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LAW REPORT.

No. LXXI.-A BILL
(AS AMENDED BY THE SELECT COMMITIEE

] INTITULED “AN ACT FOR THE MORE EFFECTUALLY ENFORC

ING CHURCH DISCIPLINE.''. I H. VII. c.4. repealed.—WHEREAS therein comprehending all parishes, the present mode of proceeding in perpetual curacies, donatives, endowed causes for the correction of clerks is public chapels, parochial chapelries, attended with great expense, delay, and chapelries or districts belonging or and uncertainty, occasioned as well by reputed to belong, or annexed or rethe number of courts which now have puted to be annexed to any church or jurisdiction in such causes as by the chapel, and every curacy, lectureship, multiplicity of appeals allowed by law readership, chaplaincy, office, or place from the decrees of such courts : And which requires the discharge of any whereas it would tend very materially spiritual duty, and whether the same to diminish the evil aforesaid, and to be or be not within any exempt or pepromote a more uniform, speedy, and culiar jurisdiction; and the word effectual administration of justice, if “Bishop" when used in this Act shall one court in each province were ap- be construed to comprehend “ Archpointed to have exclusive jurisdiction bishop;" and the word " Diocese" when in all such causes, subject to an appeal used in this Act shall be construed to to her Majesty in Council : Be it there- comprehend all places to which the fore enacted by the Queen's most ex- jurisdiction of any bishop extends under cellent Majesty, by and with the advice and for the purposes of an Act passed and consent of the Lords spiritual and in the first and second years of her temporal, and Commons, in this present present Majesty's reign, intituled “An Parliament assembled, and by the au- Act to abridge the holding of Benefices thority of the same, That an Act passed in Plurality, and to make better Proin the first year of the reign of King vision for the Residence of the Clergy.' Henry the Seventh, intituled “An Act INI. Jurisdiction of Ecclesiastical for Bishops to punish Priests and other Courts (except Court of Arches and Religious Men for dishonest Lives," Chancery Court of York) in suits for shall be, and the same is hereby re- correction of clerks, abolished.-And be pealed.

it enacted, That from and after the II. Definition of the terms Pre- passing of this Act no ecclesiastical ferment,Bishop," andDiocese.” court whatsoever, whether royal, pecuAnd be it enacted, That, unless it shall liar, or otherwise, now possessing any otherwise appear, from the context, the jurisdietion to hear, determine, or adterm “ Preferment," when used in this judicate upon any suit against any Act shall be construed to comprehend spiritual person below the rank or deevery deanery, archdeaconry, prebend, gree of a bishop, for the purpose of procanonry, office of minor canon, priest curing any sentence of excommunicavicar, or vicar choral in holy orders, tion, suspension ab officio or ab officio and every precentorship, treasurership, et beneficio, deprivation, or any spiritual sub-deanery, chancellership of the censure, shall possess or exercise any Church, and other dignity and office such jurisdiction, save except the Court in any cathedral or collegiate Church, of Arches (so far as relates to the proand every mastership, wardenship, and vince of Canterbury, and so far as is fellowship in any collegiate Church, hereafter provided to both provinces, and all benefices with cure of souls, and the chancery court of York, so

The additions and alterations made in this Bill are enclosed in brackets.

far as relates to the province of York], And be it enacted, That all such suits which courts shall exclusively possess now pending in any ecclesiastical court, and exercise respectively original ju- other than the Court of Arches (or the risdiction in all such suits in the man- Chancery Court of York] shall be and ner hereinafter directed, subject never

the same

are hereby removed and theless to an appeal to her Majesty in transferrred before the Court of Arches Council, to be referred to the judicial (and the Chancery Court of York recommittee of her Majesty's most ho- spectively); and the same suits, and nourable Privy Council: [Provided all suits for the correction of clerks now always, that no person shall be cited in pending in the said courts, shall there any such suit into the said Court of be proceeded in, either according to the Arches or the said Chancery Court law and forms and in the manner until request shall have been made or heretofore in force and use in the said permission given to institute a suit, or Courts of Arches (and the Chancery until the security shall have been Court of York respectively), or in the given to institute and prosecute a manner directed by this Act with resuit in one of the said courts as spect to suits hereafter to be instituted, hereinafter provided : Provided also, according to the discretion of the judges that nothing in this Act contained shall of the said courts respectively; and be construed or huld to authorize the the decisions of the Court of Arches judge of the Court of Arches or the [and the Chancery Court of York], in judge of the Chancery Court of York, such suits may be appealed from, and to decree sentence of excommunication such suits proceeded with before the or to pronounce sentence of depriva- judicial committee of her Majesty's tion in

any

other form or manner than most honourable Privy Council, as if that in which they are now respectively this Act had not passed. authorized by law to decree or pro- VI. Suits before Judicial Committee nounce and sentence.]

to proceed as if Act had not passed.IV. Jurisdiction of the Court of And be it enacted, That all suits now Arches and Chancery Court of York.- pending before the judicial committee And be it enacted, That in all such suits of her Majesty's most honourable as aforesaid the jurisdiction of the said Privy Council shall proceed in all reCourt of Arches (and of the Chancery spects as if this Act had not passed. Court of York, shall extend to all parts VII. Before any suit be instituted, a of the provinces of Canterbury and York statement of particulars of offence or respectively, and all their citations, offences charged tobelodged in Diocesan processes, and sentences shall be exe- registry, &c.-[And be it enacted, That cuted in every part of those provinces before any bishop or other person shall respectively, and with respect to all institute any such suit such bishop or preferments therein, and may be en- other person shall leave or cause to be forced by the same means as any cita- left in the registry of the bishop of the tion, process, or sentence of the said diocese within which the spiritual perCourt of Arches and the Chancery son intended to be proceeded against Court of York respectively may now shall hold preferment, or in case such be enforced; and in case of a suit spiritual person shall hold preferment against any spiritual person holding within more than one diocese then of preferment in both provinces, the ju- the archbishop of the province, or in risdiction of the said Court of Arches case such spiritual person shall hold shall extend to], and all its citations, preferment in both provinces then of processes, and sentences shall be exe- the Archbishop of Canterbury, or in cuted in, every part of England, and in case such spiritual person shall not hold respect to all such preferments, and any preferment then of the bishop of may be enforced by the same means the diocese within which he shall be as any citation, process, or sentence of inhabiting, a statement in writing, the said Court of Arches may now be subscribed by such bishop or other enforced.

person, of the nature and particulars V. Suits now pending in Ecclesiasti- of each and every offence imputed to cal Courts transferred to the Court of such spiritual person for which it is inArches and Chancery Court of York. tended to institute such suit, and of the

time and place at which each and

every such offence or offences is or are alleged to have been committed ; and the registrar of such bishop or archbishop shall and he is hereby required forth

with to deliver or cause to be delivered a copy of such statement to such spi. ritual person, or shall leave or cause the same to be left at the usual residence of such spiritual person.]

(To be continued.)

MONTHLY REGISTER.

CHURCH SOCIETIES.

Salisbury Diocesan Church Building made capable of containing a great Association.

addition to their former congregations, The triennial meeting of this im- by the erection of new galleries, or by portant Association was held on Friday, a fresh arrangement of the pews. It the 15th instant, in the Council thus appears, that, since the comChamber, Salisbury. The attendance mencement of this highly important was numerous and highly respectable, Association, nearly eight thousand adincluding many of the leading families ditional sittings have been provided in in the diocese, and a great hody of the most destitute parts of the diocese, the Clergy: The Marquis of Lans- nearly seven-eighths of which are free downe having been unanimously voted and unappropriated. A sum exceedto the chair, the Rev. G. P. Lowther, ing 30,0001. has been expended, and the Diocesan Secretary, solemnly nearly the whole of it called into acoffered up prayer, after which,

tion from the encouragement held out The Marquis of Lansdowne opened by the comparatively small grants the business of the meeting in a brief that the Association has been enabled but able address, in which he observed, to give out of its limited funds." But that the object of the meeting must be notwithstanding what had been already well known to all present-it was to done, it appeared that in several receive the Report, and take into con- parishes in the northern parts of sideration the proceedings of a Society Wilts especially, and in some parishes which had been established for some in Dorsetshire, church destitution to a time, under the auspices of the Lord considerable extent still existed; and Bishop of the Diocese, with the view a powerful appeal was made to the of promoting the building of edifices friends of the Church not to relax for public worship.

their exertions, or withhold their libeThe secretary then proceeded to rality in working out the good that the read the report. From this interest- Society was intended to accomplish. ing document we give the following The Treasurer, J. H. Jacob, Esq., extracts : " During the past year, then made his financial statement, through the instrumentality of this from which it appeared, that the SoAssociation, six new Churches have ciety will have to commence its opebeen built or are in progress in various rations in the ensuing year with a parts of the Diocese. Two others have balance of about 17001.-an amount been rebuilt on an enlarged scale. which it is almost needless to observe, Two more have had greatly increased will be expended in the course of the accommodation given to them by the next twelve months, as the grants of addition of new aisles; and three more the last year reached 14001. and the calls upon the Society are both nume- creased of late years. The time of the rous and urgent.

nation's prosperity was the time of its The Bishop of Salisbury said, that sin.

When God, with unexampled ever since he had filled the office in goodness, united in our favour the the Church which he now did, he had glories of war and the blessings of every year undertaken the same task

peace, then it was that the nation forwhich was now assigned to him, of got God, and allowed a population to moving that the Report of the Asso- grow up, skilled in all the arts of life, ciation be printed, and the officers of but neglected as to all moral training, the Society elected, and it was a task and destitute of the means of grace. which he had always much satisfaction He conceived that this was a sin of in performing. In proposing the re- which we were now in some measure appointment of the Secretary, Trea- reaping the bitter fruits in the social surer, and members of the Committee, disorders which distracted and terrified he would not detain the meeting by the land. He believed it would be expressing the sense he very sincerely found that sedition and treason mainly entertained of the obligations they flourished were the population had were under to those gentlemen, as he been neglected in these respects. We had repeatedly done so before. He had one melancholy confirmation of would only advert in one word to the this fresh in every one's mind, where appointment of Mr. Wyatt as dio- sedition had boken out into bloodshed, cesan architect-a gentleman of great and which had still to be visited by professional ability, who bad very the offended majesty of the law. handsomely volunteered to give his Another frightful feature to which gratuitous service to the Society. He he could not but advert, was the spread conceived that this gentleman and the of Socialism, with its infidel tenets, officers were willing to give their time openly opposed to all religion, and and talents to this object, for the same overthrowing the foundations of all reason as made him ready to render his morality. The disciples of this imhumble support—viz., that they con- piety were no longer content with ceived they were engaged in a high and disseminating their doctrines in secret, holy work, which, in the imperfect de- but now openly proclaimed them. Halls gree in which it had yet been performed, were being built in Manchester, Hudhad been the means of supplying to dersfield, and Leeds, for lectures in hundreds of thousands the opportunity blasphemy and immorality. At Manof religious instruction, and the use of chester, four persons guaranteed the the means of grace; and if it were sum of 50001. Nor was the contagion fully carried out, would do more for confined to the manufacturing districts, establishing the social prosperity of for a property had been purchased the community, and the present and within Twelve miles of Salisbury itself, eternal interests of the people on a at East Tytherly, where a colony was safe foundation, than any other work to be established on a large scale, as an of man whatever.

example of a social system without a Our ancestors did not appear igno- religion, and of morality resting on rant or unmindful of this truth, as was no other basis than the will of man. shown by the admirable framework of So far as these evils were to be atour parochial system, which provided tributed to the want of religious inthat no member of the community struction, and the opportunity of the should want the superintending care means of grace, the remedy was to of the ordained minister of religion, or apply them. This was the work in ready access to the house of God. which this Association had been long They not only supplied their own engaged, and which it was now seeking wants, but raised their buildings on a for support to carry on.

The Report scale that sufficed for many genera- had fully stated what had been done tions for those of their descendants. in this diocese, and the necessity for But they could not foresee what bad further exertion. He would only add come to pass in these days, or the to these details, that, having addressed, manner in which population has in- on the occasion of his late visita

tion, an inquiry on this subject to annual meeting of the Church Building every parish in his jurisdiction, he Association in another part of the had received an answer from eighty- county last year, and being, officially three clergymen, that further accom- at least, equally connected with that modation was needed in their respective part of it in which the present meeting parishes.

was held, he felt it to be no less his He had never heard but one ob- duty to occupy the same post on the jection raised to the work in which present occasion. The last occasion they were engaged, which was, that on which his lordship had been called, they were attempting to do what was in the discharge of a public duty, to the proper business of the State. As preside in that room, had been one of a fact he fully admitted this; but denied a very different character. Then it the argument and inference drawn was to vindicate the justice of the from it. He held it himself to be country in the case of misguided per the bounden duty of the State to sons who, in attacking property, had care not only for the temporal but attacked all the institutions of the for the moral and spiritual wants of the country. The present was an occasion people, and as a part of this duty, to of a very different and far more pleasoffer to the whole population the op- ing kind. He saw, however, no very portunity of the public worship of remote relation between those occaAlmighty God, according to that form sions--not a relation, indeed, of cause which it believes to be true and pure, and effect, but a relation of bane and and as such has received and esta- antidote. For it was to the enlightenblished. As an individual member of ment of the people as to the great the Legislature, he would always do principles of their duty to God and what lay in his power to advance this man, that we must mainly look for work, and hoped to see the day when the prevention of such crimes. That the obligation of the State in this re- enlightenment would emanate from spect would be recognised and enforced. the erection of churches and places of But in the meantime, if the State neg- public worship, in which they would lected its duty, he would not hold back receive that instruction in religion and from a work of voluntary charity ; virtue so essential to the security and both because it was more needful to happiness of society. His lordship to do so, and also, because every suc- observed, that in the course of a recent cessful effort of this kind diminished foreign travel, he had arrived at a spot, the difficulty of ultimately providing where, in a cave rudely hewn out of for the want in the only way in which the heart of a stupendous rock, and it could be effectually done, as a na- capable of containing about sixteen tional work, at the nation's charge. It persons, was held the first assembly for was with these views and sentiments christian worship in that country. It that he very cordially supported the was there that, in the sixth century, resolution which had been entrusted christianity dawned upon that land. to him. The meeting was afterwards When he came to compare that first addressed by the Hon. H. Pierrepont, rude temple, scooped out of the rock the Rer. F. Fulford, Mr. Brodie, M.P., by the hands of its scanty congregation the Ven. Archdeacon Lear, the of christian worshippers, with those Rev. N. Smart, and the Rev. J. 0. magnificent edifices, consecrated to Parr. The Marquess of Lansdowne the same purpose, now every where then quitted the chair, which was oc- spreading over the land, he was struck cupied by the Bishop of Salisbury- with the reflection, with what small when Col. Baker moved, and the Hon. means truth and virtue can arrive at and Rev. Canon Bouverie seconded, a the greatest ends. His lordship convote of thanks to the noble chairman, curred in the sound policy of those which was carried by acclamation. who had sought to connect the internal

The Noble Marquess, in acknow- spirit of religion with the attractive ledging the tribute so justly as well as elements of external grandeur and cordially paid him, was pleased to beauty. He thought it a wise policy observe that, having presided at the to associate the impressions of reli

VOL. XXII. NO. I.

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