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

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LONDON, THURSDAY, MARCH 16, 1851.

The Testamentary Jurisdiction Bill on Tuesday
night received its second reading iu the House of
Lords. A pledge was at the same time given that it
should be referred toaselect 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 Coto 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 inconvenience (to use the
mildest term) of creating a New Court of Probate,
which would be engaged sixty days or two mouths
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 Com-
mon 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
ground on which the parties could claim
compensation was, as stated by Lord ORAN-
woltru, that matters were.about to be placed "on
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 mail"
on the eommuflit
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 to the
removal of protection,"
landocracy for the
or,. what is more in
point, if the patrons
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, indeed,
a precedent might be adduced, for in
the Act
of
rather "Treaty," of Union beween England' or
d
Ireland, it was stipulated that the proprietors
the disfranchised boroughs, ascertained by the
" DOD" of the day, should receive 15;000/,
in
hard
cash for each seat surrendered. This, however,
was an example that would scarcely be followed
at the present day, and which, we believe, will
be universally admitted to be " snore 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 barris-
ters—the proctors, as attorneys, without payment
or charge of any kind. Whenever questions arise
which they have made their peculiar study, they

will be eagerly sought for. It requires no precise
enactment to insure the bulk of the busi-
nekia to the best men ; and we confe.:,; ;,;;it W'
►ot > entertain any fear of the study of
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