own object, of making some altera. tions in the measure.

The solicitor-general regretted very much, that the master of the rols, to whom he had submitted a copy of the bill, had not favoured him with his objections to it sooner. If his right honourable and learned friend had not been present when, on a former day, he stated the grounds of that measure, the fault did not lie with him: he had on that occasion stated, that the law of haded property had been framed with a view to a feudal state of soriety, which no longer existed: it was to pay too great veneration to the wisdom of our ancestors, as it was called, to continue that law unaltered, when the state of society had undergone a change that rendered it inapplicable to its existing state. This had become a great commercial country, and therefore it was necessary to adapt the law of property to such a situation of things. As to the objection, that the principle of the bill would inTolve, in its operation, entailed estates; why should it not? It was a maxim in our high courts of equity, that men should always be taken to do that which they ought to do: and certainly, as the tenant in tail, by suffering a common recovery, might have made the estate liable to his specialty debts, there was no good reason why the principle should not extend to such estates. It would indeed be extremely desireable that copyholds should also be made liaFit to debts; but it was best to proceed gradually this bill, as a single measure, would be highly bene. ficial, and as a first step of a system, an important measure; for he trusted, that if the house adopted his measure, they would not stop

there. He stated cases, in which the children of simple contract cre. ditors to any amount, might be driven to the support of casual bene volence or parochial relief. The state of the law, respecting freehold estates, was a reproach to the country: it was peculiar to this country, and to Ireland. Neither in Scotland, nor in the rest of Eu. rope, could property descend to the heir without being chargeable with all the debts of the ancestor: nor was the law, on this head, in Scotland attended with any diminution in the value of freehold estates. It had been said, that credit had already been carried to too great extent in this country: if this was the case, there was an effectual mode of checking it, and one that would be attended with mutual advantage, which was, the abolition for imprison ment for debt. Mr. Canning, after repeating the arguments of the master of the rols, expressed his conviction that the general doctrine of the adaptation of laws to the supposed state of the country, would open a door for all reformation. After a review of the reign of the philosophers of France, he said, he would undertake to prove to the conviction of speculative men, and many others, that there was nothing so venerable in our law as not to require reforma. tion. If they should begin with such notions, there would be no end of them.

The attorney-general, (sir Ar. thur Pigott) supported the bill, on the grounds of justice and morality; and his only wonder was, that a mea. sure of this nature had not been brought forward sooner. r. Perceval was, on the whole, rather disposed to fa vour the bill. Mr. Morris favour. it decided y, and replied to Mr. Can. L2

ning's

ning's reasoning from the French revolution. he bill was then read a second time, and ordered to be committed to morrow se'nnight; but it was thrown out on the third reading. If great respect was paid by England to Scotland, in the discus sions arising from the measure proposed by Mr. Whitbread for promoting industry, and relieving or preventing the necessities of the poor on the score of education, that respect was amply repaid by the homage almost the whole of the Scotch nation paid to the mode of administer. ing justice, the grand basis of industry of every kind in England. It was universally admitted, that justice was better administered by twelve judges in the whole of England, than in Scotland, so much inferior in Loth extent and population, by fifteen. There was not, nor is there yet, at the time of writing this, any trial by jury, except in criminal cases. In the court of session, formed very much on the mode of the parliament of Paris*, causes may be brought again and again under the consideration of the judges, whose decisions are not so tightly bound down as in England by the anchors of rules and precedents, but float more on the waving surface of abstract reasoning. And the great number of judges, with the debates and alterations which this occasion.

ed, instead of alleviating, only increa. sed the weight of business, and ren. dered it more cumbersome. These were the principal sources of the evils with great reason complained of in the course or forms of process in the administration of justice in Scotland; of the law's expence and the law's delay. Concerning the introduction of juries in civil trial, there was a difference of opinion; though it was general y admitted, that it would be a very desireable improvement in certain cases, and in certain cases on y. But what had been always considered as a grievance by all, was the great number of judges sitting together in the supreme court of civil judicature. And that grie. vauce must have been very palpable, since it had been able to draw into one opinion, a nation so abundant in lawyers, authors, and so many other classes, neither under-rating their own powers of reasoning and invention, nor at all remiss in the ex. ercise of them. For remedying the evils here stated, lord Grenville had, in the preceding session, laid before the house of peers, a plan in the form of resolutions +, which were printed and ordered to lie over til next session of parliament, for consideration. The same nobleman presented his bill for the better re. gulation of the courts of justice in Scotland, to the house of lords,

Feb.

same time, any intention or wish to assimilate the law of Scotland to that of England. It must be obvious, he said, to their lordships, that some measure of this nature was absolutely necessary. Their table was now loaded with appeals, the greater part of which were from the court of session in Scotland, and which increased so much faster than it was possible for their lordships to decide upon them; that their house, with respect to the administration of justice, had nearly become bankrupt. He now proposed to carry into effect the measure, the outline of which had been proposed last session, with such alterations and improvements as had been suggested by a farther consideration. The leading point was the division of the court of session into three chambers, of five judges each. With the smal. ler number of judges, much less time would be taken up in delivering opinions, and there would be a less chance of difference of opinion. It would be, besides, of the greatest advantage that there should be two or three courts of justice of co-ordinate jurisdiction, the decisions in which openly made, and opinions openly delivered, would be immediately canvassed by an enlightened bar, and would be soon examined by public opinion. The suitor ha ving his choice to commence his suit in either of these courts, public opinion would soon point out, by the preference given, in which, if in any, there was the superiority of learning, or enlightened decisions. The next point to be considered, was, the extension of the trial by jury in Scotland to civil cases. Nothing was more conducive to the due

This could be effected only by the trial by jury. In extending this institution to civil cases in Scotland, it was proposed to confine it to suits respecting what he would call personal rights, and not to extend it to suits respecting landed estates: the rights to which, from the nature of the law of Scotland, became wholly questions of law, and did not involve any question of law on which a jury could decide.

The only remaining point to be touched upon, was the institution of an intermediate court of appeal. The necessity of some such arrangement was obvious. In order still further to prevent too frequent appeals, it was proposed, that appeals to that house should lie only against final judgments, and not against interlocutory decrees. The mode in which this intermediate court of appeal, or court of revision, was proposed to be constituted, was, to empower his majesty to appoint a president of that court, and also te appoint the lord chief baron of the exchequer in Scotland, a lord of session, and a member of the court of appeal. The three presidents of the three chambers into which it was proposed, that the court of session should be divided, were also to be members of that court. Lord G. proposed that in order to give time for the due consideration of the subject, the second reading of the bill should not take place until that day L 3

three

three weeks.

Lord Eldon expressed his entire approbation of the general principle of the bill, and declared his wish to give his assistance in promoting its object. He entirely approved of the proposed measure of having three chambers or courts, and a court of revision; convinced that the most essential advantages resulted from the three courts of law in Westminster-hall, which were in fact, courts of revision with respect to each other. to the trial by jury, the court of session was a court of equity, as well as of law: great care would therefore be requisite in framing provisions, for forming issues of fact to be tried by a jury. He thought it would be advisable to fix

As

the second reading of the bill, for that day month, instead of three weeks. Lord Hawkesbury appro

ved the principle of the measure, but thought that the extension of the trial by jury should be detached from the bil, and made the subject of a separate bill. Lord Ellenborough considered this part of the bill as so great a boon to Scotland, that nothing but petitions from the whole population of Scotland could convince him that it was unwise or inexpedient. The lord chancellor (lord Erskine) also highly approved of the whole of the proposed plan. It was agreed, that the second read. ing of the bill should take place on that day three weeks, and the com mitment on that day four weeks.

CHAP.

BOTH

*

OTH houses of parliament met on Wednesday the 8th of April, pursuant to adjournment. The arrangement of the new ministry was now completed, lord Eldon took his seat in the house of peers, on the woolsack as chancellor. The new ministers also took their seats on the. treasury bench in the house of com. mons. About thirty new members were sworn in and took their seats. Lord G. Thynne informed the house from the bar, that his majesty had been waited on with the address of the 25th of March, praying his majesty not to grant any office during life, not usually so granted; and that his majesty had been pleased to return the following gracious answer: "His majesty acquaints his faithful commons, that he will take the subject of their address into his most serious consideration; and thinks it proper, at the same time, to inform them, that he has thought it fit to provide, that in a grant now to be made of the office of chancellor of the duchy of Lancaster, the office shall be conferred only during his royal pleasure. His majesty assures his faithful commons, that, in the

execution of the powers with which he is intrusted by law to grant certain offices for life, as in the exercise of all the prerogatives of his crown, his conduct will at all times be governed by an anxious attention to the public interest and welfare."

The subject that chiefly occupied the time, and interested the minds and passions of men, for the remaiuder, which was very short, of the present parliament, was, the change of administration; the consideration of which drew into debate, what had been so often, and so warmly agitated, the catholic ques tion. In the house of commons, April 9, Mr. Brand, after an introductory speech, in which he quoted the judgment of lord Coke respecting the duty of a privy counsellor, moved, "That it was contrary to the first duties of the confidential servants of the crown, to restrain themselves by any pledge, express or implied, from offering to the king any advice that the course of circum stances might render necessary for the welfare and security of any part of his majesty's extensive empire." Mr. Lambe rose to second the

motion