it may subside."
We can conceive the amazement with which a minister of the Established
Church, could he have been present at the deliberations of the select
committee, must have listened to the reasons so calmly assigned for
his opposition, and that of his brethren, to the progress of the
present bill! Never for a moment could it have crossed his mind, that a
marriage celebrated by him was of more value in the eye of the law than
that which had received the benediction of a dissenter; and yet here
was a distinct assumption that he was in possession of some privilege,
of which, up to that hour, he had been entirely ignorant. "At present,"
continued Lord Campbell, "a marriage by a dissenting clergyman, I
rather think, is not strictly regular!" Here a hint was interposed from
the chair to the following effect:--"He cannot marry without banns; he
is subject to punishment if he marries without banns?" But the hint,
though dexterously given, fell dead on the ear of the ex-chancellor of
Ireland. He proceeded deliberately to lay down the law,--"There are
statutes forbidding marriages unless by clergymen of the Established
Church."
This is, to say the least of it, a singular instance of delusion. No
such statutes are in force; they have long been repealed; and every
clergyman is free to perform the ceremony of marriage, whatever be
his denomination, provided he receives a certificate of the regular
proclamation of the banns. So that Lord Campbell, if he again girds
himself to the task, must be prepared to account on some more
intelligible grounds for the opposition which his father's brethren
have uniformly given to this bill. But, to do him justice, Lord
Campbell does not stand alone in error with regard to the present
requirements for the celebration of a regular marriage. Unless there is
a grievous error in the reported debate before us, the Lord Advocate
of Scotland is not quite so conversant with statute law as might be
expected from a gentleman of his undoubted eminence. Whilst advocating
a system which is to entail the inevitable payment of a fee to the
registrar, he at the same time considers the fee which is presently
exigible for proclaiming the banns a grievance. "He was astonished to
hear the honourable baronet opposite (Sir George Clerk) state that it
was the first time he had heard it considered a grievance, that persons
could not marry without proclamation of banns in the parish church,
by the payment of a large fee to the precentor or other officer of
the church. That had always been considered a very great grievance
by the dissenting body throughout Scotland, so far as he understood.
The members of the Episcopal communion were, however, saved from that
grievance, because they were in possession of an act of parliament,
which provided that the proclamation of banns made in their own chapel
was sufficient to authorise a clergyman to solemnise the marriage." We
should like very much indeed to know what act of parliament gives any
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