BILLS BEFORE PARLIAMENT RE- Manslaughter, have not advanced beyond

LATING TO THE LAW.

the same stage.

d

The Bishop of London's Bill for regulating the Trial of Offences by Persons in Holy We hope not to be misunderstood as Orders, which we have endeavoured to anacomplaining of the slow progress of legisla- lyse and describe in a subsequent page, has tion when we announce the fact, that al- not yet, we believe, been read a second though both Houses adjourn this day for the time. Mr. Ewart's Bill to establish an Easter Recess, no measure of any consider- Appeal in Criminal Cases, and the Soliciable importance connected with the admi- tor-General's Bill relating to the Petty Bag nistration of the law has yet obtained the Office, also wait for a second reading. assent of either House of Parliament. Since The Bills proposed by Lord Nugent for the commencemennt of the Session in No-regulating Imprisonment before Trial in vember last, the only bill in which the Criminal Cases, and by Mr. Bouverie for legal profession can be said to be peculiarly the Reform of the Ecclesiastical Courts, interested which has obtained the Royal have not yet been laid before Parliament, Assent is, the Act for Regulating the although promised before Easter. Within the week preceding the adjourn Queen's Prison, (printed ante, p. 555). The Bills relating to the Administration of ment of the House for the Easter holidays, Justice by Magistrates out of Session and two bills were introduced relating to subon Summary Convictions; the Special and jects in which many of our readers take a Petty Sessions Bill; and the Protection of lively interest. Lord Brougham has again Justices Bill;a all of which were introduced presented a Bill for the regulation of the by the Attorney-General, were referred to a Court of Bankruptcy and the Amendment Select Committee some months since, and of the Bankrupt Laws, the provisions of we have since heard nothing of them. The which we shall take an early opportunity of Bill presented by Mr. Baines relative to the laying before our readers; and in the Administration of the Poor Law in disputed House of Commons Mr. Cochrane obtained Cases of Settlement has also stopped in leave to bring in a bill to amend the County Committee; whilst in the Upper House the Courts Act. The proposed amendment is. Bills brought forward by Lord Campbell confined to cases in which persons are comfor the Amendment of the Criminal Law, mitted by an order of the County Court the Prevention of Unnecessary Actions, and judge, and the bill provides that persons so enabling Coroners to take Bail in Cases of committed shall be confined at the debtors'

Ante, pp. 390, 403, and 449.
b As to which, see ante, p. 532.
See remarks, ante, p. 511.

VOL. XXXV. No. 1,050.

b

side of the prison, and that confinement under this act should in no case exceed

d See the bill, ante, p. 428.

C C

578

Bills before Parliament relating to the Law,-Clergy Offences Bill.

seven days. Whatever may be the merits of subjects demanding attention. If a of these provisions, it is very generally felt course productive of so much disappointment that there are many other points connected and mischief should be again adopted, we with the County Courts in which amendments trust it will be resolutely and successfully are not less necessary, and it is to be hoped resisted, and are not without hopes that the this opportunity will not be allowed to pass bill introduced by Lord Stanley to the over, without some attempt to mitigate the House of Lords, for regulating the Proceed admitted inconveniences and evils arising ings in Parliament, will effectually mitigate, out of the operation of the act. The bill is if it does not furnish a remedy for the evil ordered to be read a second time on the 3rd to which we have so frequently directed atMay next. tention.

CLERGY OFFENCES BILL.

A Bill introduced by Sir W. Clay, to amend the Law relative to Remedies against the Hundred for Injuries to Property by Riotous Assemblages, is also deserving of attentive consideration. As we have already THE Bishop of London has undertaken intimated, the Bill for the Repeal of the the very delicate and difficult task of proAttorneys' Certificate Duty, and some posing to the House of Lords "An Act for other measures in which the profession are regulating proceedings in the Case of Clerks peculiarly interested, will be brought under in Holy Orders offending against the Laws the notice of Parliament shortly after the Ecclesiastical." It was universally admitted Easter Recess. It was to be wished that that the Church Discipline Act (3 & 4 Vict. the state of public business, and the dispo- c. 86) did not operate satisfactorily, not, sition prevailing within the walls of parlia- we believe, so much from any positive de ment to postpone the discussion of questions fects in its construction, as from the pecu not urgently and immediately pressing, had liar nature of the subject matter of its ennot combined to prevent measures of this description from being introduced and considered at an earlier period of the Session. The series of political convulsions on the Continent of Europe which unexpectedly followed the re-assembling of Parliament, and the consequent derangement of our Church Discipline Act, which has had a relations with foreign governments-to say nothing of the unsatisfactory state of some portions of the United Kingdom-go far to account for, if not to justify, the indifference with which certain subjects are now regarded, the importance of which, in periods of less excitement, would be uni- After providing that the act of Hen. 7, versally admitted and appreciated. With c. 4, "for Bishops to punish Priests and the prevalence of such a state of feeling out other Religious Men for Dishonest Lives," of doors as well as in parliament, we confess shall continue repealed, and defining the we despair of finding any proposals for the terms "benefice," "bishop," and "dioamendment of the law fairly weighed or cese," the new bill enacts, that all proceed considered during the remainder of the Session.

actments, the novelty of the attempt, and the disinclination manifested in adopting the principles and practice of the Courts of Law and Equity, in Courts established ex clusively for the trial of Ecclesiastical Of fenders. It is now proposed to repeal the

trial of seven years, and to retain such of its provisions as are deemed effective by embodying them in the new bill, which is much more elaborate, and contains nearly double as many clauses, as the act for which it is meant to be substituted.

ings against any Clerk of the United Church of England and Ireland, on account of heresy, false doctrine, blasphemy or schism, shall be conducted in the same Courts and in the same manner prescribed before the passing of the 2 & 3 W. 4, c. 92, "for transferring the powers of the High Court of Delegates both in Ecclesiastical and Maritime Causes to his Majesty in Council, except that an appeal shall lie to the Court of Appeal constituted by this act.

Our anxious hope is, that no attempts will be made towards the close of the Session to hurry through bills affecting the administration of the law, which the profession and the public have not had ample means for considering and discussing. Much of the evil, injustice, and inconvenience arising from the provisions of modern acts of parliament, may be fairly ascribed to the facilities afforded for precipitate legislation towards The next section relates to the consti the close of the Session of Parliament, when tution of the Court of Appeal, which is so -individual as well as official vigilance is ex- singular that we print it without any hausted or distracted by the multiplication material abbreviation:

1

effect of a definitive sentence to a Court of

579

Clergy Offences Bill. B❝In all cases of proceedings taken in Eng- The bishop having cognizance of the land against any clerk in orders, for heresy, cause, at any time before articles have been false doctrine, blasphemy, or schism, an appeal filed in the registry of the diocese, may inshall lie from any decree having the force or stitute a private inquiry, with the consent Appeal to consist of the Archbishops of Canter- of the party accused, and at such injuiry bury and York, the Lord Chancellor, or Lord witnesses may be examined upon oath, but Keeper or First Commissioner of the Great no counsel, advocate, agent, proctor, or Seal, three of the Bishops of that part of the attorney shall be present at such proceedUnited Kingdom called England, the Master of ing, and if the accused party shall confess the Rolls, the senior Vice-Chancellor, the three the truth of the charge in writing, the senior Puisne Judges of the Court of Queen's bishop may pronounce a summary judgBench, Common Pleas, and Exchequer respectively, the Dean of the Arches' Court of ment, which is to be effectual and conCanterbury, the Chancellor of the Diocese of London, and the Regius and Margaret Professors of Divinity in the Universities of Oxford and Cambridge; the three Bishops aforesaid to be appointed from a list of six, named by the Archbishop of Canterbury: no person to sit as one of the said Court of Appeal who is not a member of the United Church of England and Ireland."

clusive.

When articles are exhibited against a clerk at the instance of any other person than the bishop having cognizance of the cause, the articles must be signed by an advocate, and security must be found for costs; and where a beneficed clerk is found guilty, the benefice may be sequestered to pay the costs of prosecution.

Articles exhibited against any clerk for any offence cognizable under this act are to be filed, and a copy served personally on the party accused, and the bishop may

The three bishops forming part of the Court of Appeal are to be appointed by her Majesty, and, with one of the Judges in Equity, two Puisne Judges, the Dean of the Arches, the Chancellor of London, and the require such party to appear before him two University Professors, are to constitute a quorum.

The appeal must be asserted within two months, and an inhibition taken out within three months, or the appeal is void, and the convicted clerk is not to perform any clerical duty pending such appeal.

With respect to clerks charged with offences against the laws ecclesiastical, except heresy, false doctrine, blasphemy, or schism, or with having been convicted of treason, felony, or perjury, or any other offence from which scandal may ensue to the Church, before any temporal court, the bill provides that

and answer the said articles either personally or by agent, and if the party appear and admit the truth of the articles, the bishop in person, or his vicar-general, shall pronounce sentence thereupon according to the Ecclesiastical Law.

In the absence of the bishop, or as his assessor, the bishop may appoint a vicargeneral or commissary, provided he is an advocate of seven, or a barrister of ten, years standing; and to give effect to this provision, so much of an Irish Canon of 1634, as directs that "no person shall exercise ecclesiastical jurisdiction over a minister in a cause criminal, except he has been admitted in holy orders," is to be no longer in force.

"The cognizance of the cause shall belong to the bishop of the diocese in which he shall The archdeacon is to summon incumbents hold any benefice, and in the case of a clerk holding no benefice to the bishop of the diocese for the purpose of electing 16 of their own in which he shall reside, and in case of holding body to form a jury list, out of whom four two benefices in two dioceses in the same pro- are to be chosen by lot to act as assistants vince then to the archbishop of that province, to the bishop at every trial under this act. and if in two provinces in England then to the The proceedings with reference to the Archbishop of Canterbury, and if in two pro- selection of the jury list of incumbents is vinces in Ireland then to the Archbishop of thus provided for :Armagh, and if he hold no benefice, and have no known place of residence in England or Ire- "The bishop shall name a day on which Jand, to the archbishop of the province in which there shall meet before him the Official Princithe offence is charged to have been committed, pal or Vicar-General, or one of the Archdeacons or if the offence is charged to have been committed out of England and Ireland to the Arch-bishop of Canterbury, and such suit may be brought at the instance of the bishop having cognizance of the cause, or by any other person under the restrictions herein-after mentioned."

of the diocese, and the clerk to be tried, or his duly appointed proctor or attorney, all of whom shall be summoned under the hand and seal of the said bishop, and there shall then be drawn by lot, whether the party accused or his proctor or attorney attend or not, by the said Official Principal, Vicar-General, or Archdeacon, from