The Sun.
London, England, 1853-03-02 00:00:00

THE SUN, LONDON, WEDNESDAY EVENING, MARCH 2, 1853.

and regarded marriage as a civil contract, he could not see
why the jurisdiction in such cases should be confined to the
ecclesiastical courts. In most continental countries the
power of granting divorces mensa et thoro was in the hands
of the ordinary civil courts, and he saw no reason why it
should not be so here. The present law of divorce was a
great hardship on the poor man, who could not get rid of
his wife under any circumstances. (" Hear," and a laugh.)
If the jurisdiction of the ecclesiastical courts were abolished
in this respect, of course it would be to be considered to
what tribunal it should be transferred. There were other
matters over which the ecclesiastical courts had now juris-
diction, as in the enforcement of church rates (hear), which
he hoped they would not long be troubled with, for he did
expect that the subject of it would be abolished by the pre-
sent Government. (Cheers.) They had jurisdiction nomi-
nally too in matters partaking both of a civil and ecclesias-
tical character, but in which they had no power to enforce
it. They had jurisdiction in cases of heresy, fornication,
procuration, and they had power of excommunication, but
could not exercise it. (A laugh.) These courts were, in
fact, but the shadows of what they were—they belonged
to times long since gone by, when there was but one
Church, to which all belonged, and from which none dared
to dissent- -times when the Church had all the power, be-
cause all the knowledge ; when her decrees were respected
by all, and monarchs as well as subjects trembled at her
frown. But those times had gone by, and it was time that
those institutions which belonged to them, and were a part
of them, should be abolished, and the system placed on a
footing more consonant with the civilisation of the times.
(Hear, hear.) One word on the subject of vested interests.
He was by no means disposed to deny the claims of vested
interests. Compensation, of course, would have to be given
to those who held offices in these courts, and the bar and
the proctors who practised there should be allowed to prac-
tise in the ordinary courts as banisters and attorneys, or
solicitors. With regard to the Court of Admiralty, that
was not open to the same complaints as the other cow is of
civil law. In many respects that court worked beneficially,
especially in cases of collision, salvage, &c., wherein it pos-
sessed powers which the courts of common law had not.
The practice of that court of consulting the Trinity
masters was also highly useful. It was, however, felt in
seaports such as that he represented that a local adminis-
tration of the Court of Admiralty was desirable in order
to avoid the expense and delay of sending to London for
the trial of Admiralty cases. It would be worth the con-
sideration of the committee whether the county court
judges of the district in which such towns were situated,
or the recorder of such towns, might not be safely intrusted
with the jurisdiction in such cases. If a precedent was re-
quired for what he proposed, they had it in Scotland,
where the jurisdiction of the Court of Commissaries and
the Court of Admiralty had been transferred to the Courts
of Session. After speaking of the slow progress made in
law reform, and the multitude of statutes over which the
laws were extended, he observed that he feared much
blame was due to the profession who had too much neg-
lected the legal maxim cessante ration cessat lex.
Mr. HUME congratulated the house on the accession of
the hon. and learned member who had just sat down to a
seat in it. He had shown an intimate acquaintance with
the details, and great power in dealing with the principles
of the question he had brought forward, which must al-
ways command attention in that house. (Cheers.) He
hoped the government would sanction the committee, from
which he anticipated beneficial results. Ho had much
pleasure in seconding the motion.
The SOLICITOR-GENERAL was exceedingly happy
that this subject had been introduced to the attention of
the house, and thought that they must all agree that a
more vivid or correct account of the existing evils of the
courts alluded to could not have been put before them than
that given by the honourable gentleman. In the whole of
the representation made, he recognised nothing but con-
fessed, and well-known truth; truth which had been ascer-
tained for a long period of time, and about which they
could no longer entertain one doubt. But when all that
was recognised and established, came the question how is a
remedy to be applied, so that it may be effectual, so that it
may extend not only to the anomalies and evils of this
jurisdiction, but also to the anomalies and evils that exist
hero by reason of the establishment in this country of so
many anomalous and distinct jurisdictions. Would it be
believed that in this country we had endured for ages this
ridiculous anomaly ; that we had allowed one court to pro-
ceed by principles of procedure confessedly opposed to the
principles of the highest degree of justice, and that at the
same time we had set another court to arrest it in its in-
justice ? The evil was not confined to the ecclesiastical
courts ; and before an effectual remedy was passed there
must be a consolidation, so that justice should no longer
differ, but should arise from one common fount, and pro-
ceed from a uniform and simple set of rules. He could
assure the house that the necessity of meeting these evils
effectually, and the wish to devise for them a complete
and general remedy, were felt and acknowledged, and
would be acted on by the existing Government. But it was
undoubtedly necessary that in proceeding to the accom-
plishment of these measures they should proceed, not in a
piecemeal, but in an entire manner—(hear)—and, there-
fore, though he was exceedingly reluctant to interpose any
delay, and extremely unwilling to suggest a course which
might seem to savour even of a desire to put off any
investigation on the subject, yet he was obliged to remind
the house that there were at present three inquiries pend-
ing on three most important subjects as regarded the
Court of Chancery. A committee was now considering the
m courts,it te e onno thetfo
rtestamentaryth e
purpose
question of consolidating the jurisdictions of common law
of inquiring' into evils which were generally acknowledged,
but for the purpose of devising a manner in which
jurisdictiona n 4 equity,
a
that jurisdiction could be referred to some other
ofn dthteheerceclwe ecclesiastical
tribunal. He was perfectly well aware of the necessity of
some measure being brought before the house ; but at
the same time he was deeply impressed with an
apprehension lest the progress of this reform should be re-
tarded by its reference to a committee of this house.
There was a committee already prosecuting enquiries on
each side of the subjects' proposed, and to appoint another
would cause delay instead of advantage. He trusted,
therefore, that the house would be contented and con-
vinced with the assurance made by the Lord Chancellor at
the commencement of the session, that his lordship, after
waiting a certain time to obtain the reports of the commis-
sioners, stating the remedies they should suggest, would,
if they were not effectual, bring forward a measure for
the remedy—the complete cure of the evils alluded to. He
(the Solicitor-General) would beg the mover of this resolu-
tion to let it stand over for a short period of time, because
he was sure further inquiries into these wrongs was not
called for, and because the further inquiry into their reme-
dies was not concluded. Then, he was sure that the Go-
vernment would, and that if they did not, the hon. gentle-
man best could, bring in a complete and satisfactory mea-
sure, in order that the question might be at once disposed
of, and the very best remedy devised. There had also
been a committee appointed by the House of Lords some
time ago, regarding the law of divorce, when this also had
reported hon. gentleman might discuss without fur-
ther delay, and with the best chance of obtaining what he
desired, a better one than he could gain by the mere ap-
pointment of a committee, which would add nothing to
the conviction that the house already entertained.
Sir B. HALL suggested to Mi. Collier to rest content
with the assurance given him by the Solicitor-General, and
not to press his motion to a division. He had reason to
know that the subject was under the consideration of the
Government, and he was content to leave it in their hands.
.... _ . ...-- .

Mr. MAGUIRE trusted the investigation wouldinclude
Ireland, as, however odious these courts might be in Eng-
land, they were still more odious in Ireland, where they
where administered exclusively by persons of a different
religion from that of the great body of the people. He
denounced the whole system as one of extortion and rob-
bery.

Dr. PHILLIMORE suggested that it would be advis-
able to consider whether reforms might not be introduced
into these, courts, which would render them efficient and
useful institutions, before they transferred their duties and
jurisdiction to other tribunals, which might not be found
eventually to accomplish all that was anticipated.
The ATTORNEY-GENERAL trusted that Mr. Collier
would adopt the suggestion that had been thrown out, and
withdraw his motion. All were agreed that the nuisance
and abuses of the ecclesiastical courts were intolerable and
ought to be got rid of ; but it was necessary to proceed
with discretion, and all the Government asked was to give
them a little time, and he hoped an efficient measure of
reform would be submitted to the house.
Lord PALMERSTON, in answer to a question from
Mr. Fitzgerald, said the Government would most certainly
include Ireland in any measure of reform that might be
introduced.
After some observations from Mr. WHITESIDE and Mr.
BOUVERIE, the motion was withdrawn.
THE BOROUGHS OF BRIDGNORTH AND
BLACKBURN.

Sir J. SHELLEY brought forward his motion, namely,
1 that the evidence taken before the election committees for
Bridgenorth and Blackburn be laid on the table, and that
the writs for the said boroughs be suspended until Mon-
day, the 4th of April next. In both cases the members
had been unseated on the ground of bribery. He thought
that seeing the Government intended to bring in a bill for
the reform of Parliament, it was the duty of the house to
sift every question of corruption that was brought under
its consideration ; and he trusted that if a case was made
out, the house would issue a commission to inquire into
the state of those boroughs where bribery had been proved
to have taken place.
Lord PALMERSTON said that generally speaking, the
house was shy of not issuing writs, unless 9. very strong
case indeed was made out to justify it in doing so. When
an organised system of bribery was shown to have existed,
it was open to the committee engaged to inquire into the
subject to report specially to the house. No such report
had been made in this case. Still there might be grounds
for the house inquiring into the facts connected with the
place where bribery was reported to have taken place, and
this being so he would support the motion of his hon.
friend, to enable the house to consider the facts of the case,
and to say whether or not the writ should be suspended.
Mr. BOUVERIE, as chairman of the Bridgnorth com-
mittee, felt it right to say, that there were no special cir-
cumstances to warrant the committee in reporting specially
against the borough, and he warned the house to be cau-
tious before they entered into. the proposed inquiry, as it
might lead to great inconvenience as regarded the business
of the house.

Mr. DEEDES, as chairman of the Blackburn committee,
begged also to say that there were no special circumstances
with regard to that borough to justify the committee in
reporting against it; and he concurred with his honourable
and learned friend, that it would be inadvisable to enter
upon the proposed inquiry under such circumstances.
Sir J. GRAHAM said, nothing could be more unfortu-
nate than to suppose that the house should proceed to revise
the decision which a committee might have come to. That
decision was final, both as regarded its substance, and the
manner in which it had been arrived at. But it did not
become the house to consider the circumstances under
which the constituent body had acted under the circum-
stances stated, with respect to the late general election. The
petitions presented to the louse in general alleged that bri-
bery had taken place ix the several places from which they
came. This being so, he the-tight:when bribery was reported
to have taken place, it was the duty of the house to inves-
tigate the facts, to say how far the constitutional body
was affected by these changes. He thought, however,
under the circumstances of the borough in question, it
would be as well if the time for which it was proposed to
suspend the writs were shortened, as he thought the 4th
of April was too long a period for the suspension of the
writ to continue. (Hear.)
Sir J. TROLLOPE reminded the house that there were
still 65 election petitions to be considered, and if the house
proposed to proceed in the way suggested by the hon.
mover of this motion, the house might be led into great
inconvenience, as regarded the amount Of business before
it.

Sir _BENJAMIN HALL said
,that wiirn he road tho
report of the committee, over,which the lion. member for
East Kent presided, he certainly felt not d little surprise
that a more special report had not been made, and that a