Star.
London, England, 1813-06-18 00:00:00

ECCLESIASTICAL COURTS.

Sir W. SCOTT brought up the report of thy Bill for the ty;
lotion of Ecclesiastical Courts

Mr. WESTERN doubt:al whether the Bill would accontpli.k
the abject which it professed to have in view. The country was
deeply indebted to a Noble Lord (I.ord Fo!ketone) who bad brit
come forward to relieve the subject from the oppressive weight ut
the Ecclesiastical Law. Hu had been iuduced to do so on the
petition of a poor female who had been most severely punished,
while her only fault had been inexperience and ignorance. Its
hail intended to propose a measure winch should prevent the re-
currence of such injuries: but there was nothing in the preaest
Bill of the Right Hon. Gentlemar, evert if it should pass auto a
law, which would prevent such a recurrence. He should state
another case to the House, in addition to those already before
them, which would shew the arbitrary stature of these Ecele.iaiii.
cal Courts, and the almost impossibility of escaping their power.
It was a case of defamation. The person accused was a most re-
spectable gentleman, engaged in a large way of hudness ; be had
been appointed assignee to the estate of a bankrupt, and was alui
a creditor to a considerable amount. At a meeting of the assignees,
when the accounts of the bankrupt came to be invessigtediitiels
found, tat a large sum, amnubting to nearly two thirds of the
whole effect., had been paid to a person whose initials only (J. C.)
were put down. The assignees were surprised, and enquired
who was intended by these initials. They discovered that it *a
a lady with whom the bankrupt had been acquainted: upon
which one of them called her by that name Which from circum-
stances appeared to belong to her, nnd which could not fail to
suggest itself on such an ecca-ion. For this he was proceedei
agaii.t in a libel for defarnwion in the Costs story Court of Surrey,
and was acquitted, the prosecutrix being condemned In cats—
But the matter did not end here: he was again prosecuted in the
superior Court of Arches before the Right Hon. Gentleman, and
as foutd guilty on the very same evidence on wkich he had
been before acquitted. He was c.odensued to do penancee.that
is, to ask pardon in the public church, and before his Goo total
hitoselt guilty of that offence of which he felt that he was baste
c.ent. Surely it was a profanation of rel.glon to allow that such
a punishment should be inflicted on any man. 'the Court,
deed, afterwards granted him a dispensation : i.e. be was allow-
ed to purchase an exemption f.ont a declaration of guilt fer £95
he had ask .d fur what purpose this nuiney Was to be paid, and
could not obtain any loformation. Tile, and cases like this,wete
evils far which some remedy should he appropriated ; end be
could see no protection in the ere-ent Bill against a like pievacte
happening any day to any haute dual. The consequence of tits
law in these Courts being such as it now la—two persons had
been imprisoned in the gaol of Nottingham for some years, be-
cause they would not perjure themselves. He would only beg
leave to ask, if It was right these people should have been im-
prisoned for such a length of time, because they would sot take
oaths which their conscience told them they ought not to take.
Sir WILLIAM SCOTT said he would allow, that in marl
innauces, in this Court, there seemed to be an appearance at
hardslep ; but if parties would suffer judgment to go by default,
it was not the act of the Court, but of the party Moue. These
parties had been cited to appear and to put in their plea over NA
over again ; and if they would be obstinate and refuse to pinul—
if they would suffer judgment to go by default—the Court bat
but one rule to go by—it mutt pass judgment oo the party ac-
cused; and after having pa.sed that judgment, it could not after
wards Mind relief. It had no power whatever to exonerate the
party, either from the whole or any part of the punishment,
which it had been compelled to inflict on them. If parties in
such cases would not do that whiciothe law required of them, it
was their own fault, and the Overt could give no redress. In
this case, the Magistrate of the County has insisted that the mans
liege should be proved, and its valrdsty estabilshed. The parties
bad refused Lo do this, and he could see no oppression whatever
in the case— because the parties ttrullti not do any thing by way
of relieving themselves. This was an affair which he th night
should not pass without notice, and it was to remedy there ea-
ring inconsistencies that he had brought in the present Bill.
Sir JOHN NICOL entered into the particul .rs of •he case
mentioned by Mr. Weston, and said the £95 expense incur.:)
by the defendant were mere oasts, and that no such thing as die
pensation existed.
Sir SAMUEL ROMII.I.Y expressed the satisfaction he felt
at the present Bill, although, in his opinion, it did not go far
enough. The judgment of the Court, in the ease mentioned by
his Hon. Friend, was, he believed, correct and unavoidable, but
at the same time afforded a decisive condemnation of the conste
_

tution of the Court. lie thought it, however, a most cruel It.-
justice, that k creell.nr, who found his property bad been wasted
on the vicious indulgencies of a bankrupt, should be prosecuted
for appiying terms, the truth of which he was nut allowed le-
gally to justify—[Hear ! hear '1 he second trial was said to he
an appeal; but no second trial for a criminal offence could srkle
place in any other Court. He could not see why such offences
should not be transferred to Courts of Common Law. The
great evil of Spiritual Courts was their expense and impalect
mode of receiving evi.!ence, which ought, he conceived, to be
assimilated to the practice of Courts of Equity. It was his inten-
tion to move two clauses in the Committee—one for requiring
due qualifications in the Judges of the Cunsistory Court, and t:ie
other for limiting the period within whisk suits might be brought
for the receiving of tithes to six years.
Mr. W. SMII.II vindicated the persons described by Sir
ic.et, as fanatics, who had sufficiently shewn that they were not
proiligantly suffering an imprisonment of eleven years in Notting-
hank gaol. Cases of considerable hardship might easily be ia•
maimed, under the jurisdiction of the Court. Two women con-
sented to suffer twelve years imprisonment in Lincoln gaol, rather
than plead to their maiden names, which they considered eqi•-1
to en acknowledgment that they had lived in an illicit ovular
with the permit's they claimed for their husbands. He woald
not say that they were not tanatical or fou!ish ; but he would rot
say they were not 'profligate, and he conceived that they had Kl-ft
hardly dealt with. It was ix-rtes..' ly childish to cause a man to
make a confession of the justice s.f Lis sentence, when perhar
he
did nut believe .t—it resem:ded the mode so very prevalent
well known at the inquisitorial tribunals; to call upon a m ie
therefore to confess his guilt, which must be establist.ed by other
evidence to be satisfactory, was a species of Injustice known let
where else. These things, though they left no stain on the Judze
himself, were improper and ought to be abolished.
Mr. STEPHEN maintained, that in the sentences alluded ro
the ledges had conducted themselves with the strictest proprietY ;
but he candidly admitted, that certain alterations, attended wash
happy effects, might be made in the law.
air S. itOMILLY moved the resouunitment of tile lii amt

the Hone accordingly It totted War Bite t ebittlAttek ite
then mond several clauses to be insetted in the Bills hesong
.which he principal were, that Judges in thti Gerd houets
shook' he Advocates of tithe years standinj it the Court of
Arche4. or Barristers of three years standing.' with the degree ef
B.chLlor of Laws in either of die two English Universities; and
that no action should be brought, or suit instituted for the reco-
ry of tithem, unless within six years after the same bad become
eug. The clauses were agreed to, and the Howe haViag re•
turned, the report w:s brought up. •
Ihe other Orders of the Day were thed disposed of, and the
House adjourned.