LORD BROUGHAMwished to ask his noble Friend on the woolsack whether the Bill which he contemplated introducing into that House, with respect to ecclesiastical discipline, contained any provision for doing what he (Lord Brougham) had so frequently urged the necessity of upon the attention of that House, as well as elsewhere; namely, giving to the Court of Appeal—the Judicial Committee of the Privy Council—the very great benefit of having access to the opinions of the Episcopal Bench, or a portion at least of that Bench, upon questions of doctrine incidentally, but most importantly, coming before them. He did not mean to say that the Court of Appeal should be bound by the answers which the ecclesiastical authorities gave to questions, but that it should have the benefit of their opinion and information on questions submitted to them, in the same way that the Court of Chancery had the advantage of the opinion of the Courts of Common Law without being obliged to act upon it.
THE LORD CHANCELLORsaid, that such a provision would be found in the Bill which he should ask permission to lay on the table. His most rev. Friend the Archbishop of Canterbury had been kind enough to communicate to him a sketch of a Bill which he had framed, in conjunction, he believed, with a great number of the right rev. Prelates, for the Amendment of the present law relating to church discipline. That Bill contained a provision for the purpose mentioned by his noble and learned Friend; but, as it was very inconvenient and cumbrous, he had not thought it desirable to adopt it. The course which he proposed to adopt was exactly that which his noble and learned Friend suggested—namely, that some of the Episcopal Bench should attend the Judicial Committee as assessors when their 249 presence would be likely to throw light upon any matter brought before that Court.
§ House adjourned to Monday next.