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as an example of the resto It was in the House by this test; but before he did so, following terms :-" Is not the power of he must beg leave to make some prelimi God equally manifested, whether he ope- nary observations on the speech of the rates on man immediately, as in å mere noble Lord by whom the petition was passive object, or whether he acts medi- introduced. In the first place, it rather ately through the agency of man himself, made against the petitioner that the noblo and by means which, as creator of all Lord was not instructed by him to state things, he must have previously impart- to the House the circumstances in whick ed ?" The Reverend Prelate's questions his complaint originated. These circum. were either identical with the Thirty-uine stances the petitioner must have designed Articles, or they were not. If they were to conceal, and this wish for concealment identical, they were unnecessary; and was not consistent with a desire for a just if they differed, and imposed another test and impartial decision. The person whom previous to examination, they were un- he (the Bishop of Peterborough) refused lawful. Their Lordships had been una- to ordain was nominated by the petitioner nimous in their condemnation of the last autumn. Conceiving ihat it was not learned Prelate, when this subject was only his right but his duty, as Bishop of agitated last Session ; and yet he had the diocese in which the cure was to be still persisted in putting those questions, served, to examine the qualifications and and denied their Lordships' jarisdiction. doctrines of the candidate for orders, he Their Lordships, however, must perceive (the Bishop of Peterborongh) required that if this course was permitted in one an answer to certain questions which he diocese, it might be generalized. Every put to him. Now, if the right to examine Bishop might have his particular set of existed, the examiner must be permitted questions, and their clergymeu would be to proceed in that made of examination driven to study these papers, in order to by which his inind could best be satisfied discover to what diocese it would be most of the doctrines held by the person whom convenient for them to go. To act on he subjected to exainination. The ques: such a system was nothing else than re- tions which he put were not tests or arti. cruiting for Dissenters. There would cles of faith, they were merely designed soon be an Episcopacy, with questions to draw forth answers as to the candiand articles, on one hand, and a Dissentó dale's faith, which might afterwards be iug population on the other. It was the tried by the Liturgy and the Thirty-nine boast of this country, that there was no Articles. Their conformity or non-conwrong for which the law had not a re- formity with the doctrines of the Church medy. Was this system of clerical inter- could then be decided. The Liturgy and rogation to form an exception? If there Articles were therefore the test, and not was no reinedy in the hands of their the list of questions which he propounded. Lordships, they might at least be the And had not he (the. Bishop of Peter. means of procuring redress. The Crown borough) a right to follow the dictates of might refer the case to the Convocation, his own judgment in framing such questions or some other niode of settling the quesa as in his opinion would best accomplish tion might be found. Their Lordships the object of an examination which his ought, therefore, to agree to the address duty commanded him 10 institute? If he intended to move after the petition the mode of examination was objected to, was laid on the table. The purport of and if the House of Peers was to be called the address would be to request that his upon to interfere in every particular case Majesty would be pleased to order an in which a candidate for a license, or inquiry to be made to ascertain whether for orders, objected to the set questions any innovatious had taken place in Church put by Bishops, the applications to their discipline. He hoped that nothing he Lordships would be endless, and the anhad stated would be considered as arising thority of the Episcopal order would cease from any personal objection on his part to exist. Such an interference with the to the Right Reverend Prelate, whose rights and duties of Bishops had not taken learning and character he respected. He place since the Charch was established: attributed the conduct of the Reverend nor would the Establishment long con Prelate solely to zeal in the adoption of time if motions like the present were one view of the subject. The noble Lord agreed to. If their Lordships attended concluded by moving that the petitiou do to the prayer of this peritioner, they lit on the table.
might soon expect similar applications - The Bishop of PETERBOROUGH began froin every diocese of the kingdom. Every by remarking, that the value of a petition, curate who was refused a license, and and the propriety of granting or refusing ercry candidate for orders whose claims its prayer, must' depend on the truth of were rejected, would declare themselves the allegations on which it proceeded. aggrieved-would complain of hard treatHe would examine the petition before the ment, and petitiou the House for redress.
All the other Bishops of the Church of explanation, would place him iu an inviEngland 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 eould no more be called tests than theirs. he paid no attention to testimonials from Iu doing what in this instance was the another diocese. This was not correct : subject of complaint, 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 harshness whom they referred to possess a good and severity had been founded. Last character, and to entertain orthodox opi. autumn the petitioner applied to him (the vious. But there were so many different Reverend Prelate) to license a curate for ideas about orthodoxy, (hear, hear,) 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 satisfy himself of the doctrines of curate shoulel be examined as to the Ar- those who applied to him for liceuse. He ticles; and as he resided in the bishopric therefore bad resolved to judge for himof Norwich, he (the Bishop of Peter. self in this matter, through a direct exaborough) transmitied him a list of ques- mination by question and answer. tions to which he requested answers. If (the Bishop of Peterborough) came now a bishop was not allowed to proceed thus to consider the allegations in the petition, far on his evn 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 Westminster. What did this curate into the Churcia, 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 plain, short, and direct as he ought, but no hesitation to say was false. He exaintricate, controversial and unintelligible. mined by question and 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 seyerity—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 petition. But he de. satisfy the mind of the examiner. If he nied that he had examined with severity: (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 never rejected any to see that their purpose was not defeated application where the answers were intelby the use of cvasive terms, or by wrap- ligible, and the doctrine stated in them ping the answers in a mass of controver conformable to the Articles. The petisial matter, which rendered them unin- tioner had said that he had added thirtytelligible. Finding that the object of this six new articles to the former eighty. person was to couceal 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. (Ă laugh.) To them. The Reverend and learned Prelate these he sent no distinct answer, but re- said, that the best answer he could give ferred to his former dissertations, 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 thrce 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 questions which were in- to examine on the Articles in his own tended to ascertain 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 assest, for orders to give an account of his faith. that it was ambiguous and doubtful, Such an account could not 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 Rererend 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 hipting 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 Liturgy, the Articles or the Hoc but in a recommendation to issue the milies. The 48th canon was the ooly Royal mandate to prevent the Bishop of one on which the clain now set up could Peterborough from examining by question be rested: but even this (and his Lordand 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 interpretaous 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 uine 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 fouuded 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 minianism 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 coutained 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 hunthe 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 Beuch of Bishops had been a candidate right, no man could doubt that he had for holy orders in his diocese, to have realso the right to choose his own 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, objeet and principle of the exami. tended more to Calvinism than to Armi. nation were warranted by the law of the nianism; but, as Bishop Horsley had corland, and by expediency and prudence. l'ectly 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 endeavoured 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 had 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 wials 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 curre- in, and put him to a new test by his spondence with the Protestauts of Ge- eighty-seven questions, some of thein of neva and Beru ; and in one of his letters 1o easy solution, and such as Archbishop to the latter, he had thus spoken of the Wake himself could not have answered. Thirty-niue Articles :"I have never, to Still, answered they must be; and if it any man or men, giveu my opinions upon could not be done without it, the candithat subject, and I am determined never date must read over the Right Rererend 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 of England, and I trust in God it will
extinctæ corpus non utile dextræ ; 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 deloftiest 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 borongh, 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, ivReverend Prelate, in his truly Christian experienced men-to candidates for cura spirit, 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 persons were interested—the lay miuations. He had heard that some of patron—perhaps the crown; and if obthe candidates to whom licenses were jections were inade 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 cxamina- 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.seren 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, each sepaforward by the Right Reverend Prelate. rate diocese would be converted into a Had artifice been necessary, it would separate church, and divisions and sécts 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 colle the curacy, and bai for his honest, scru- stitution, Parliament was bound to interples of conscience he might have obtained pose in cases of necessity to preserve its it. He (Lord Holland) now came to the peace : he did not put it on the miserawpic 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 aud 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 his 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 parrow the basis of the church, and the Harrowby) was disposed to vote for the specch he had made shewed that those reading and laying ou 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 au 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 extraordivary 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 permit it to be day, had sat with exemplary patience to read. If the noble Earl who had spokci support a Bill of Pains and Penalties last saw nothing in this petition which against the first subject of the realm, on inade it improper to be received, or to be the ground that the ordinary law did not allowed to lie upon 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 coutended timents entertained by the gentlemen that there was no reniedy but through a who had signed it,) iç appeared to him Convocation. As to the power of Convo. (the Lord Chancellor) that it ought to be cation, it was unquestionably a very permitted so to be read and laid on the pretty power to be read of in books; but iable, whether their Lordabips shonld God forbid that he (Lord Holland) or any choose to found quy 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, to dom.
support. But if it was intended, by layLord CALTHORPE contended that the ing the petition on their table, to imply mode of proceeding adopted by the Right any censure on the Right Reverend PreReverend Prelate closed all those open- late, whose conduct it called in ques. ings 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. Iu 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 uuderReverend Prelate. (Hear.) He did hope, stood as imputing any blame to the Right that their Lordships by their vote of that Reverend Prelate. eveving, whatever it might be, would The petition was then read, and ordermake 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 motal to the prosperity of the church, than tion, by moving 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, aud 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 perscrered he had, on the last occasion of this sub. in his intentiou. He was therefore inject's being agitated, voted that the peti- 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 petition be laid on the be of the gravest character; and, looking table, would only say that he could not to the high and important interests which consent to this motion. 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 re