HC Deb 14 March 1856 vol 141 cc219-20
THE SOLICITOR GENERAL

said, he would beg to move for leave to introduce a Bill to abolish the jurisdiction of the Ecclesiastical Courts in all matters relating to the probate of wills and grant of letters of Administration, to establish a Court of Probate, and otherwise amend the law in relation to the Administration of the estates of deceased persons. It was necessary to postpone the Bill of last year, because a promise had also been given to introduce two other measures for the purpose of dealing with the entire subject relating to the Ecclesiastical Courts. However, in reference to the Church Discipline Bill considerable difficulties arose; but he was now happy to say, that the Lord Chancellor had that night laid upon the table of the House of Lords a Bill for the improvement of Church discipline, and the noble and learned Lord had also brought in, or would shortly bring in, a Bill on the subject of Marriage and Divorce.

SIR JOHN PAKINGTON

said, he was glad that the Government had adopted the course which he was favourable to last year, of introducing the three measures together, and he trusted that they would be considered solely with reference to their own merits.

SIR FITZROY KELLY

said, he begged to ask whether the hon. and learned Member intended to lay his Bill on the table that night? He also wished to know whether the Bill embraced the deeply important question of matters matrimonial, and whether it was still the intention of the Government, by the Bill in question, to transfer the jurisdiction over all those important subjects to the Court of Chancery?

THE SOLICITOR GENERAL

in reply said, that it was his intention to bring in the Bill at once. He trusted that it would be in the hands of Members within three or four days. With respect to matters relating to marriage and divorce, they would form no part of the present measure, but, as he had just said, would constitute the subject of a separate and distinct Bill, either already laid on the table of the House of Lords, or shortly to be introduced there. With respect to the transfer of ecclesiastical and testamentary jurisdiction to the Court of Chancery, that was not done by the Bill of last Session, though for the purpose of misrepresentation it was so stated out of doors, and even, occasionally, in that House. The Court proposed to be created was a distinct Court, though armed with the same authority as the superior Courts of Common Law and equity, and would be wholly independent of the Court of Chancery.

Leave given.

Bill ordered to be brought in by Mr. SOLICITOR GENERAL, Sir GEORGE GREY and Mr. ATTORNEY GENERAL.

Bill read 1°.

The House adjourned at a quarter after One o'clock till Monday, 31st March.