GENERAL HISTORY. 



[2; 



not remedy the evil. The harcl- 

 shi|js complained of in a great mea- 

 sure arose from the jealousy of the 

 courts of common law in regard to 

 the proceedings of the ecclesias- 

 tical courts, which compelled them 

 to a circuitous mode of giving 

 effect to their decisions, thereby 

 enhancing the costs. The appoint- 

 ment of a committee could not 

 give relief in any one of the points 

 to which his noble friend had 

 alluded : he thought, however, 

 there was one subject to which he 

 had referred, which was of great 

 importance, namely, the appoint- 

 ihent of persons to exercise ecclesi- 

 astical authority in the inferior 

 courts, who did not possess the re- 

 quisite qualifications. 



Sir William Scott said, that he 

 could hardly believe that the noble 

 mover was himself aware of the 

 nature and effect of his motion, 

 and he trusted the House would 

 pause before they agreed to the 

 proposed inquiry. Let them con- 

 sider the number of persons who 

 mu^tl)e brought up to be examined 

 from different parts of the country 

 at an expense they were ill able to 

 discharge. Let them also reflect 

 that every court, however inferior 

 in its jurisdiction, was entitled to 

 be held in a decent state of respei t 

 till it was proved to have done 

 something to forfeit its character. 

 The points which ecclesiastical 

 courts were called upon to decide 

 were not so limited as the noble 

 lord supposed. They included ma- 

 trimonial and testamentary law, 

 tythes, and many cases affecting 

 the civil rights of mankind. He 

 should not say that such jurisdic- 

 tion ought to be conferred on the 

 consistorial courts, but such they 

 had enjoyed for centuries. Our 



ecclesiastical law had been im- 

 proved, and under the guidance 

 of the courts of common law, had 

 approximated to the changes in the 

 situation of the country. The noble 

 lord had been able to select only 

 seven cases of what he called abuse 

 and oppression, and he had erred 

 in terming those causes, which 

 were in fact merely suits, the 

 ordinary process of all who claimed 

 legal redress for an illegal wrong. 

 Sir W. then proceeded to comment 

 upon some of these cases, and 

 particularly on that which was the 

 subject of the petition before the 

 House. Aft«r various observations 

 in defence of the ecclesiastical 

 courts, he said, that he did not 

 pretend to assert that their consti- 

 tution might not be improved, and, 

 in his opinion, a diminution of 

 their number would be beneficial. 

 As to the particular punishment by 

 excommunication, he wished some 

 other were substituted in its place. 

 It appeared to him an abuse of a 

 religious ceremony, and that it 

 would not be diflRcultto find a sub- 

 stitute for it which would be njore 

 efficacious, less expensive, oppres- 

 sive, and unseemly. 



Sir S. Roniilly spoke in favour 

 of the proposed inquiry, as not of 

 the extensive nature which had been 

 represented, but only in the first 

 instance requiring an investigation 

 of the cases particular!)' before 

 them, and of the state of the 

 courts out of which they had issued. 

 He thought much good might arise 

 from it, especially if the right 

 honourable gentleman, who had 

 distinctly expressed himself in 

 favour of an alteration in the ex- 

 isting law, and whose known ad- 

 miration of established institutions 

 would preclude the danger of a cry 



of 



