The Statesman.
London, England, 1812-01-24 00:00:00

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eras obtained on payment of the costs by his son. He
asked,was it becoming that persons should be punished
in this manner for imaginaryoffences? Theuncertainty
of obtaining justice, too, in this Court, he contend-
ed, was equal to a denial of justice altogether. In
another case, the cost against a man and his wife.
amounted to 521. In a case of defamation, where
the Defendant was excommunicated for not answer-
ing, the cost against him amounted to 561. So it ap
peared that the amount of these punishments, for he
could call them nothing else, wss extremely uncer-
tain ; and that the obtaining of costs was really the
object which was contended for, instead of the cor-
rection of morals. In these Courts, his Lordship
could not help observing, that there was always to
be found a commutation for penance and excommu-
nication. So much so was this the case, that Sir W.
Blackstone, in speaking of the proceedings of that
Court, says, that property is the best medicine for
the diseases occurring in that Court. In all cases
where penance or excommunication were enjoined,
they were sufficiently satisfied by the payment of
costs, /led if this atonement was made, the good of
souls was entirely disregarded. In the distant
Courts, no attention was even paid-to the absolu-
tion of souls, nor did it seem that they were aware
even that such a process was required. It was
evident, however, that the same publicity given
to the excommunnication, ought to be Oven
to the absolution. This his Lordship had no
doubt was to be attributed to the ignorance of those
persons as to what was their duty ; but still the ef-
fect of it was such as the House was called on to
check. As to the case of Mary Ann Dixon, on
hich he had grounded his promo application to the
Ilouse, it was to be observed, that she was a minor.
This defect, however, it might be alleged, had been
cured by her appearance. That, non-appearance
was a crime of a very deadly dye, lie found, from
recurring to a case where a person, for not appear-
ing to a citation, had 'been confined for three years
and a half. Under the Civil Law, however, he un-
derstood, a person who was a,t»inor was not liable
to be sued, and was not even liable in costs. So fu-
tile even was it held to sue a minor in an Ecclesiastical'
Court, that he found an instanc., where it was held,
that a per. .nit called on to appear for accusing another of
cruelty and adultery, could not be compelled to appear
in respect of minority. This being so, he could hardly
conceive that a case could be conceived in which a
minor could be rendered answerable in a Civil Law
Court. There was another great irregularity in
this case of Mary Ann Dixon. She was directed to
do penance generally, but she was not told in what
respect she was to do it ; and her mother applied
again and again to be informed in what manner her
daughter should purge herself ; but this information
was denied her. His Lordship could mention other
cases where proceedings had been held in some of
these inferior Ecclesiastical Jurisdictions, even after
prohibitions of the Court of King's Bench. But if
Courts would so proceed, must not a stop be put to
their actings, and to the grievances thence arising ?
There was a particular class of cases peculiarly de-
serving of attention, and of every degree of reprehen-
sion with which the Ilouse could regard them—he
meant Defamatory Causes, which were often brought
for the gratification of the worst passions of the hu-
man mind—malice and revenge. He referred to the
case of a woman, who having been sued for defaming
the character of a person notorious for keeping a
house of bad fame, the Judge of the Court where the
cause was brought, on the narrative that he had to
provide pro solute (wind, and having the fear of God
before his eves, ordered the Defendant to declare
that she had been guilty of an infamous calumny,
and that the party injured was restored to her
fair fame. Yet, by such decisions as these, were
persons of the description alluded to supported. his
Lordship was aware he had not done justice to the
cause he had espoused ; but even those facts which he
had stated, he presumed to think, were sufficient to
ground him in moving for the Enquiry which he was
now about to propose. At the time of the Reform-
ation a regulation of these Courts had been pro-
mised, but no such measure had ever yet been carried
into effect. It had frequently since been talked of,
but nothing had followed in consequence, and the
House would not be inclined to think, that a system
which required reformation upwards of a century
ago, had got much better by that lapse of time. His
Lordship concluded by moving, That a Committee be
appointed to examine into the practice of inferior
Ecclesiastical Jurisdictions, to examine if any, and
what, reforms are necessary in the proceedings of
those Courts, and to report thereon to the House.
The motion being seconded,
The Hon. W. HERBERT observed, that the
stutement of his Noble Friend pointed out many ra-
dical objections to the state of the law, but not to
the administration of it as practised in the Court,
over which a Learned. Judge, whom he had now in
his view, presided. He agreed that it would be de-
sirable that the law should not continue as it was, in
many of the respects alluded to by his Noble Friend.
Bet still, such was the law, and an enquiry into the
proceedings of inferior Ecclesiastical Courts would
not have the effect of doing away the evil. The evils
complained of in a great measure arose from the jea-
lousy of the Courts of Common Law, in regard to
the proceedings of the Ecclesiastical Courts, which
compelled them to have recourse to a circuitous mode
of giving effect to their decisions. If the Ecclesias-
tical Courts had proper authority to enforce its deci-
sions, the expellees would be small, and the effects
of their sentences would be infinitely less burden-
some than they were now felt to be. By the Act of
the sth Elizabeth, the Writ de Rxcommunicato Cu-
?lend() was first returnable to the Court of King's
Bench, this caused an additional expence. The fact
was then certified to the Ecclesiastical Court, and
then a writ for the delivery of the party ar-
rested into the hands of the Ecclesiastical Tribunal
was issued. Thus the anxiety which the Courts
of Common Law felt for the liberty of the sub-
jee, as far as the Ecclesiastical Courts were con-
eeenod, enhanced the matter of costs, and produced
an very inadequate to the original offence. It
appear( d to him (Mr. Herbert) to be desirable that
*his law, as it now stood, should be reviewed, and
also that w person shosid have any sort of eccle-
siastical corbmitted to him; who wps not
fully amen vent in ecclesiastical matters. The ap-
pointment of a Committee, howevei, could not
give relief ja ai\ly one of the points to which his 1,10-