The Sun.
London, England, 1854-03-16 00:00:00

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LONDON, THURSDAY, MARCH 16, 1854.

The Testamentary Jurisdiction Bill on Tuesday
night received its second reading in the House of
Lords. A pledge was at the same time given that it
should be referred to a select committee for a mature
and careful consideration of its details. Any defects
of omission or commission will thus be remedied,
and we may therefore congratulate the community
on the auspicious prospect of the abatement of
the monster nuisance. The Lord Chancellor, we
rejoice to say, has persevered in his original in-
tention of transferring the business in toto to
another court—a court, too, already established,
in which it would be totally impossible to preserve
an unwise and inequitable monopoly, or to per-
mit new abuses not less grievous than those which
have been so loudly and justly complained of to
spring up gradually but steadily. The Noble and
Learned Lord, indeed, completely refuted the ob-
jections that had been taken against the measure.
He also showed the incourenience (to use the
mildest term) of creating a New Court of Probate,
which would be engaged sixty days or two months
only during the entire year. There would be no
saving of any kind, occasioned by the creation of
a new tribunal ; nor do we see any way in which
it would operate beneficially to the community.
Indeed, it would be rather prejudicial than other-
wise, as it would materially retard the adoption
of a radical and sweeping measure, better suited
to the spirit of the age and the wants and wishes
of the people.
The whole outcry against the measure has been
got up by or on behalf of the present practition-
ers, the advocates and proctors of the various
Ecclesiastical Courts, who naturally enough desire
to retain the lucrative monopoly they have so
long enjoyed. It is, of course, very unpleasant to
any person or body of persons to be deprived of a
very profitable source of revenue which they had
long enjoyed ; but when the interests of a small
minority are opposed to that of the great body of
the people, the former must give way. The ad-
vocates and proctors do not hold offices under
Government, for the loss of which a claim for
compensation might fairly be preferred. They
can found no stronger case than that which might
have been put forward on behalf of the Serjeants-
at-Law when the Court of Common Pleas was
thrown open to the entire bar, or than the Corn-
Inon Law practitioners on the creation of the
County Courts, or the Equity Draughtsmen and
Special Pleaders on the various legal reforms that
have more recently been sanctioned. The only
g'r'ound on which the parties could claim
compensation was, as stated by Lord CRAB-
WORT; that matters were about to be placed "ton
a better footing for the public." To concede the
demand would be to suffer them to take " advan-
tage of their Own wrong"—to levy a "black main"
on the community, as bad as that now obtained,
although in a different form for the remainder of
the lives of the present '
practitioners. It would
be really " too bad." Just as much so as if com-
pensation were given 4
"' the landocracy for the
removal of " protection," or, what is more in
point, if the patrons of the rotten boroughs,
placed in Schedule A, were to obtain a commuted
allowance for the value of the influence of which
they were to be deprived. For the latter, indeeal,
a precedent might be adduced, for in the Act, .or
of Union beween England
aAltd
rather "Treaty,"
Ireland, it was stipulated that the proprietors .of
the disfranchised boroughs, ascertained by ft,,e
"Don" of the day, should receive 15,0001. in hand
cash for each seat surrendered. This, howev(r.r,
was an example that would scarcely be followed
at the present day, and which, we believe, will
be universally admitted to be " more honoured :in
the breach than in the observance."

All that could fairly be claimed is conceded 'by
the present bill. The advocates will be admitted
to the general practice of all the Courts as barrii;s-
ters--the proctor; as attorneys, without paymeztt
.or charge of any kind. Whenever questions arme
which they have made their peculiar study, they
will be eagerly sought for. It requires no preas.e
!enactment to insure the bulk of the bus 1-
mess to the best men ; and we confess that w e
+cannot entertain any fear of the study a f