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    ther , in respect to another topic of great importance , that a greater part of the incomes and revenues of the colleges should be devoted to purposes of instruction , such as to giving additional incomes to professors , or applied in other modes most conducive to giving instruction in the Universities . No doubt , we must keep in mind on this subject , as in other trusts , the purposes for which they were created . At the same time , I do not think it is possible tolose sight of the times in which many of those foundations were made , and the views entertained by those who founded them—views which were entertained naturally and properly according to the belief of the times , and , perhaps , according to the circumstances of the times , but which no longer apply to the present period . For

    instance , it was thought at one time that it was most desirable that a number of studious men , perhaps of the ecclesiastical profession , should devote their time to study and to prayer , and that they should remain in seclusion from the rest of the world . Far be it from me to state that those who devoted their means and their estate to that purpose took a mistaken view of the benefits which might thereby be obtained ! I believe that at a time when no man ' s house was safe , when armed knights were frequenting lanes and valleys to save the peace of the country , and there was no security for life or property , the sacred character given to these institutions enabled , the men thus secluded to preserve the works of learning ; it enabled them to preserve those great classical works which

    at the time of the revival of letters were found in the monasteries and convents , and which amid the din of arms , and amid a state of ignorance , which might have led to barbarism , yet kept alive that sacred flame from which we have derived our civilization . Far be it from me , therefore , to say that they were short-sighted , and still less to say they were not benevolent . But the circumstances of the present day are utterly altered in that respect ; and those same men who , animated by the love of knowledge , made those foundations , would probably , if they lived in these times , be the first to say that instruction of another kind ought to be given . There is another view , likewise , which they might have entertained gpth regard to the localities to which they confined their endowments . It might very well be that a man of property , seeing that his country was in a state of ignorance , and

    entirely deprived of the light of letters and science , might have thought that if he founded in the University of Oxford , or in the University of Cambridge , a fellowship devoted to the inhabitants of that county , it would turn their mind 3 to the acquisition of knowledge , and thereby he might increase the general cultivation , and so civilize the county . I do not say that was not a wise view ; but what I say is , that with our present means of communication , and with the present circulation of knowledge through the country , a reservation which might be wise at the commencement ^ would be exceedingly unwise at the present moment . These , then , are four of the objects which we shall endeavour to keep in view with regard to the University of Oxford : —First , the improvement of the governing power or body ; another , a larger admission of students without belonging to a particular college ; third ,

    the removal or modification of the restrictions which now exist in regard to the attainment of the rewards and honours of the University to a particular-county or locality ; and fourth , the application of some part of the endowments and property of the collogea to the purpose of instruction in tho University , which are now not given for any purposes of instruction whatever . Another object which , I think , wo should havo in vievv is , that when fellowships are attained by students , tho distinction should not bo liold for life , but only for a certain period . Thus wo shall havo a constant stimulus to , and a constant systoin ot \ promotion . Sir , I will not go into tho rccommondations that havo been made by the commissioners appointed for tho University of Cambridge . They

    recommend , in a similar spirit , that those restrictions which I havo mentioned should no longer exist ; but they state that tho University itself is continually , from time to time , adapting its institutions to tho present state of knowledge and tho present state of tho country , and they expect ( hut further improvements will fitill bo mado in tho samo direction . They say that they think it would boa groat misfortune if tho University of CamtJridgo should in any respect fall short of that which is required from it by tho most enlightened view of tho public interests , and tho greatest advantage of tho people of this country . At tho samo

    time , witli a natural pride in tho University to which they belong , they say they are happy to think such lias been tho case , and they further think that it will continue to bo tho cast ) hereafter ; at tho same time they stato their ( iim boliof that tho interposition of Parliament will bo required in ordor to enable the University of Cambridge to make all thoso reforms and improvements which , in their opinion , ought to bo made . Now , Bir , may I venture to Hay that tho persona whom f had tho honour of advising tho Crown to appoint to tho commissions of Oxford and Cambridge wore in on of vory groat distinction ; they were mmi who themselves had attended those Universities—mon

    who had attained to tho greatest honours , some of them in science , and others in classical learning ; and that tluvy approaehod tho subject with that reverence for those groat institutions which such men were euro to fool ? When , therefore , such men as tlioHO advise such extensive allorationa , arid accompany thoin witliHUch observations , I think it is tho purl , of Parliament , without reserve , and wavin g every objection , to consider their tliflercint ; proposals , ana to legislate lor tho improvement of tin ) uirivonjitioH of Oxford antl Cambridge . I trust 1 havo-mudo it clear to tho Houso that we do not propose at tho present . time , or without giving full moiuuito the Universities of qoiiHidering all that we ought , to do , to introduce any bill to Parliiiinont on those subjects . At the name tiino we shall koej > in view tliese objects , wliich we think essential . If tho Universities adopt thorn , and carry them inlo effect an far an they can , and apply to Parliament for powers to carry thorn out Htill further , wo shall bo happy to hoo thorn arrive at that consummation ; but if thoy should not do so ,

    if there should be persons who are still deterred by their prejudices from making any , even the most useful alterations , it will then be our duty , as the Government , not to hesitate , but to bring in such measures as we may think absolutely necessary . " He kindled into prophetic eloquence in his peroration . "I feel that , with regard to these great and most important subjects , that that will happen which we have seen happen in the material world and in physical science . We havo seen that which beggars have passed unnoticed , and which was disregarded , converted into the means of giving brilliant light in our streets and our houses . We

    have seen those powers of nature which were usually considered noxious and destructive employed to carry to distant regions in a few minutes intelligence which a century ago would require weeks , and even months , to convey . We have seen other wonders of physical science and physical study astonish , almost every year , the generations in which we have lived . I feel persuaded that whatever may be the state of society in this country at present , that there is a power at work which will draw up from the dregs and the destructive part of that society the means of establishing religion and morality upon a still firmer basis , and

    which will make religion and morality the crown of our social-institutions . I feel , then , that this is even a still nobler task , that it is even a still greater achievement than those wonders which the acquisitions of science have enabled us to effect . Imploring , then , this House to pay the utmost attention to all the subjects , to take no word of mine as sufficient for the measures that we have to propose ; but begging them to keep in view these great objects upon which the future happiness and welfare of this country must depend , I shall conclude by asking for leave to bring in a bill to improve and extend the education of the people in England and Wales . ( Cheers . )"

    The debate which followed was important , more as showing the tone of the House , than for what was said . First came Mr . Ewaut , approving of the plan , though not all required . Then Mr . Hume and Mr . Gibson , on behalf of KecuLir education ; and contending for a " division of labour" in education , by a separation of the work of the clergyman from that of the schoolmaster . Mr . W . J . Fox at once seized the salient and improvable p irt of the plan , the recognition of tho principle of an education rate . Sir Kobert Ingjlis ,

    of course , was full of unqualified opposition . Mr . Phink proposed the compulsory education of the poor ; and Mr . Blackett made an attack on the Universities . He thought giving them time was bad ; that they would emasculate every proposal for reform ; that time enough had been given ; and he instanced the way in which they had treated the Commission—throwing every obstruction in its way—as a proof of insincerity . Mr . Gladstone replied , making counter allegations , characterizing Mr . Bkickett's speech as one to stop reform .

    This closed proceedings ; and leave was given to bring in the bill . Incidentally it came out that the minute of June , 1852 , transferring certain powers over the national schoolmasters from the laymen to the clergymen , and which was really one of the Derby-Disraeli election dodges , would be cancelled .

    deform : of tier ecclesiastical courts . But the Solicitor-General , Mr . IJcthell , has outshone Lord John , ami has done far more service in announcing the Government meiiHure with respect to the ecclesiastical courts than the great unattached Leader of the House of Commons . The occasion was iiflbrded by the motion for the second reading of an insufficient bill on the probate of wills brought in by Mr . Hadfield . The second rending having been moved , Mr . UethkIjJj delivered the following speech : —

    Uolbre the second reading of the bill ho thought Hint tho House should have a very clear understanding with regard to the ground upon which it ; was proposed that it should bo read a second time . The object of the bill was one tho importance of which could scarcely be exaggerated . Tho whole mibject had been recently brought . ' Detovo the attention of Hit ) House ,- an » l upon that occasion ho had staled that ho should feel it his duly , if the report of the commissioners now Hitting to inquire into the subject of testamentary jurisdiction were * not presented within a very short period of time , to lay on the tahlo of the House a measure which would embrace the whole of this subject , which had been considered and repeatedly attempted I . ) be

    legislated upon over since lH . "i () . The present bill wuh directed to a very small portion indeed of that large antl extensive subject . It was directed to the particular mischief of having to . take out probates of wills anil hitters of administration in ( lill ' erenl , ecclesiastical courl-H . Hy way of introducing the subject ,, t . he House would prt > h : il > ly indulge him while he stated in a very few words Hie present condition of ecclesiastical jurisdiction with regard toteslacy find intestacy . Then ) wiih the prerogative court , of the Archbishop of Can tor bury , and another prerogative court of tho Archbishop of York , and I ho grant of probate of a will in

    one province was of no avail whatever in t . he other . There won ; also the consist . orial courts of Hie bishop of each diocese , anil , in addition to these , there were ui . least . . 'MM ) small tribunals scattered ever the face of the country , which had peculiar jurisdiclion in an area of limited extent , over probates of wills and letters of ndininislnd ion . Tho result , not unfroquontry whs , that a will was required to be proved in tho prerogative courts of Canterbury ami of York , as well as in Scotland and in Ireland ; nay , from evidence that lately eame before the consideration of Hie coumuHnionorfl , it appeared that casea nomotimea occurred

    where a will was proved at least six times . Now , to that mischief this bill intended to address itself , but it had been so imperfectly framed and expressed that it would rentier the evil ten times greater than before . Ho alluded particularly to tho first section , which provided that , any probate of a will or letters of administration granted by any court of competent jurisdiction , should be in all cases , and for all purposes , as valid and effectual , in respect of tho whole of the personal estate and effects of the testator , or intestate , as if the whole of such estate and effects hnd been within the jurisdiction of the court granting such probate or administration ; thus making a dozen different courts , who might differ in opinion , co-equal in authority . It was evident that the good intent of the bill had been altogether marred and defeated by the terms in which it had been expressed . He admitted that difficulties of this nature

    might be remedied in committee ; but he would suggest to the House that they should permit the bill to be read a second time , upon a clear understanding that it should remain on the table of the House until an opportunity was presented to the Government of bringing in a larger" measure , but if the bill of the Government was not brought in within what the House might think a reasonable time , then he should not object to proceeding with the present bill , which he should endeavour to amend in committee by engrafting upon it provisions which would ensure a considerable instalment of the much-needed and long-promlVed reform on the subject of the ecclesiastical courts . If the House would induige him for a short time , he would stale the provisions which he thought it necessary should be added , and in the expectation of which addition he consented to the bill beinc now read a second time .

    The first provision was the total abolition of tho peculiar jurisdictions throughout the country . These jurisdictions stood at present in a very singular predicament , because he thought it would bo found that they were doomed to be extinguished by the act 6 and 7 William IV ., c . 77 , and in truth these jurisdictions , which were an opprobrium to the country , had been continued from time to time by the operation of annual acts , which might be regarded ' as annual acts of indemnity . If the larger measure which it was the intention of the Government to introduce should not be brought in , and if the present bill with the amendments which he had suggested should not pass into a law , he warned those persons who had been in the habit of getting these annual acts

    passed , that he should be on the alert to oppose the introduction of any bill for such a purpose , and he should take the sense of the House upon the question whether the effect of the statute G and 7 Wm . IV \ , c . 77 , should be any longer taken away by these annual acts . By taking away these courts of peculiar jurisdiction , the country would then , be left with the diocesan courts of the bishops , and Hie prerogative courts of tho Archbishops of Canterbury and York . The proposal which he should hereafter have to make would be to abolish Ihc court of the Archbishop of York , and to establish one court of probate for England and Wales on all subjects of contentious jurisdiction . Ho would explain what was meant by contentious jurisdiction . The proving of a will in common form , as it was termed .

    by affidavit , was tho most ordinary woclo of obtaining probate . With the exception of one-tenth , or , perhaps , even one twentieth of Hie cases brought before the courts , all the wills that were made were proved in that form . It appeared to him , therefore , that the proof of a will in common form ought to bo permitted to bo made in Hie manner most convenient to those persons who were resident in the country , and who , therefore , ought not to be ' compelled to resort to it metropolitan tribunal . JIe shouH accordingly propose that there should remain to the diocesan courts the power of entertaining questions of prolinto of wills in common form—not , giving them , however , contentious jurisdiction , nor the power of proving- wills in flolomn form of law by the examination of witnesses , l > u ( ,

    tho power of receiving and passing wills through the common form , when the properly involved came within the limit of a certain amount , say 12 ( H )/ . I '' ven Ihafc power , however , must- be subjected to certain qualifications and condition . ! , and ( he first , provision which Jit ) should propose would be one of the description which lie wiih about , to state . These diocesan courts were presided over by the chancellors of Hie respective dioceses , who were , in fact , judicial officers appointed by tin ; bishop . In many canes these chancellors were men who had been duly trained to ( lie profession of ( he law , and who discharged the duties of their otlice with great , ahilil v , giving greivl Killisfaetion to those persons who came before them , lie would , therefore , allow the testamentary jurisdiction of the

    diocesan courts , subject to the provision that in every diocese the chancellor should be a lawyer of a certain standing . There was another qualification which lie thought it most desirable to at Inch to these courts . lie should propose as one of Ihc conditions of continuing to them a limited testamentary jurisdiction , Hud . every will proved in I hem should be transmitted to n general registry of wills in London , while official copies ol I lie wills should bo kept , for reference in the registries of ( ho different , diocesan courts , which would still he preserved . Not only , however , would idl questions of contentions jurisdiction be withdrawn from f . hcse courts , bid all questions ol law that mig ht , arise upon proving a will in common form , would bo referred to the decision of the metropolitan court ol '

    probuto . In connexion with Ibis limited amount , of testamentary jurisdiction to Hut diocesan court h , bo would givn to the county court a power of administering and distributing the estates of testators and intestates . The giving of u jurisdiction on tho proof of wills ( o-u tribunal which had not the power of controlling and regulating the distribution of a testator ' s estate was an ovil and u mischief which it , was most , desirable to remove . It , would bo proper , therefore , to give the county court , the right , of administering within a en-lain limit Hie estate and offeetH of a deceased pci-Hon . With regard to the metropolitan court , of probate which he proposed to establish , ho should propose that , the Prerogative Court of the Archbishop of Canterbury should bo tranttierrotl ao it at present oxintcd

    Untitled Article

    April 9 , 1853 . ] THE LEADER . 339

• Citation
  • Leader (1850-1860), April 9, 1853, page 339, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/l/issues/vm2-ncseproduct1981/page/3/