§ THE EARL OF HARROWBYasked the Lord Chancellor, Whether it is the fact that Her Majesty's Government have given their approval to the abolition of the ancient custom of reading the Royal Proclamation against immorality and vice on the occasion of the opening of the Assizes by Her Majesty's Judges?
THE LORD CHANCELLORsaid, that, in answer to the Question of the noble Earl, he had to state, in the first place, that a Council of Judges was held on the 10th June last, at which, amongst other things, it was unanimously agreed by the Judges present to recommend Her Majesty, by Order in Council, to abolish the necessity of reading the Proclamation against vice and immorality; and in consequence of that intimation from the Judges an Order in Council had been recently made giving effect to it. That Order contained these words— 253
Henceforth it shall not be necessary to read or proclaim in Court at any Assize the Royal Proclamation against vice and immorality heretofore accustomed to be read or proclaimed.Their Lordships would not require him to tell them that it was not from any want of a due sense of the importance of discouraging vice and immorality that the Judges made that recommendation, or that Her Majesty in Council had acceded to it. The reasons which led the Judges to make that recommendation were, that the ceremony of reading the Proclamation, though it was not a very long document, had a tendency, with other things, in some degree to diminish the time available for the business of the Court; secondly, that it was not read, as a general rule, in such a manner as to be likely to operate as a practical admonition to the audience in Court to follow the paths of piety and virtue; and, thirdly—which was, indeed, the chief reason—that it was an anachronism, because it commanded the Judges strictly to enforce certain prohibitions and injunctions, as to which there was no law in existence, and, consequently, which could not be enforced. Among the prohibitions was one against thePlaying of dice, cards, or any other game whatsoever in public or private houses on the Lord's Day;and one of the injunctions was that all the Queen's subjects, of whatever class or degree, should decently and reverently attend the worship of God every Lord's Day. Much as he sympathized with the spirit of these Orders, he was not aware of any law by which they could be enforced. He need only add that, besides these instances, the Proclamation, which originated in the time of Charles II.—a period not conspicuous for the practical discouragement of vice and immorality—contained other things which were not suited to the state of the law at the present time; and, in these circumstances, it was considered that the reading of it would not have the salutary effect which it was intended to have.
§ LORD BRAMWELL, speaking from his experience as a Judge of Assize, said, he thought it undesirable that the Proclamation should continue to be read. It originated in the Reign of Charles II., and continued unaltered until 1860, when some modification was made in it which made it less unreasonable; but 254 still it contained many things that were objectionable. It prohibited all Her Majesty's subjects, of whatever degree or quality soever, from playing on the Lord's Day at dice, cards, or any other game whatsoever, either in public or in private houses, or other place or places whatsoever; and it required and commanded them, decently and reverently, to attend the worship of God on every Lord's Day; and it further strictly charged and commanded all Her Majesty's Judges, Mayors, Sheriffs, Justices of the Peace, and all other Her Officers and Ministers, both ecclesiastical and civil, and all other Her subjects whom it might concern, to be very vigilant and strict in the discovery and the effectual prosecution and punishment of all persons who should be guilty of dissolute, immoral, or disorderly practices; and that they took care also effectually to suppress all public gaming houses and places, and lewd and other disorderly houses; and also to suppress and prevent all gaming whatsoever in public or private houses on the Lord's Day. It would be seen, therefore, that it ordered many things to be abstained from which were not prohibited by law, and it ordered Judges and others to do things contrary to law, and which they had no means of doing if lawful. The result was that the injunctions contained in the Proclamation were constantly disregarded. The Cleric of the Assize, or his officer, felt that, although he had to read it, he did not like it, and, as a consequence, generally gabbled over it in an undertone, the result being that it was scarcely heard, and so much of the Proclamation as reached the public only called forth a titter and laugh. Was that desirable? He thought that it was not, and that it was better, under the circumstances, to abolish the reading of the Proclamation. If a well-drawn Royal Proclamation against immorality and vice befitting the solemn occasion were read at the opening of the Assizes, he could see no objection to it; but the present one was certainly objectionable, and it was better that it should be suppressed. He, therefore, thought the Judges were justified in recommending its discontinuance.
§ THE EARL OF HARROWBYsaid, that he had asked the Question merely to put himself in possession of the facts of the matter. He would admit that the question was a difficult one, and there was 255 no doubt that the doing away with the Proclamation altogether had caused alarm to many persons. The noble and learned Earl on the Woolsack had stated that the original Proclamation was amended in 1860, and the noble and learned Lord opposite (Lord Bramwell) had stated that a well-drawn address in its stead would not only not be objectionable, but desirable. That showed that further consideration should be given to the matter. He did not think the matter ought to drop, and, therefore, he would suggest whether it should not be considered during the Recess, with a view to the reading of the Proclamation being continued in some modified form which would secure the object in view. He gave Notice that he should return to the subject after the Recess.
THE LORD CHANCELLORsaid, the recommendation was unanimously made by all the Judges at a general Council, and that recommendation was submitted to Her Majesty, and she thought fit to pass an Order in Council.
§ THE EARL OF HARROWBYasked the Lord Chancellor, if he understood correctly that the noble and learned Earl would accept an amended Proclamation?
THE LORD CHANCELLORreplied, that he did not intend to express an opinion adverse to that; but this was the first time the subject had been presented.
§ THE EARL OF HARROWBYthought it was a serious matter, and he should ask the Lord Chancellor hereafter the result of his mature consideration of the point.