The Express.
London, England, 1853-03-03 00:00:00

TO CORRNSPOND/04T5.

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NIGH WATER ♦T LONDON BRIDGE.
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LONDON. THURSDAY. MARCH 3.

THE tenacious vitality of Doctors' Commune is
well known, but we trust it is not too sanguine to
hope that the venerable nuisance has at length re-
ceived its death blow. Never was there a more
thorough exposure of abuse, or a more general ac.
quiescence in the necessity of radical and sweeping
change, than on Mr. COLLIER'S motion on Ecclesias-
tical Courts in the House of Commons on Tuesday.
The law officers of the Crown made no attempt to
extenuate the gravity or the accuracy of the impeach-
ment ; on the contrary, they admitted the whole of
the charges brought tbrward as containing nothing
Ibut truths so notorious and so well estab-
lished as to preclude all necessity for further
inquiry. The only point of difficulty which
they alleged to remain is the nature of the
tribunals to which causes heretofore heard before the
Ecclesiastical Courts are to be transferred, and with
a view to the consideration of this point, Mr. COL-
LIER consented, at the request of Government, to
suspend his motion until the report of the Divorce
Committee, and the enlarged Chancery Commission
should be before the House. This is so far well; and
from the tone, both of the ATTORNEY and SOLICITOR
GENERAL, there is every reason to infer that they
aro sincere and earnest in their desire to pro-
secute to its completion this great and neces-
sary work. But the vigilance of th9se in-
terested in it must not for a moment be allowed
to slumber. It is no common task which they have
in hand. The evil they seek to abate has hitherto
successfully withstood attacks which would have
proved fatal to any other form of constituted abuse.
The most searching and repeated investigations—the
most complete exposures—have as yet done nothing.
Committees, reports, bills—all the enginery of the re-
formers have battered in vain against the outworks
of this venerable mischief. Dr. lIIIILLTHORE sets up
so plea of general justification. His ground merely
is, " Be quite sure that the tribunals you propose to
substitute, and the machinery you are about to intro.
duce, shall be more satisfactory than that which you
abolish." As the case for the delay seems now lie.
dined to this single point, it may be as well to say a
few words on it. Mr. CoLLIER's proposal, as we un-
derstand it, is to transfer the testamentary and
matrimonial jurisdiction, now exercised by the Eecle.
siastical tribunals, to the County Courts and the
superior Courts of Common Law—to have, in con-
nexion with the County Courts, local offices for pro-
bate and registry, and one general registration office,
to which the original of all wills shall be transmitted,
and where they may be properly preserved. The
difficulty urged against the adoption of this scheme
arises principally, we believe, from the fact
that the Courts of Common Law, as at
present constituted, have not full powers of
giving a complete remedy in testamentary and
divorce suits. This no doubt is so. In their present
state Courts of Common Law can take no cognizance
of trust property, nor enforce any duties on trustees
ae such. In matrimonial causes, though they can
ascertain the fact of adultery, they are impotent to
give the relief of divorce, still less to pronounce the
dissolution of the marriage tie. But because this is
so now, must it necessarily always remain so?
Would there be any insuperable difficulty in clothing
the ordinary tribunals, for the purpose of trying
will causes and divorce suits, with these powers
which—owing to an arrangement peculiar to this
country, accidental in its origin, and mischievous in its
effects—are now distributed among different tri-
bunals? There would be no such difficulty, and it is a
source of considerable satisfaction to find that both the
ATTORNEY and Souciree-Geiveittab seem to be
agreed on the point that a consolidation of jurisdio-
tion must, sooner or later, be generally resorted to u
the remedy for the evils which still beset our whole
system of judicial administration.
The elaborate report of 1832 contains in ample
abundance all the requisite materials for legislation
on the Ecclesiastical Courts. That report, though
once reprinted and repeatedly referred to, has never
been acted upon. Lord CRANWORTII intimated that
in default of any speedy and positive recommends-
' tie= by the present Chancery Commissioners, Go-
vernment might probably fall back on the report of
1832. A copy of that report is now before us. It may
be as well to see how far the Commissioners of
that day were prepared to go—no heady and
rash innovators, be it remembered, but men of age,
gravity, and eminent position, including the late
Archbishop of CANTERBURY, CHARLES J.SMES of
London, Lord TENTERDEN, the then Chief Justice of
England, Sir NICHOLAS TINDAL, Chief of the Com-
mon Pleas, and Sir Sous Niellou, of the Arches
and Prerogative Courts. The most timorous depre-
cator of hasty and ill-considered changes will admit
that these names suggest nothing violent or revo-
lutionary, and yet, FO cogent was the forme
of the evidence ;brought before them, so manifold and
seems were the abuses disclosed, these eminently
cautious and conservative personages to a
report, which, though in many respects faaCegdshort
of the real exigencies of the case, in others contem-
plated an extent of change which resembled revolu-
don rather than reform.
The first is order and importance of the Commis-
goners' recommendations is that which advises the
entire abolition of the Peculiars and the Diocesan
Courts of the Peculiars—there existed then (sad

there exist still) about 300 in England and Wiles.
The jurisdiction exercised by these courts is undefined
by any general law ; in the majority of
them there are neither judges, officers, ad-
locates or practitioners ; is it necessary to add that
these are no safe places for the deposit or custody of
wills ? Yet to these anomalous tribunals, every her
subject resident within the local limits of their jails.
diction, is compelled to resort in all matters over
which they have cognisance, unless he goes through
the troublesome and expensive process of suing out
letters of request to enable him to prosecute his suit
elsewhere. The Commissioners, after enumerating
these and other reasons for the abolition of these
courts, intimate that there aro plenty more which
they need not urge, as they " are not aware of any
one benefit which would result from their continu-
ance." This was in 1832. In 1853 the 300 Peculiars
still exist—a reproach and a dishonour to a practical
people and an enlightened age.
With regard to the Diocesan, or Bishop's Courts,
the report recommends their abolition on very
similar grounds, adding as a further reason the ex-
treme hardship arising one of the absurd law regard-
ing bona notabilia,tby the operation of which probate
or administration taken out in any given Diocesan
Court is rendered null and void, on proof that the
deceased at the time of his death possessed personal
property to the extent of Si. in any other diocese.
Having thus made short work with the inferior
tribunals, the Commissioners recommend that all
ecclesiastical jurisdiction should be vested in the two
provincial courts of Canterbury and York. It is evi-
dent, indeed, on the face of the report, that some at
least of their number were prepared to go further
and to advocate the establishment of a single metro-
Ipolitan jurisdiction for the whole of England and
Vales. It is possible, however, that his Grace
Of CANTERBURY was reluctant to strip hie
brother metropolitan (who was not a member of
the Commission) of the privileges and the patronage
he had heretofore enjoyed ; but whatever the reason,
the fact is so, that the report, as finally adopted, re-
commends the abolition of all courts Christian except
the two provincial tribunals of Canterbury and
York.
Passing from the number of the courts to the
nature of the causes which they are competent to
entertain, the Commissioners divide their jurisdiction
into the four branches of testamentary, matrimonial,
spiritual proper (such as correction of clerks, a:e.), and
criminal (such as brawling and defamation!". With
regard to the first class of causes the report contain
the important recommendations that probate shall be
made final and conclusive evidence of title to real as
well as to personal estate ; that the validity of all
wills, whether disposing of real and personal estate,
or either, should be determined by one mode of trial,

n one and the same court, and that such mode of jlf in poring, try's
,N try', to reify, the present
sys-
trial Ike by viva voce eeidrnee before a trine the Liberal Party cannot have the aid of the
',lrq; that suits for legacies and for the distri- ! Conservative Party, so much the worse for the cone-
dbetio of meets shall no longer be eon- I try ; but the want of that support, so far from being
hc‘d to Courts of Equity, but be transferred a reason why the Liberal portion of the House
to the cognisance of the same tribunals that are em- should not persevere, is the best of all reasons why
ntl to try the validity of the will. On the im- it should. For in addition to the disease itself, there
P°'
outwit subject of the custody of wills the Commis- lis a party encouraging the disease, to be abated
reLvmmend a general, or at all events a land the motive for exertion becomes all the greater.
enrol: ave, re4istry. Let us trust, therefore, that, supported by Lord
r—w„l, Nerd to matrimonial causes, including suits, PALMERSTON and Sir JAMES GRAHAM, Sir JOHN
une,:i•utiou of conjugal rights, for nullity of mar- SUELLET will be successful this evening in s
tn;.,.. mid for divorce a mown et Muni, the ' pending the issue of the Bridgnorth and Blackburn
ckmni:-sioners. while declining to pronounce an writs.
oi,: 'on whether the remedy now afforded by
the ordinary tribunals should not be so far ex-
tended as t., dissolve the bond of marriage and allow
the parties to marry again, explicitly recommend
the introduction of trial by jury and rind two 'evi-
drr:,. into the majority of these causes also. We
aecrre I.V N hat rteently fell from Lord CAMPBELL,
that the tommisaioneru en the Law of Divorce have
tape, to a decided opinion on this point, and are Fe-
ld to .eeommend that all divorce suits shall be
tried before one tribunal, which in all cases where
the cwt is prosecuted at the instance of the husband,
shall be empowered to dissolve the marriage bond
without necamitating an appeal to Parliament.
The more exclusively spiritual jurisdiction of the
Tale sine;:cal Courts is a matter which may safely be
left in the hands of those interested in the promotion
of Church discipline. On this portion of the subject
we shall not attempt to fellow the recommendations
of the Commissioners. The fourth, and perhaps
meet anomalous, species of jurisdiction exercised by
the Le.lesiastical Courts is the Criminal—embracing
at it- principal subjects, snits for brawling (i.e.,
riotous conduct in a church or churchyard) and defa-
(amnion. The printed evidence appended to the
Itepet contains innumerable instances of the amount
of posy and vexatious, but at the 3311 C time costly,
htnration, which, especially in rural districts, tins
brar.ch of ecclesiastical Jurisdiction is the means of
inflicting oa the community. The Commissioners
recommend its entire abolition, and suggest that cog-
nisance over these minor offences should be trans-
ferred to the petty or quarter sessions.
Such, in rapid outline, are the principal recom-
mendations of the Commissioners of 1532. Let us
restate them in the fewest possible words. They
advocate the entire abolition of Peculiar and Dio-
cesan Courts, retaining only the Provincial Courts :
the present procedure of the Provincial Courts they
would entirely remodel—introducing viva me evi-
dence and trial by jury; the Courts so remodelled
they would allow to have cognisance of all causes
teaming the validity of all kinds of wills—of legacy
and administrative suits—of matrimonial causes—
and of proceedings for the spiritual correction of
clerks. Their criminal jurisdiction they would ulto-
getter abolish.
There can be no doubt that if these suggestions
bad some twenty years since been carried into act,
the mind of the country would have been satisfied, and
the cry fur further reform allayed. Now we want some-
thing more—and shall have it. Doctors' Commons has
hitherto proved too strong for the Legislature. After
a twenty years' siege not a single outwork has been
tarried by its assailants. The lieges of Queen Vie-
t:Me remain in undisturbed enjoyment of all the
prescriptive and time-honoured abuses which Rome
originated, the Reformation spared, and class interest
still clutches with unrelaxing gripe. But Reform is
now at hand.

Ur to the present time the result of the Election
Petitions. on the grounds of Bribery and Corruption,
is, that five Conservative and three Liberal members
' have been unseated; viz.,
CONSERVATIVES. LIBERALS.
CANTEIIBI.IY. LAWC.4BIIII.
Mr. Boger Johnstone. Mr. R. B. Armstrong.
Mr. Gipps. BLACISOIff.
.
BILIUOXORTII. Mr. Reales.
Sir It. Pilfo4 CLITHEIOI.
CaysatnoE. /Ir. M. Wilson.
Mr. J. 11. Astell.
Mr. IC. Macaulay.

FRANCE.

PARIS; WEDNESDAY EVENING.
In the Legislative Assembly yesterday another
scene ensued on the continued refusal of M. Boubier
de l'Ecluse to take the oath to the Emperor. The
Assembly voted, by an unanimous bulletin of 221,
that it was incumbent on M. &uglier to take the
oath; but on the latter rising to protest he was
stopped by the President, who declared that the
forbearance of the Assembly had been carried to its
utmost limits.

The difficulties on the Swiss frontier seem in the
way of adjustment. Radetzsky has diminished the
rigours of the blockade, in consequence of the cen-
t:oo3lTO acts of the Swiss Federal Council.

A despatch from Jassy states the abdication of
the Oladika to be definitive, but the representatives
of foreign powers have refused to recognise it.
The Bourse here to-day his remained in much the
same state as yesterday, with little business doing,
and no attempts at investment in either rentes or
railways. The Three per Cents closed at 80f. 43c.
for cash, and 80f. 25c. for the account. The Four-
and-a-Half per Cents, 106 f. 10e. for cash, and 105 f.
95e. for the settlement. Bank Stock, 2,800 f.
Amsterdam Two-and-a-Half per Cents, ca 5-16 ;
MetalLques, 96 9-16; Three per Cent exterior, 421 ;
peas., 61.
Berlin Fives, 1024 ; Three-and-a-Half ditto, 93 ;
Balnk, 109; North Railway, 514 ; Rhenish Railway,
86.
Vienna Fives, 931 ; New Loan, 106/ ; Bank,
1,402 ; Exchange on London, 10.52 ; Silver, 91.

Of these six cases, Canterbury. and Cambridge are
much the worst ; next in enormity comes Lancaster,
whirs also the electoral diocese has assumed& chronic
Soria; sad then Clitheroe, where to corruption,
vicious and intimidation are to be added. The lame
tithe writs in these four instances has already been
enegesied by_ the House of Commons; in that of
Castseitury Mr. Kea SETMaIt has, too, given notice
of as Address to the Crown for a Commission to in-
quire ea the spot into the scandalous and dis-
eases that prevailed at the last elec-
empe which r. Ifisnon SMITH will, we
have no doubt, panne l
ied the ON of Cambridge also,
as sons an the evidence is printed. In that of Lan-
easter the wit is bang up until the 4th of April, and
is Mhos, wadi the 11 th April; between now and
when it will be hr the chairmen of those committees
le dada whether they will take further ster to
peons the *skies at whether they will leave it to
caw moth= to take tap the ',abject. In both these
cams the bribery and treating are reported to have
besa manmade and exteemire, aid the s .snrion of
the writs is to be regarded as some proof that the
asomittess thought further investigation necessary.
With refs:wee to Bridgnorth and Blackburn the
MOM are somewhat different. The former is a family
biee the pWeas being the WHITMOILEB and
an ieesi h their intorno. in it that the bribery
weird is WNW et Sir R. norm seems to have
Lo a very assihm Pisa of corruption. He had the '
mess et the Wannosz *; and the'
Mr. P. CADMAN, acknow that the
Wimmunts Mara their into= so minded.
baked of John Plash they_ adopted Sir R. Floor ;
ani M make ammo &slily ow his agents threw
a Mks sore Into the eeiss in the very wan-
ness, of pilled prelligisy. This has cost Sir R.
tow his mat asd:giemi Mr. Ititramaa his costs.
At Disekkma, Kr. loam, dm Liberal. we ashes
@sled a met aawartby pet. Mho seem to have in-
haled bawl hoe that hare* and so laid the
heeded's he fig tberengb mid amPlet• wr=
Time tweasom. brewer. are at a meth less
dale thin the test dime; and the qesetisa is
whew. with raged to them also, the write eught
Is he
For teen there two two roams=
Int, that thelikene st theism may bs
as to the ',lime on whisk theihstises have been
voided ; sweatily, that the oseMitneesies themselves
astiszcoin:ider it, and pelitisahr tardier investigation
If think fit. On **ether hiu4 it is contended
dot report of the thimaittees to be strictly
and ass by the Homes, and that seliesqnsat steps
IN* not to be allowed to become party questions.
home of the writ is an set of the
Ulm itself; and to enable it to decide on
the hear, it
_ought of ammo to know all
ItitottOtaittoi which have produced the vacancy ;
tad, as it is quite possible the case brought before
the Committee may have been only a very small
portion at the actual state of facts, the constituency
Guy very properly desire to have an opportanity of
emloding the whole trath before another sane of
arroption and demoralisation is forced on them.
Wherever an election is voided= the ground of bri-
bo7_. taere yr isselbrie widows exists of the necessity
Procgoduip deeper and more settees in their charac-
ter and intention than an investigati merely to de-
cide whether the member has been duly elected ;
Gad. =km some effort is made to nip in tho bud the
first growth and appearance of corruption, gradually
both Bridgnorth and Blackburn will be encouraged
Pmaeri leisasme n tary impunity to become asbad and as
as Canterbury and Cambridge.
It is indeed exactly in cases where electoral re-
gality has first made its appearance that the actual
cautery may be most soccesdally applied. There
are certain electors in Bridgnorth and Blackburn
who were last election bribed. Why should these
men not be promptly disfranchised? Wby should
not a Parliamentary stigma and mark be at once
Stamped on their foreheads? That would be intel-
ligible to them, and an earnest to these boroughs of
their future disfranchisement too, unless all ranks
and classes join in repressing (as they easily can)
these practices. But simply to void the elections
and then issue new writs without looking at, read-
ing or considering the evidence—that is surely to
make the House of Commons itself the great en-
courager of future corruption in these places.
Election Committees have so far done their
duty well. But their decisions reported, the duty
F the House itself only commences ; and if there
be one indisposition or hesitation to act as ener-
Pik:ally and as regardless of all considerations but
electoral purity, as the Committees have done
Ulla the labour of the latter will be nearly lout.