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All the other Bishops of the Church of explanation, would place him in an invi. England examined as well as he, (the dious light with respect to his brethrenBishop of Peterborough,) and his questions he meant that in which it was said that could no more be called tests than theirs. he paid no attention to testimonials from In doiug what in this instance was the another diocese. This was not correct : subject of complaiut, he had only per- he paid all the attention to testimonials formed a very important part of his duty, which could be required of him. These in the best manner he could. This testimonials merely purported that he brought him to state simply the facts of who signed them believed the person to the case, on which a charge of harshuess whom they referred to possess a good and serority had been founded. Last character, and to entertain orthodox opiautumn the petitioner applied to him (the nions. But there were so many different Reverend Prelate) to liceuse a curate for ideas about orthodoxy, (hear, bear,) that a parish of which he is Rector. He re- a bishop would not do his duty if he did quired that, before license, the proposed not satisty himself of the doctrines of curate should be examined as to the Ar- those who applied to him for license. He ticles; and as he resided in the bishopric therefore had resolved to judge for himof Norwich, hc (the Bishop of Peter. self in this inatter, through a direet exaborough) transmitied him a list of ques- nination by question and answer. He tions to which he requested answers. If (tle Bishop of Peterborough) came now a bishop was not allowed to proceed thus to consider the allegations in the petition, far on his own discretion, it would be on the truth or falsehood of which the better to aholish Episcopacy at once, and, application must stand or fall. The first instead of the Episcopal order appointed, allegation was, that he (the Bishop of to establish another Assembly of Divines Peterborough) had introduced new tests at West ininster. What did this curate into the Church, and refused licenses or do in consequence of his receiving these ordinations till he was satisfied that they questions ? He returned answers not were complied with. Now this he had plaiu, short, and direct as he ought, but no hesitation to say was false. He exaintricate, controversial and unintelligible, mined by question aud answer. He had When he was expected to be most ex- a right to do so, and when he put an plicit, he was most obscure, and one of intelligible question, he was entitled to his dissertations occupied ten folio pages an intelligible answer. If he examined closely written, where a few words would with undue severity--if he made his own hare best suited the purpose. Such a opinion the standard of truth-and alpaper was no answer to his questions lowed no difference even in matters on it was an attempt rather to evade their which the Articles did not decide, then object, and to insult their author, than he might justly incur the charge brought to state the opinions of the writer, or to against him in the petitiou. But he de. satisfy the mind of the examiner. If he nied that he had examined with screrity : (the Bishop of Peterborough) had a right he only put questions and required intelto put any questions at all, he had a right ligible answers, and he nerer rejected any to see that their purpose was not defeated application where the answers were intelby the usc of evasive verins, or by wrap- ligible, and the doctrine stated in them ping the answers in a mass of controver- conformable to the Articles. The peti. sial inatter, which rendered them unin. tioner had said that he had added thirtytelligible. Finding that the object of this six new articles to the former eightyperson was to conccal and disguise his seven. The fact was, that the thirty-six opinions rather than to express them, he questions were a substitute for the eighty(the Bishop of Peterborough) sent him seven, instead of being an addition to another set of questions. (A laugh.) To them. The Reverend and learued Prelate these he sent no distinct answer, but re- said, that the best answer he could give ferred to his former dissertatious, saying, to the charge of severity was, that in the that he had already answered them. In course of five years, in an extensive diothese circumstances he could not do cese, only three applications had been otherwise than refuse to license him. He rejected. He then went over all the could not certify the soundness of his other allegations of the petition, either doctrines without knowing what they denying their truth or explaining away were; and he could not know what they their force. The point at issue was simwere when he would not give intelligible ply this-whether a bishop had a right answers to the qnestions which were in- to examine on the Articles in his own tended to ascertaiu them. He (the Re- diocese. If. this was admitted, then the verend Prelate) came now to another mode of examination must be left to the point of the noble Lord's speech, in which examiner, himself. That such a right he stated a circumstance' that, without existed was plain from the forty-eighth canon, which required every candidate He (Lord Holland) would broadly assert, for orders to give an account of his faith. that it was ambiguous and doubtful, Such an account could pot be obtained whether by law he had a right to do so; by an examination of proficiency alone; and whether he did or did not possess therefore the bishop was authorized by it, it had always been thought most imthis canon to examine in the Articles. prudent and improper in the Right ReveThe petition concluded by praying their reud Prelate to assert it. With regard Lordships to address the Crown to en- to the canons, when he heard the Right force the Royal declaration. That Royal Reverend Prelate speak of them in a tone declaration he (the Bishop of Peterbo- of such authority, he (Lord Holland) rough) had been endeavouring to support could not help at least hinting a doubt in the conduct which was the subject of whether those canons were, in truth, any complaint. If, therefore, they were to part of the law of the land, for they had address the Crown, it should be, not in a never received the sanction of Parliament, prayer to enforce the Royal declaration, like the Litargy, the Articles or the Ho. but in a recommendation to issue the milies. The 48th canon was the only Royal mandate to prevent the Bishop of one on which the claim now set up could Peterborough from examining by question be rested : but even this (and his Lord. and answer. If such a mandate were ship read the words of it to illustrate his issued, he should obey it; but the previ. position) was liable to two interpretapus question was, should the Crown be tions. It was not to be disputed that petitioned to suspend the laws of the the petitioner had subscribed the ThirtyState ? He (the Reverend Prelate) now nine Articles, and that act hitherto had examined in obedience to, and in con- been considered a sufficient test. Lookformity with, these laws, and a law could ing at the history of these Thirty-nine not be abrogated by one branch of the Articles, he found that they had been put legislature only. He used no authority into their present shape at the commenceto which he was not fairly entitled ; he ment of the reign of Elizabeth, in the was not conscious of having abused any year 1562 ; and with reference to their of his rights, though, like other men, he doctrines, he must say, that from the pewas liable to errors. He had proved that riod of the Reformation down to the time the petition was founded ou false alle- of that good man Hooker, and even of gations, and he called upon the House that bad man Laud, the principles of Arto pause before they acquiesced in an mivianism were unknown to the Church application supported on sophistry and of England. Before he sat down, he fallacy. He left the matter entirely in would undertake to prove that one of the hands of their Lordships ; he had no the greatest ornaments of the Bishops' personal interest to serve ; he should Bench had said that those Thirty-nine suffer no personal loss by being debarred Articles contained opinions on which a from a mode of examination of the pro- clergyınan of the Church of England priety and utility of which an experience ought not to be examined. Was the of five years had convinced him.(Hear, Right Reverend Prelate quite sure that hear.)
such men as Parker and Sanderson could Lord HOLLAND began by stating, that have satisfactorily answered his queshe disapproved of the language which tions? Was he quite sure, even that all the Right Reverend and Learned Pre- of those by whom he was now surroundlate had employed in speaking of the ed, scrupulous and conscientious men, if petitioner : such language was harsh in they chose to embody their opinions, and itself, and not becoming the quarter reply to his eighty-seven questions, therewhence it proceeded. With regard to by giving some four thousand odd hun. the defence of the Right Reverend Pre- dred answers, could do so without offendlate to the charge of the petition, it was ing against some doctrinal point, which the most complete instance of ignorantia the Right Reverend Prelate held so neelenchi which he had ever heard. The cessary to true religion and virtue? Was question to be ultimately considered and he quite sure that not one of the four decided was this-whether the Learned thousand answers would be such as to and Reverend Prelate was justified in have induced him, if any member of the putting his questions. If he had that Bench of Bishops had been a candidate right, no man could doubt that he had for holy orders in his diocese, to hare realso the right to choose his owu mode of jected his claim ? It was not to be deexamination ; but it was first necessary nied that the Thirty-nine Articles were to determine whether the matter, sub. drawn up by persons whose opinions stance, object and principle of the exami. tended more to Calvinism than to Armination were warranted by the law of the nianism; but, as Bishop Horsley had corland, and by expediency and prudence. rectly said, they were intended to admit
both within the pale of the church ; they that if the practice of the Right Reverend were articles of peace and union, and ob- Prelate could be justified by strict law, served a perfect and judicious neutrality. it was in itself a tremendous grievance, Whitgift had eudeavoured to add six arti. and a most cruel power, the exercise of cles wholly Calvinistic, but for the reason which ought to be controuled. The hardstated they were rejected, Down to ship in a case like that of the petitioner the reign of William III., that “discreet was extreme. By the resolutions in the laxity" of which Fuller spoke in his case of Horne Tooke it bad been settled, Church History, had always been allow. that when once a man was a deacon, he ed regarding the Articles. Coming down could look for advancement in no profesto a later date, he arrived at the great sion but the church. A man might be authority of Archbishop Wake upon this able to subscribe the Thirty-nine Articles subjcct-an authority to which he had with the latitude hithertó allowed, and before alluded. The injunctions he pro- an opportunity of preferment in the diomulgated related solely to the testimo- cese of Peterborough occurring, he might nials and to the morality of the candi- have reasonably expected that no obstadate for a curacy or for holy orders, but cle would have been presented to his obsaid not a syllable regarding rejection on taining it. But no : the Bishop stepped points of doctrine. He had held corre- in, and put him to a new test by his spondence with the Protestants of Ge- eighty-seven questions, some of them of neva and Bern ; and in one of his lette no easy solution, and such as Archbishop to the latter, he had thus spoken of the Wake himself could not have answered. Thirty-nine Articles :-" I have never, to Still, answered they must be; and if it any man or men, given my opinions upon could not be done without it, the candithat subject, and I am determined never date must read over the Right Reverend to do it ;" and further on, he had thus Prelate's long controversial work for his decisively expressed his opinions :-“It instruction. He had no choicehas always been the policy of the Church
extinctæ corpus non utile dextræ ; of England, and I trust in God it will always remain so, to require nothing and if he did not give satisfactory replies more than the mere subscription of the upon all the doctrinal points, he must be · Articles." Thus it was evident, that content to be a beggar all his life. It Archbp. Wake could never have entitled might be true that only three had been himself to a curacy in the diocese of the rejected by the Right Reverend Prelate, Right Reverend Prelate. He, one of the but could he say how many had been delottiest and ablest dignitaries of the terred from seeking advancement through church, must be abandoned by those who such an ordeal ? There was one remark thought with the present Bishop of Peter- which he (Lord Holland) would not have borough, as a republican—as one who made but for the charge of artifice which would be willing to bring his sovereign had been made against the petitioner. to the block, and as meriting all the re. He observed that the eighty-seven ques. proaches and epithets which the Right tions were only propounded to young, iu. Reverend Prelate, in his truly Christian experienced men—to candidates for curaspirit, had heaped upon the petitioner. cies or holy orders ; but they were never - He (Lord Holland) hoped that some of put to beneficed clergymen who might be his learned brethren of the bench would supposed to be more competent to refavour the House with their opinions, and ply. The truth was, that in such cases state the nature and object of their exa- third persous were interested—the lay minations. He had heard that some of patron-perhaps the crown ; and if obthe candidates to whom licenses were jections were made to the interrogatories, refused from the see of Peterborough the matter could be carried to another had obtained them elsewhere in other jurisdiction. He did not say that it was dioceses, without the lengthy examina- so, but it looked very much as if the tions now the subject of complaint. He Right Reverend Prelate was resolved to had read the answers to the eighty-seven go so far as he could without (to use a questions, and he could find no ground familiar phrase) being hauled over the at least for the charge of artifice, brought coals. By a practice like this, cach sepaforward by the Right Reverend Prelate. rate diocese would be converted into a Had artifice been necessary, it would separate church, and divisions and sects have been displayed in a different way; would be endless. But since the Church the object of the petitioner was to gain of England was part of the law and conthe curacy, and but for his honest scru- stitution, Parliament was bound to interples of conscience he might have obtained pose in cases of vecessity to preserve its it. He (Lord Holland) now came to the peace : he did not put it on the miseratopic of expediency, and he must observe ble ground of property, but for the sake of the interests of religion, the House was ought to be instituted into the matter. called upon to interfere and to take care He was satisfied, in regard to the church that the basis of the church was as broad and its welfare, that to narrow the base and solid as duty to God and the welfare was not the best method of securing the of the state would allow. The Right superstructure. The categories as we Reverend Prelate had done what, till his understood bis Lordship) of the Right time, had not been attempted since the Reverend Prelate, he considered to be Reformation. He strove to straiten and clearly most impolitic. While he (Lord narrow the basis of the church, and the Harrowby) was disposed to vote for the speech he had made shewed that those reading and laying on the table of the who wished for the peace and security of petition, he was far from pledging himself the country, ought either to put an end to support the proposed address. to the practice he had begun, or at least The LORD CHANCELLOR thought it to institute an inquiry into its legality and would be a most extraordinary course policy. The Right Reverend Prelate ob- for their Lordships to take, to refuse to jected to the extraordinary interference allow the petition to lie on the table, and of the House, yet he himself, day after yet not to reject it, but pernsit it to be day, had sat with exemplary patience to read. If the noble Earl who had spoken support a Bill of Pains and Penalties last saw nothing in this petition which against the first subject of the realm, on made it improper to be received, or to be the ground that the ordinary law did not allowed to lie upou the table, (taking it reach the case. Here the ordinary law to be a general representation of the sendid not reach the case, yet he contended tinents entertained by the gentlemen that there was no remedy but through a who had signed it) it appeared to him Convocation. As to the power of Conro- (the Lord Chancellor) that it ought to be cation, it was unquestionably a very permitted so tu be read and laid on the pretty power to be read of in books; but iable, whether theis Lordships should God forbid that he (Lord Holland) or any choose to found any ulterior measure man should live to see the day when it upon it or not. And such a proposition should be again exercised in this king. he was himself inclined, therefore, 10 dom.
support. But if it was intended, by layLord CALTHORPE contended that the ing the petition on their cable, to imply mode of proceeding adopted by the Right any censure on the Right Revereud PreReverend Prelate closed all those open- late, whose conduct it called in quesings in the Thirty-nine Articles purposely tion, he (the Lord Chancellor) would left for the scruples of conscientious vote against it, even in that stage of the minds. He thought it most desirable for question. He could not see how the the welfare, and most essential to the Right Reverend Prelate, indeed, could go peace, of the country and the interests of on to the subscription, without previous the clergy, that this House should ex- examination. In voting that the petipress its decided reprobation of the course tion should lie on the table, he (the which had been pursued by the Right Lord Chancellor) desired not to be underReverend Prelate. (Hear.) He did hope, stood as imputing any blame to the Right that their Lordships by their votc of that Reverend Prelate. evening, whatever it might be, would The petition was then read, and order. make it clearly understood that they ed to lie on the table. would not lend their high sanction to a Lord Dacre then observed, he had inproceeding, more menacing and more fa. tended to have followed up the last moial to the prosperity of the church, than tion, by moring an address to the Crown any which had ever been ventured on by on that subject; but from what the noble any other Prelate, since the period at and learned Lord on the woolsack, and which the reformation of our religion was other learned Lords, had said, it was clear effected. (Hear.)
that he (Lord Dacre) should find much The Earl of HARROWBY said, that as difficulty and opposition if he persevered he had, on the last occasion of this sub- in his intentiou. He was therefore inject's being agitated, voted that the peri- clined to substitute for it a motion " that tion should not be laid upon the table, he this petition be referred to a Committee felt anxious now to explain the grounds to consider the matter thereof." upon which he should now be disposed The LORD CHANCELLOR having exto give a contrary vote. The allegations plained the terms on which he would which the petition contained appeared to consent that the petitiou be laid ou the he of the grarest character; and, looking table, would only say that he could not to the high and important interests which consent to this notion. might be in some sort affected by them, The question being put, he did think that some further inquiry The Earl of CARNARVON could not 19press his astonishment on finding, that prepared. Mr. Buxton added, that wishwhen so important a subject as this was ing, if possible, to avoid introducing the brought before thc house, the bench of discussion of such a subject into the Right Reverend Prelates had not declared House of Commons, he had not yet comin words-no, nor by a nod-nor even plied with the request of these two genby a gesture, whether they meant, to a tlemen. He had felt desirous, also, man, to sanction or condemn the con- that their petitions should be considered duct of their Right Reverend Brother. in the first place, in the House of Lords, (Hear, and a laugh.) Usually those Re- where the Right Reverend Prelate might verend Prelates were not backward in have the opportunity of vindicating himexpressing their opinions on subjects self from the allegations they contained. comparatively unimportant. They had That discussion having since come on, he long been in the habit of attending, and (Mr. Buxton) did hope that what had very regularly, the discussions of their been said by their Lordships might have Lordships ; but whether for mere orna- the effect of inducing the Bishop to rement and appearance, or for any more consider the subject in question, and to useful purpose, their conduct on this return to that which had now for so long evening might possibly decide. Could a period been the practice of the Estatheir Lordships see with indifference a blished Church. If, howerer, the conBench of Bishops thus sitting in timid duct of the Right Reverend Prelate should silence ? Was it not almost a desertion disappoint these hopes, Mr. Buxton said, of those whom it was the bounden duty he should consider it his duty to call the of those Right Reverend Prelates to in- attention of the House to this matter at struct? On any great constitutional an early period of the next session."] question, particularly a year or two ago, they formerly could not complain that either the noble and learned Lord on the
HOUSE OF COMMONS, woolsack, or those Right Reverend Prelates, were slow to give the House the
JULY 31, 1822. benefit of their wisdom and experience.
Marriage Act. But here, on a question of church policy, Mr. BUTTERWORTH wished to call the both were silent. That the Right Reve- attention of an honourable and learned rend Prelates had come down to vote one Member (Dr. Phillimore) to a clause in way or other, was evident enough ; but the new Marriage Act, which seemed to the grounds upou which their votes were him to involve considerable difficulty. to proceed, their Lordships were not to There were sects of Disseuters who did learn. What would the public think, not baptize their children until they bewhen it was informed, that of the very came adult, and in fact there were promany Reverend Prelates who had come bably a great many persons in the country down that night to the House, not one who, acting under their peculiar principle, was to be found who had a single word were never baptized at all. Now such to offer upon the subject before their individuals would be placed in a situation Lordships ? (Hear.)
of great inconvenience by that part of the Strangers were then excluded from be. new Marriage Act which went to provide low the bar.
that no person should be married withoạt On our re-admission, we found the producing a register of his baptisn). numbers to be on the question of refer- Dr. PhilliMORE begged to be distinctly ring the petition to a Committee) - understood as having had nothing to do
Contents, 19; Non-coutents, 58. Ma with thc clause to which the honourable jority against the motion, 39.
Member adverted. The clause had been
inserted in the Upper House : if he (Dr. [The ahore subject has been introduced Phillimore) had framed it, it certainly into the House of Commons also, as ap- would not have stood in its present shape. pears from the following paragraph in For the benefit of such persons as were ihe Times of Friday, June 28 :-"We unable to produce registers, there was, understand that, after a division which however, a saving provisiou in the Act : took place in the House of Commons on where it appeared that the register of Weduesday night last, and before the re. baptism could not be obtained, the Suradmission of strangers into the gallery, rogate might be satisfied by an affidavit Mr. Fowell Buxton stated, that he had from any sufficient person, that the party been desired some time since to present unregistered was really twenty-one years two petitions from very respectable clergy- of age. That provision he (Dr. Phillimen of the diocese of Peterborough, com- more) apprehended was enough to replaining of the conduct of their Bishop, move the difficulty which the honourable with respect to the eighty-seven questions Member (Mr. Butterworth) complained which that Right Reverend Prelate -had of; but he personally knew nothing of