Lordships, but for the purpose of notieiter RN ex-
pression that fell frous,a Noble staid Learned Lord
who spoke last but one, who lied affirmed time the
marriage of a _female after a dootree was illegal:
(A cry of NO ! no!) Hit Lordship persisted ill al-
&mile., that such a doctrine bad been held told
though he would not oteleralltiacli the Kev:
Bench *lmo-site to him religiOn.oed.morality,,yet he -
would iestruct that Learned Lord in. law; and
if he should lay' hitn'oti• his back,,and ineke
him eat his word,. he conceived lie should be doitg
a great good. It tharbeen'helet that a divorce from
be 'tad hoard wikolo,dissolutiOo of the marriage;
but he contended this was merely an opinion, fur
if, it was not, the people of Doctors' Commons were
a parcel of absurd fellows, when they took a build
from the husband in a penalty conditioned on Lis
not marrying again ; for what could be more ab-
surd than takint: a bond us a seamity against doings
that which the law hail 'Arend!. declared to be il-
legal! He world tell their Lordships what a great
Man (the late Mr. Dunning) had mice said to him
Du that subjects—that apecoiliary penalty ass en-
tinny but a perwiesiou to break the law, for you have
butto pay the money, and you may sin with impunity.
With respect to the crime of bigamy, he would tell
their Lordihips what it was, as it was defined by a
statute, which, with many others now obsolete,
stood unrepealed upon their Statute-book--it was,
for a man to marry two wives, or one widow!
(Great laughter.) lie Lortlehip declined entering
into the subject at large, -bat suggested the . intro- •
ductinu of the elapse contendedfor sjunly in tact
Divorce• Bilk,' and then their Lortlshipit might dige
pose of it as they thought proper, without being
shackled by soy previous general orders. llesidee.,
they should consider that sock se elentie might:,he
rejected in the other House ; and he put it to them,
would they rather the individual 'tumid lose4the
relief intended; the* abandon the eaceptiouable
regulation ? He remembered a seetiment-ottereds
by Ins Noble Relation, (Lord Preuville) on the,.
discussion of the sieve trade, wbiebp among:l/1V
others, had his warmestassent,.c(tut no genera
good, however peat, could ever juttifyindfindual
tojulitiee." This eentimerit lie would Jiave their
Lordships bear in mind when they come to decide
whether they weld(' reject any Divorce in
which the clause contended for ehotild be left nut
by the other House
The LORD CHANCELLOR explained. The Noble
Lord might lay him on his back as well as the other
Noble lands. but he could not make him eat his
wools. He had not affirmed, that after sy divorce
the woman could not marry; be had only• said
that doubts had .been entertained on that ‘tilaject.
He hoped he should alwayshear the mien liderstand-
ings of the Noble Lord with. equal good temper as
the present, but lie could not as readily promise
for their as easily understandieg one another.
Lord GaettrifLe said a few words in expla.
nation.
The Earl of Ltvammor. laid it down as a gee
neral proposition, that by the law of the laud there
could lie no such thiug as a divorce a vincvlo.nts-
trimuntii, and, consequently, that all bills of divorce
were, iii their essence and nature, exceptions to
that general rule. Now, whether it would he right
or otherwise to grata none whatever nit the one
hai,d, or to lay down some general rule by which
divorces might be pttainahle :my all at the other, he
should not stop to itionire ; but this he was sure of,
that the atioptioe of either one or other of theseas
a general rule, was preferable to the practice they
were in the habit of pursuing, or legiAlating con-
tinually in individual eases,' if it was for no
other reason than this. that calculating the ex-
pense atteistliag the process at the smallest possible
sum, at it kicli mcould he calculated, still the Twit
majority of the community must inevitably be ex-
cluded from all possibility of attaining the benefit
of such a proceeding, if a benefit it was to be con-
sidered. He 'motioned these considerations in or-
der to skew the difficulties attendant upon
sill geuerul orders, espeinsilly when applied to in-
dividual cases. lie believed, that the one Dow
under consideration might do some good, but
lie dared not hope it would he very eaten.
sive : it might be found beneficial is cases where
there remained any sense of decency or reli-
gion. lie feared it would be wholly inoperative
where the parties were found to be wholly *home-
less. It was such au order where he could not
conceive a ease iu which it would he found cape-
dieot to break in upon it ; and he hoped that all
those who voted for it to-night would support it
inviolate, until it should be found expedient to
discuss the propriety of making an alteration in
the principle upon which they had adopted it.
Lord DARNLEY (teetered he had entertained
doubts on the subject, which had not been totally
done away by the *Netnews lee had heard ; how-
ever he dal not mean to oppose the adoption of the
incasitre. Adverting to the pruetice of remunerat-
ing by imcCu ii iii ry damages an injury beyond all
!Mum, redress, Isis Lordship considered it in some
degree an opprobrium to the country, 'mil -rug-
eittini the necessity of abler hauds endeavouring
to supply a remedy, for what he considered both
us o national evil and a national disgrace.
Their Lordships then divided upon the motion.
a lach ,ens carried ; their appearing,
► witents
(:o art
• Najolity
Adjourned at :NINE o'clock.
liot'St• OF COMMA:Vt.
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