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own object, of making some altera. there. lle stated cases, in which tions in the measure.
the children of simple contract cre. The soicitor-general regretted ditors to any amount, might be drivery much, that the master of the ven to the support of casual bene. rols, to whom he had submitted a volence or parochial relief. The copy of the bill, had not favoured state of the law, respecting freehim with his objections to it sooner, hold estates, was a reproach to the In his right honourable and learned country : it was peculiar to this friend had not been present when, country, and to Ireland. Neither on a former day, he stated the in Scotland, por in the rest of Eu. gends of that measure, the fault rope, could property descend to the
at lie with him : he had on that heir without being chargeable with Krion stated, that the law of all the debts of the ancestor: nor anded property had been framed was the law, on this head, in Scot. Tith a view to a feudal state of so. land attended with any diminution CH8, which no longer existed: it in the value of freehold estates. It
is to pay too great peneration to had been said, that credit had already t** wisdom of our ancestors, as it been carried to too great extent ** called, to continue that law in this country: if this was the case, tunaltered, when the state of society there was an effectual mode of check. und undergone a change that ren. ing it, and one that would be at. dered it inapplicable to its existing tended with mutual advantage, $126, This had become a great which was, the abolition for imprison. comercial country, and therefore ment for debt. Mr. Canning, after it 925 necessary to adapt the law repeating the arguments of the mas. of property to such a situation of ter of the rol's, expressed his con. things. As to the objection, that viction that the general doctrine of ten principle of the bill would in the adaptation of laws to the supposed volte, in its operation, entailed state of the country, would open a Fstates; why should it not? It was door for all reformation. After a i maxim in our high courts of equity, review of the reign of the philosothat men should always be taken to phers of France, he said, he would do that which they ought to do : and undertake to prove to the conviction certainly, as the tenant in tail, by of speculative men, and many others, stfering a common recovery, might that there was nothing so venerable in fare made the estate liable to his our law as not to require reforma. wcialty debts, there was no good tion. If they should begin with pason why the principle should not such notions, there woud be no
Tiend to such estates. It would end of them. indeed be extremely desireable that The attorney-general, (sir Ar. cosholds should also be made lia. thur Pigott) supported the bill, on Po be debts; but it was best to pro. the grounds of justice and morality; ched gradually : this bill, as a sin. and his only wonder was, that a mea. me measure, would be highly bene- sure of this nature had not been brought ficial, and as a first step of a system, forward sooner. Hr. Perceval was, an important measure; for he on the whole, rather disposed to ia. trusted, that if the house adopted your the bill. Mr. Morris favourit Läs measure, they would not stop decided y, and replied to Mr. Can.
ning's reasoning from the French ed, instead of alleviating, only incre revolution. The bill was then read a sed the weight of business, and to second time, and ordered to be com. dered it more cumbersome. The mitted to morrow se'nnight ; but it were the principal sources of the ori was thrown out on the third reading with great reason complained of
If great respect was paid by the course or forms of process in t England to Scotland, in the discus. administration of justice in Scotlan sions arising from the measure pro. of the law's expence and the las posed by Mr. Whitbread for pro. delay. Concerning the introductid moting industry, and relieving or of juries in civi: trial, there preventing the necessities of the poor a difference of opinion; though on the score of education, that re. was general y admitted, that it woul spect was amply repaid by the homage be a very desireable improvement almost the whole of the Scotch certain cases, and in certain cas nation paid to the mode of administer. on y. But what had been algrat ing justice, the grand basis of in. considered as a grievance dustry of every kind in England. all, was the great number of indo It was universally admitted, that sitting together in the supreme cou justice was better administered by of civil judicature. And that ori twelve judges in the whole of Eng- vauce 'must have been very palpabl land, than in Scotland, so much in. since it had been able to draw in ferior in Loth extent and population, one opinion, a nation so abundant by fifteen. There was not, nor is lawyers, authors, and so man there yet, at the time of writing other classes, neither under-ratu this, any trial by jury, except in their own powers of reasoning an criminal cases. In the court of invention, nor at all remiss in the e session, formed very much on the ercise of them. For remedying t model of the parliament of Paris *, evils here stated, lord Grenvil 'causes may be brought again and had, in the preceding session, la again under the consideration of the before the house of peers, a pla judges, whose decisions are not so in the form of resolutions t, whil tightly bound down as in England by were printed and ordered to lie or the anchors of rules and precedents, till next session of parliament. but float more on the waving surface consideration. The same noblém of abstract reasoning. And the great presented his bil for the better number of judges, with the debates gulation of the courts of justice and alterations which this occasion. Scotland, to the house of lord
* James I. of Scotland, who, being intercepted in his way to France, was ed cated in England, ir stituted a court of session in 1425; and James IV, institut
daily council in 1503; but James V. not satisfied with any of these judicatori instituted, in 1532, the present college of justice, and being much prejudiced favour of France, with wbich he was intimately connected by intermarriages au other ties against England, he borrowed from the parliament of Paris, certain forms administering justice, and made them part of his new institution. Trial by jor in all cases, was the ancient law of Scotland; the abolition of juries, and the king of proofs in writing, and by commission, with several other usages in a Scotch laws, as it stands at present, are of French extraction. + See Vol. XLVIII. History of Europe, p. 05.
Fe Feb. 16, 1807 ; disclaiming, at the administration of justice than the pare time, any intention or wish to clear distinction between law assimilate the law of Scotland to and fact: that the facts of a case that of England. It must be obvishould be brought to an issue of fact, des, he said, to their lordships, that apon which a jury might decide, pse measure of this nature was ab. and that the law, as applicable to solutely necessary. Their table those facts, should be clearly disa W now loaded with appeals, the tinguished. This could be effected greater part of which were from only by the trial by jury. In ex. the court of session in Scotland, and tending this institution to civil cases which increased so much faster than in Scotland, it was proposed to it was possible for their lordships to confine it to suits respecting what decide upon them ; that their house, he would call personal rights, and with respect to the administration not to extend it to suits respecting of justice, had nearly become bank. landed estates : the rights to which, ropt. He now proposed to carry from the nature of the law of Scot. into effect the measure, the outline land, became wholly questions of of which had been proposed last ses. law, and did not involve any ques. tion, with such alterations and im. tion of law on which a jury could provements as had been suggested decide. by a farther consideration. The The only remaining point to be leading point was the division of the touched upon, was the institution court of session into three chambers, of an intermediate court of appeal. of five judges each. With the smal. The necessity of some such arrangeler number of judges, much less ment was obvious. In order still time would be taken up in delivering further to prevent too frequent ap. opinions, and there would be a less peals, it was proposed, that appeals chance of difference of opinion. to that house should lie only against It would be, besides, of the greatest final judgments, and not against in. advantage that there should be two terlocutory decrees. The mode in or three courts of justice of co-ordi. which this intermediate court of gate jurisdiction, the decisions in appeal, or court of revision, was which openly made, and opinions proposed to be constituted, was, to openly delivered, would be imme. empower his majesty to appoint a diately canvassed by an enlightened president of that court, and also te bar, and would be soon examined appoint the lord cbief baron of the by public opinion. The suitor ha. exchequer in Scotland, a lord of ving his choice to commence his session, and a member of the court nuit in either of these courts, public of appeal. The three presidents of opinion would soon point out, by the three chambers into which it was the preference given, in which, if in proposed, that the court of session aby, there was the superiority of should be divided, were also to be learning, or enlightened decisions. members of that court. Lord G. The next point to be considered, proposed that in order to give time Tas, the extension of the trial by for the due consideration of the sube jury in Scotland to civil cases. No. ject, the second reading of the bill thing was more conducive to the due should not take place until that day
three weeks. Lord Eldon expres. the second reading of the bill, for sed' his entire approbation of the that day month, instead of three general principle of the bill, and weeks. Lord Hawkesbury appro. declared his wish to give his assis. ved the principle of the measure, tance in promoting its object. Ile but thought that the extension of entirely approved of the proposed the trial by jury should be detached measure of having three chambers from the bi'), and made the subject or courts, and a court of revision; of a separate bill. Lord Ellenconvinced that the most essential borough considered this part of the advantages resulted from the three bill as so great a boon to Scotland, courts of law in Westminster-hall, that nothing but petitions from the which were in fact, courts of revic whole population of Scotland could sion with respect to each other. As convince him that it was unwise or to the trial by jury, the court of inexpedient. The lord chancellor session was a court of equity, as (lord Erskine) also highly approved well as of law : great care would of the whole of the proposed plan, therefore be requisite in framing It was agreed, that the second read. provisions, for forming issues of ing of the bill should take place on fact to be tried by a jury. He that day three weeks, and the com. thought it would be advisable to fix mitment on that day four weeks.
Meeting of Parliament after the Adjournment.- New Ministry.
Motion by Mr. Brand respecting Pledges on the part of Ministers to the King ;-negatired.- A Motion to the same Effect by the Marquis of Stafford in the House of Peers ;-negatived. -- And another against the Change of Administration in the House of Commons by Mr. Lyttleton ;-negativell.–Churches and Glebe Houses in Ireland. Thanks for the Reduction of Montevideo. Prorogation and Dissolution of Parliament.
DOTH houses of parliament met execution of the powers with which
D on Wednesday the 8th of April, he is intrusted by law to grant cerpursuant to adjournment. The ar- tain offices for life, as in the exerrangement of the new ministry * cise of all the prerogatives of his was now completed, lord Eldon took crown, his conduct will at all times his seat in the house of peers, on the be governed by an anxious attention woolsack as chancellor. The new to the public interest and welfare." ministers also took their seats on the. The subject that chiefly occupied treasury bench in the house of com. the time, and interested the minds Lions. About thirty new members and passions of men, for the rewere sworn in and took their seats. mainder, which was very short, of Lord G. Thynne informed the house the present parliament, was, the from the bar, that his majesty had change of administration, the conbeen waited on with the address of sideration of which drew into debate, the 25th of March, praying his what had been so often, and so majesty not to grant any office warmly agitated, the catholic ques. during life, not usually so granted; tion. In the house of commons, and that his majesty had been pleased April 9, Mr. Brand, after an introto return the following gracious ductory speech, in which he quoted answer: " His majesty acquaints the judgment of lord Coke respecting bis faithful commons, that he will the duty of a privy counsellor, take the subject of their address into moved, “That it was contrary to the his most serious consideration, and first duties of the confidential serthinks it proper, at the same time, vants of the crown, to restrain themto inform them, that he has thought selves by any pledge, express or ima it fit to provide, that in a grant now plied, from offering to the king any to be made of the office of chancellor advice that the course of circum of the duchy of Lancaster, the office stances might render necessary for shall be conferred only during his the welfare and security of any part royal pleasure.--His majesty assures of his majesty's extensive empire." kis faithful commons, that, in the Mr. Lambe rose to second the
* For a list of which, sce Appendix to the Chronicle.