The Sun.
London, England, 1862-02-26 00:00:00

LAW.

Mr. H. SEYMOUR, in moving that it was expedient
that the ecclesiastical statutes be revised with a view to
their consolidation, said he brought forward this question
on two grounds—first, because ecclesiastical questions were
attracting the attention of the public more than they used
to, as was evinced by the fact that the Government pro-
mised to bring in a bill for the reform of the ecclesiastical
courts; and secondly, because the consolidation of the sta-
tutes was considered to be a subject which ought to occupy
the attention of Parliament. The Bishop of Killaloe said
that the state of ecclesiastical law in England upheld the
influence of evil by:protecting delinquents. And the Record,
the organ of that party in the Church which was so much
favoured by the noble lord in the distribution of episcopal
patronage, she used strong language against the present
state of the law. The party is a great party in the country,
and they think that the present state of the ecclesiastical
law is a grievance which demands the immediate attention
of her Majesty's Government. The law governed
20,000 clergy, and the laity were also deeply
interested, both in an ecclesiastical and pecuniary
point of view; in its amendment and consolidation.
The lay patronage of the country amounts to nearly
two million sterling per annum, all of which was go-
verned by that law. He was borne out by the former opinion
of the chief of the law in the country in these views, and
he did not believe that the Lord Chancellor, since his eleva-
tion to the woolsack, had changed his opinion. In the pre-
sent state of the business of the house there was ample time
for the consideration of this subject, and it was a work
which would stamp and give a character to the session.
The present was a most favourable time for consolidation,
as the house was about to be asked to deal with the courts
in which the law was administered. He therefore trusted
that the statutes would be made as simple and compendi-
ous as possible, that Englishmen might understand the
law by which they were governed.
Lord FERMOY seconded the resolution.

The SOLICITOR-GENERAL said that the subject to
which his hon. friend had called the attention of the house
was undoubtedly a large and important one. As to the ge-
neral object he had in view there was not likely to be any
difference of opinion amongst those who desired the im-
provement of the law, but he thought it would be in a very
high degree inexpedient, and productive of no good end
whatever, if they were to agree to an abstract resolution in
the terms or to the effect of that proposed. His hon. friend
had referred very candidly to the learned and able publica-
tion of Mr. Stephens, a work of great learning in this de-
partment of the law, which had obviously in some degree
suggested the terms of the original motion, which was for
the consolidation of the ecclesiastical and eleemosynary
statutes—these being the subject of the work. Tle could
not be surprised at his hon. friend being alarmed and asto-
nished al, the great amouat of the statutes and the magni-
tude of the volumes. But if the hon. members took the
trouble of looking into them their alarm and astonishment
would undergo considerable diminution, for an analysis of
the statutes would completely repel the idea of consolida-
tion, and would lead them to see that everything in the
world became ecclesiastical under the touch of his learned
friend Mr. Stephens. Not only did the work in ques-
tion contain statutes which most persons would recognise
under the title of ecclesiastical, such as those relating to the
church in its primary and normal relation to the state, to
church discipline and church building, and also all the laws
relating to births, deaths, and marriages, ecclesiastical com-
missions, cathedrals, bishops, deans, and chapters; but, in
addition, the great bulk of the work, besides hea..lB of
statutes, observations and notes, consisted of statutes such
as those he would mention. Tho Statute of Limitations
was to be found there—for it, of course, contained clauses
relating to ecclesiastical law as well as lay ; the Municipal
Corporations Act, because municipal corporations had ad-
vowsons to sell ; the burial acts, acts for the government of
Canada, and the act providing for tho regency of this king-
dom in case that great misfortune had happened, now hap-
pily no longer possible. His right hon. friend the Chan-
cellor of the Exchequer would be surprised to find his old
friend the Paper Duty Act there—(laughter)—because the
paper used in the printing of bibles was exempt from duty.
The Metropolitan Police Act was there—(laughter)—be-
cause it contained provisions against selling and buying on
the Lord's-day; the Prisons Act, because there are chap-
lains of prisons, and the Bakers Act, because bakers may
not sell bread on a Sunday. Instead of these being a pro •
per subject for consolidation, he ventured to think that all
that mixed matter absolutely repelled the idea of consolida-
tion, and that the codification of those fragments of acts
would create confusion and not order. In speaking of the
ecclesiastical statutes he did not adopt the distinction taken
between the religious and the temporal. Religion, properly
so called, was only, and to a very small degree indeed, the
subject of one or two of the statutes. There was not oae of
them which did not relate primarily to temporal matters,
and with respect to these there was really no uncertainty or
difficulty as to what the law is. In the latter part of his
hon. friend's speech ho spoke of amendment more than of
consolidation, and the pamphlet of the right rev. prelate
he quoted alluded to the evils of the present law and of
amendments which it required. That was a delicate and
difficult subject, and any one who successfully under-
took it would be a benefactor to the public. Amendment
should precede consolidation. (Hear, hear,) His hon. friend
had alluded to the fact that it is proposed to amend the law
in the present session ; they should not, therefore, begin by
consolidation. The practical question was—what are the
branches of the law which are in a state rendering it conve-
nient to consolidate them with a view to make the law more
clear and intelligible ? He was far from differing with the
opinion expressed as to the expediency of the process, but it
should be set about in a manner not likely to defeat the ob-
ject in •
Boo_ view. There were some things falling within the
e of the motion which he thought were practicable and
tainly required
at-
tention to them,
useful, and his hon. friend had done good by directing at-
. Acts. They efersebnathn
send
branch of the ecclesiastical law cer-
their revision and condslr—•
dra_namely, the Church Building
jesty's Government hadwn, and there was great need of
menti on. ..The attention of her Ma -
and he hoped the day wa, already directed to the subject,
,fore far distant when a bill with
respect to it would be laid b, theheoiuse. (Hear, hear.)
There was also the law rela ting to r nor did he
think they should stop at -these points andleave ;
otherdi t
tuiantdo
kindred matters com3ide).ed. But it was inexpeen