The Statesman.
London, England, 1822-06-19 00:00:00

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The Earl of W .BORLAND said that the subject
bad been so often before the House, that he deprecated
further adjournment. The law was at present in such a
state that there was no security for property. The Act
was intended to prevent clandestine marriages, bht its
operation was to dissolve formal and legal ones. It was
ineffectual for all good purposes, but was sufficient for
all bad ones. Every man in the country, who was act-
ing in the capacity of guardian or trustee for the pro-
perty of infants, was bound, in order to protect himself,
to petition the House for such a Bill as that before their
Lordships. It was necessary for the security of fami-
lial. 10 pat a stop to the ruinous affect of the present
mmrviage laws, and in doing that, their Lordships should
mot he influenced by any reference whatsoever to third
parties. The Noble Earl then adverted to the different
rtets on the subject passed in the reigns of Henry the
-Sixth, Henry the Eighth, and the fifth and sixth of Ed-
ward the Sixth, the Acts of Elisabeth, and the first of
James the first, confirmed all marriages before voidable,
without reference to third parties. The 18th of Charles
the Second, declared valid all marriages width were ce-
lebrated during the civil wars. In passing any of those
Acts which he enumerated, the claims or the interests of
third parties were not at all taken into consideration.—
In like m the Ait of 1781 confirmed all those mar*
rises which were celebrated before that period, sod
which were voidable by 26th of George the Second.—
The Act of 1816 also was made to confirm those mar-
riages which were made in the East Indies, with proper
consent obtained in England. With respect to the re-
trospective operation of the clause in the Bill, to which
lions were raised, he did not know one person
that clause could affect. He objected to the post-
ponement of the Bill, as that would he only giving time
for the multiplication of the evils which it was meant to
remedy.
The LORD CHANCELLOR said the Bill before
their Lordships ought to be considered as forming the
subject for two Bills, one prospective and the other re-
trospective. In whatever view their Lordships were to
take the retrospective clause, it appeared to him that
that clause confirmed marriages which were thee, by
having a sentence in the Ecclesiastical Court, call sad
void. In his opinion it would be better to divide the
Bill into two. He looked nn the retrospective clause
with some suspicion. The 26th of George the Second ren-
dered null and void ma Magee contracted under certain ci r-
causetances. 1 th e Bill before their Lordships were to pass.
it was to be substituted for the laws now in force,
and it would not render marriages more certain
than the present laws. If they were going to legislate
at all on that subject. he thought it would be more wise
that the parties, at the moment the ceremony was over,
should know for certain whether they ware then man
and wife, than to be kept in suspense by that law. He
would suppose a case, is which a man's daughter, un-
der age, had without his consent married. By the pre-
sent Bill that marriage would be void until the age of
21 years. The father might say to her that for having
displeased him, he would leave her until 21, when she
would leave herself in disgrace, and her children has-
laprds was the ease by the clause in the Bill; as
far as respected the father. The Noble Lord applied
'the same reasoning to the case of a mother, and of
gvardians appointed by the Court of Chancery. If the
law were to be altered at all, such an alteration should
be made, as that the parties alter coming from church,
when the marriage was brat solemnised, might say with
confidence, that they were then man and wife, If mi.

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naafi. lie hoped that die SOlifsisied fmariedLord
told consider it as an object worthy of hie ambition.
Uor
Illegent dm errors of his great predecessor Lord Chan.
Hardwieke.)
lotxd •iiTaWititirmiill4.l4l4 th• fr"ott *MA'
to was nest • as subject. lis. Pecapita•
ted at mach length many of the evils arising from it.
itwaa a eobjoes ofvgrest Importance, he waists:ions
have the farther deliberation of it pot off to the next
wine

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