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

and some of the Bishops were accordingly direottsi
to prepare and bring in a Bill for this purpose. The
Bill, whether introduced or not, never passed, and
the evils of Which King James complained to his Par,
liament continue to exist to this hour.—yleter, hear
They had continued to exist because not complained
of ; and they had not been complained of ht.,.
cause they were felt only by the lower classes—
[Hear, hear !]—lle perfectly agreed that a wornaa's
reputation was a fair and proper object of legal pro-
tection ; but was it just that, while calumny wld
slander were permitted to circulate unpuoisheda mon
the higher orders of society, a coarse word or a hasty
expression should draw down upon the poor and the
defenceless the heaviest vengeance of the !Its. ? -To
him it appeared, that when it was recollected what
I was the habitual language of such persons, Kosocu.

. _
tions of this nature were strong proofs of the malig.
rant spirit residing with the Prosteutor. or,
hear !]—The Right Honourable Gentleman hal ►ery
eloquently enquired, ought the reputation of umlaut
to be wantonly sported with ? He thought cer-
tainly not ; but he could not help feeling some sur.
prize at the st,lect expression and delicate colours
which the Right Honourable Gentleman had used

in this instance, when it was in a►idence that the
abusive words used were ' strictly applicable in
fact, the prosecu rix in that case being notoriously
the keeper of a house o: ill fame. The question wasp

therefore, whether these facts called for inqniry
abs sure
, f
and the probable resul of such an inquiry would be
some improvement, ailed as the Committee might be
with the talents and experience of the Right llos
I oen o
wasu r le ten-
Itil°e mu rani' I eu(a;s fortunately Gentleman.
ntl
ematl.
'r
he itigl‘situated,t
support, and safe from the attacks of the enemies of
innovation. The Ecclesiastical Courts, as now con.
slanted, could only carry their decisions into effect
by the circuitous aids of the Civil Courts, that is, by
means the most .expensive and objectionable. It
would be fortunate, therefore, for the country, and
honourable to the Noble Lard who made the me.
tion, if the sufferings of this wretched woman shoal('
furnish the occasion of accomplisailig, c Idea such
favourable auspices, so d.,irable a reformation. Ile
confessed he could not ses the force of that objectimi
of the Right Honourable Gentleman, which he had
heard on former occasions, that inquiries of this na-
ture had the effect of briaging the Courts into con-
tempt. The true means of rendering establishments
respected by the people was to snake them respecta-
ble. [Hear, hear!] If suspicions were found to
ex'st, let inquiry be made ; if those suspicions were
unfounded, they would then appear to be so ; and
if they were, on the contrary, just, improvements
should be introduced, and the public mind would
rest contented.
Sir JOHN NICIIOL went into a defence of the
Ecclesistical Courts. If the party refused to submit
to the penalty awarded, and to pay the necessary
costs, obedience was to be enforced by such a process
as could be lawMly used. In Coates of temporal
jurisdiction, if the party eondemnstl had not the
means of paying, exactly the saute consequences en-
su.d ; hut yet no man would go ths length of say-
ing that on this account a Committee should be ap-
pointed to enquire into all the temporal Magistracies
;throughout the country. The age of the person, on
which so much stress had been laid try the oble
Lord, was really no good argument why she should
not be amenable to punishment ; for minors were not
unanswerable for crimes of the nature of those sub-
ject to the cognizance of the Ecclesiastical Courts,
any more than minors were to be chargeable with
the highest offences. it had been stated that this
was a mixed suit, partly civil and partly criminal.—
And as to what had been stated respecting the po-
verty of the individual, it certainly could not en-
title any person to commit injuries with impiniiis,
or afford any protection from the necessary pun;i:!-
meat of the law. If the individual be pool,
there was no greater hardship in Ecclesiastical,
than in other Courts; for it was in the poet's
of such a person to defend in forma panperig. IC
the lower orders courant offences, dime must be a
remedy for, these offences, as well as a remedy fur
those of every other class of the community. The
nature of penance had been already explained by his
Right lion. and Learned Friend, and it eould
appear that it was by no means so formidable as
might at first view be imagined. The costs in this
case amounted to 111. 7s. I Id. and if this Hama
should appear large, when to be defrayed by a poor
individual, it was necessary to inquire how this
expence was occasioned. It was occasioned by ob-
stinacy. if the 'party had at once confessed, the
whole expense would only have been about twenty-
three shillings.' It would be very hard if the es-
pences necessarily incurred through the 'enprop..l
conduct of the offender should be thrown upon too
innocent person ; and the Court had no process by
which it was possible to compel the payment of these
expences, but excommunication. He was as ready
-as any person, if a more sufficient and satisfactory
process could be substituted to excommunication, 10
consent to its adoption ; but did it require the ap-
pointment of a Committee to point out this? Surely. it
was a very circuitous mode of going to work, to have
a Committee appointed to examine into the situstion
of the inferior Ecclesiastical Jurisdictions thrall;'-
out the country, in order to find out that excommu-
nication was a roundabout mode of proceeding. .11°
was ready to allow that a Spiritual Court was nut
most favourable sound to the ear ; but it was os!S
fair to take into consideration, that hardly one
in a year, of a Spiritual nature, occurred in t..ts,
Courts, which were intsrwoven iu the judicature
the country. Wills and testamentary papers cousii-
tuted a very great part of their whole occupation
,;
and auother great branch was matrimonial cause
oy
questions respecting the validity of marriage c
tracts for enforcing those contracts, relieving Ii
i, cohabitation, separation on account of adulterf, 3''
so forth. Other descriptions of causes came irio:e
them, such as all those respecting tithes. They
1
W• '
.almost always occupied with questions of civil s
It was no doubt true, the offensive name still coot:
nued, and the odium was much increased by the u"e
of excommimication. This mode of excommunici"
Lion was objectionable, from its being both circuitous
and expensive.. In a Court of Common Law- ";
Epley, when a verdict or sentence was obtains,:
esseatiou was at on directed; either against
geode or Versos" but is the Elecleimstic
al Courts
that coald be done was to excommuuicate, Mul tL