dissenting clergy, in whose favour this monopoly was to be broken
up, came forward in support of the measure? But the truth is, as we
shall presently show, that no such monopoly exists at all, save in
the imagination of the noble lord. By the law of Scotland, there is
no distinction in favour of any sect, and clergymen, of whatever
denomination they may be, have the right, and are in the daily
practice, of celebrating formal marriages.
"I admit," says the Lord Advocate, "that the clergymen of Scotland are
generally against this measure; but surely the house will think that,
by this time, the third year of the discussion of this bill, these
reverend gentlemen ought to have come forward with some substantial
grounds for their opposition." We must fairly confess our inability
to fathom the meaning of this remark. Two hundred and twenty-five
petitions against this bill have emanated from the Established
Church--at almost every meeting of presbytery and synod, the matter has
been fully and thoroughly discussed--the moral and political objections
to its enactment have been over and over again brought forward--yet
still, in the eyes of the learned lord, there is a want of "substantial
grounds." It is not enough, therefore, to say that a measure is
unnecessary, immoral, and impolitic--it is not enough to assign reasons
why these opinions are entertained, and to repeat them year after year.
Something more must be done, according to this remarkably liberal view,
before it becomes the duty of the legislature to give any weight to
the general remonstrance--something "substantial" is required, but no
intelligible definition has been vouchsafed of that substantiality.
Nor does the following sentence by any means tend to sharpen the edge
of our apprehension. "If they (the clergy) meant to say that they
came here to assert that they had the power or right to supersede
the interference of the legislature, they would put forward a right
in them much greater than the Church of Rome asserted, because they
took their right to interfere in reference to the rules of marriage,
on the ground that it was a sacrament, which carried with it a degree
of plausibility; and they required no witness to their marriage, or
proof of the marriage, beyond that of the parish priest who performed
the ceremony." Now, if any kind of meaning whatever is to be extracted
from this sentence, it must be taken as an inuendo that the Church of
Scotland, in petitioning against the bill, is directly or occultly
preferring some ecclesiastical claim to interfere in the celebration
of regular public marriages. The Church of Scotland asserts no claim
of the kind, nor has it ever been so much as hinted that such a right
was inherent in that body. The church does not seek to interfere with
the legislature. It neither has, nor claims ecclesiastical dominion
or preference in the matter of marriage. As a Christian communion and
a Christian church, it has entreated parliament not to pass a measure
Public-domain text, read in full here on John Shaqi.
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