Apropos of the Court of Arches once held in Bow Church. "The Commissary Court of Surrey," says Mr. Jeaffreson, in his "Book about the Clergy," "still holds sittings in the Church of St. Saviour's, Southwark; and any of my London readers, who are at the small pains to visit that noble church during a sitting of the Commissary's Court, may ascertain for himself that, notwithstanding our reverence for consecrated places, we can still use them as chambers of justice. The court, of course, is a spiritual court, but the great, perhaps the greater, part of the business transacted at its sittings is of an essentially secular kind."
The nature of the business in the Court of Arches may be best shown by the brief summary given in the report for three years—1827, 1828, and 1829. There were 21 matrimonial cases; 1 of defamation; 4 of brawling; 5 church-smiting; 1 church-rate; 1 legacy; 1 tithes; 4 correction. Of these 17 were appeals from the courts, and 21 original suits.
The cases in the Court of Arches were often very trivial. "There was a case," says Dr. Nicholls, "in which the cause had originally commenced in the Archdeacon's Court at Totnes, and thence there had been an appeal to the Court at Exeter, thence to the Arches, and thence to the Delegates; after all, the issue having been simply, which of two persons had the right of hanging his hat on a particular peg." The other is of a sadder cast, and calculated to arouse a just indignation. Our authority is Mr. T.W. Sweet (Report on Eccles. Courts), who states: "In one instance, many years since, a suit was instituted which I thought produced a great deal of inconvenience and distress. It was the case of a person of the name of Russell, whose wife was supposed to have had her character impugned at Yarmouth by a Mr. Bentham. He had no remedy at law for the attack upon the lady's character, and a suit for defamation was instituted in the Commons. It was supposed the suit would be attended with very little expense, but I believe in the end it greatly contributed to ruin the party who instituted it; I think he said his proctor's bill would be £700. It went through several courts, and ultimately, I believe (according to the decision or agreement), each party paid his own costs." It appears from the evidence subsequently given by the proctor, that he very humanely declined pressing him for payment, and never was paid; and yet the case, through the continued anxiety and loss of time incurred for six or seven years (for the suit lasted that time), mainly contributed, it appears, to the party's ruin.
THE PREROGATIVE OFFICE, DOCTORS' COMMONS
As the law once stood, says a writer in Knight's "London," if a person died possessed of property lying entirely within the diocese where he died, probate or proof of the will is made, or administration taken out, before the bishop or ordinary of that diocese; but if there were goods and chattels only to the amount of £5 (except in the diocese of London, where the amount is £10)—in legal parlance, bona notabilia—within any other diocese, and which is generally the case, then the jurisdiction lies in the Prerogative Court of the Archbishop of the province—that is, either at York or at Doctors' Commons; the latter, we need hardly say, being the Court of the Archbishop of Canterbury. The two Prerogative Courts therefore engross the great proportion of the business of this kind through the country, for although the Ecclesiastical Courts have no power over the bequests of or succession to unmixed real property, if such were left, cases of that nature seldom or never occur. And, as between the two provinces, not only is that of Canterbury much more important and extensive, but since the introduction of the funding system, and the extensive diffusion of such property, nearly all wills of importance belonging even to the Province of York are also proved in Doctors' Commons, on account of the rule of the Bank of England to acknowledge no probate of wills but from thence. To this cause, amongst others, may be attributed the striking fact that the business of this court between the three years ending with 1789, and the three years ending with 1829, had been doubled. Of the vast number of persons affected, or at least interested in this business, we see not only from the crowded rooms, but also from the statement given in the report of the select committee on the Admiralty and other Courts of Doctors' Commons in 1833, where it appears that in one year (1829) the number of searches amounted to 30,000. In the same year extracts were taken from wills in 6,414 cases.
ST. PAUL'S AND NEIGHBOURHOOD. (From Aggas' Plan, 1563.)