wardens or questmen, and sidemen, | orders. Immense responsibility, thereshall truly and personally present the fore, rests with the chief overseers of names of all those which behave them- the Church of England. The law enselves rudely and disorderly in the trusts them with a power which may be church, or which, by untimely ringing as readily abused as beneficially emof bells, by walking, talking, or other ployed; and examples are not wanting noise, shall hinder the minister or of episcopal authority being exerted preacher." (Canon cxi.) Thus pro- rather for the suppression than encourvision is made in every parish for bring-agement of faithful expositors of Chrising irregularities under the cognizance tian truth. The lay members of the of the spiritual authorities. English Church are, in law, amenable The rural deans, of whom mention to spiritual jurisdiction, although in has been already made, are the eyes of practice, the authority of church courts the bishops. It is their province to is, as a general rule, restrained to the notice and report to their superiors any correction of the clergy. The Canons misconduct or heretical teaching on the are explicit-"The minister, churchpart of the clergy residing or labouring wardens, questmen, and assistants, of within their districts; and the arch- every parish church and chapel, shall deacons are bound not only to inspect yearly, within forty days after Easter, the churches and church-yards through- exhibit to the bishop or his chancellor out their archdeaconries, but also to ex- the names and surnames of all the ercise a vigilant regard for the efficiency parishioners, as well men as women, and orthodoxy of all clerical duties, and which, being of the age of sixteen for the spiritual welfare of the parishes years, received not the communion at within their jurisdiction. It ought not Easter before.' (Canon cxii.) And to be expected that men, educated as again—“It shall be lawful for every ministers of the Gospel are, and placed minister, churchwardens, and sidemen, in a public and responsible position, to present offenders as often as they with the most solemn vows upon them shall think meet; and likewise, for any for the faithful discharge of their duties, godly-disposed person, or for any ecand under the surveillance of constituted clesiastical judge, upon knowledge or authorities, should expose themselves notice given unto him or them of any to any serious accusation, in respect enormous crime within his jurisdiction, either to their private character or to move the minister, churchwardens, public ministrations; yet it seems not or sidemen, as they tender the glory of possible that there should be a body of God and reformation of sin, to present 17,000 men, however favourable their the same, if they shall find sufficient circumstances, which shall escape from cause to induce them thereunto, that it the vexatious proceedings, or from the may be in due time punished and reoccasional moral delinquencies of re-formed." (Canon cxvi.) fractory or unprincipled members. The principal point remains to be Hence the necessity of ecclesiastical noticed. In what way is church discipline discipline. It has been already re- applied to beneficed clergymen? The marked that the bishops, in their rector, or vicar, or perpetual curate of a several dioceses, have absolute control parish, is as independent and secure in over all clergymen who are merely his position as any dignitary or bishop. licensed or stipendiary curates-they No bishop can exercise arbitrary power can revoke a curate's license at pleasure; in this direction. All beneficed clergythey can also refuse peremptorily to admit any unbeneficed minister to a curacy within their jurisdiction; and, moreover, the will of a bishop is absolute in rejecting any candidate for holy

men are protected by the law of the land, and cannot be dispossessed of their livings, or in anywise punished without a trial before the appointed tribunals. Nor can any bishop, unless

supported by the ecclesiastical courts, at least before such commission shall prevent the institution and induc-issue.

tion of a qualified clergyman, when II. It shall be lawful for the said duly nominated by the patron to a commissioners, or any three of them, benefice within his diocese. In the case to examine upon oath all witnesses who of refusal, there is an appeal to the shall be tendered to them for examiCourt of Queen's Bench or to the Court nation, or whom they may deem it neof Arches, and to her Majesty in Coun-cessary to summon, for the purpose of cil; and, should the refusal of the ascertaining whether there be sufficient bishop, after being over-ruled by these primâ facie ground for instituting furhigher authorities, be continued, the ther proceedings; and notice of the clergyman is instituted to his living time when, and place where, every meetby the archbishop of the province, ing of the commissioners shall be holden without any necessary concurrence of shall be given to the party accused, the bishop of the diocese. By these seven days at least before the meeting; means, the rights of patrons are guarded, and it shall be lawful for the party acand the clergy cannot be debarred from cused, or his agent, to attend the protaking possession of their preferment, ceedings and to examine the witnesses; unless sufficient cause is proved in an and all such preliminary proceedings open court, and confirmed by the shall be public, unless on the application highest judicial authority in the realm. of the party accused; and when such It is not necessary to speak here of proceedings, whether public or private, the several Consistories, or other church shall have been closed, one of the comcourts, established in England during missioners shall openly declare the opimany centuries, because the ancient nion of the majority of the commissionrule has been in some measure repealed ers present at such inquiry, whether by the Legislature, and the law of there be or be not sufficient primâ Henry VII. for the punishment of facie ground for instituting further priests," has been superseded by "An proceedings. Act for better enforcing church discip- III. The said commissioners, or any line," in the reign of Victoria. (3d three of them, shall transmit to the and 4th Victoriæ Reginæ, cap. 86.) bishop the depositions of witnesses, and a The course at present followed will be report of the opinion of the majority of understood from a perusal of the sub-the commissioners whether or not there joined epitome of the principal clauses of the enactment :

66

I. In every case of any clerk in holy orders of the United Church of England and Ireland, who may be charged with any offence, or concerning whom there may exist evil report, it shall be lawful for the bishop of the diocese, on the application of any party complaining, or of his own mere motion, to issue a commission to five persons, of whom one shall be his vicar-general, or an archdeacon or rural dean within the diocese, for the purpose of making inquiry as to the grounds of such charge or report,-provided that intimation of the circumstances connected with the charge shall be sent by the bishop to the party accused fourteen days

be sufficient primâ facie ground for instituting proceedings against the party accused; and the bishop shall, upon the application of the party accused, cause to be delivered to such party a copy of the said report and of the depositions.

IV. In all cases where proceedings shall have been commenced against any such clerk, it shall be lawful for the bishop, with consent of such clerk and of the party complaining, to pronounce, without any further proceedings, such sentence as the bishop shall think fit, not exceeding the sentence which might be pronounced in due course of law.

V. If the commissioners shall report that there is sufficient primâ facie ground for instituting proceedings, and

ceeding shall be instituted, and not | cases of appeal are reviewed on behalf afterwards.

of the archbishop, by his official prinSuch, then, is the present state of the cipal, commonly called the Dean of the law for the maintenance of orthodoxy arches, who is a layman educated as an and good behaviour among the clergy ecclesiastical lawyer, and elevated to the of the Church of England.* It will dignity of a judge. From this court be observed that any accused party not an appeal may be made, under certain wishing to confide the case to the judg- limitations, to the Queen, as temporal ment of his own bishop, has the alterna- head of the Church, who, by the advice tive of an appeal either to the arch- of the Judicial Committee of the Privy bishop of the province, or to the Queen Council, reverses or confirms the senin Council. An appeal to the arch- tence of the lower court. It will be bishop of Canterbury, for example, is noticed, that in spiritual causes, the brought into the Court of Arches. Judicial Committee cannot hear ap"The person who administers justice peals unless an archbishop or bishop, under this style is the official principal being a member of the Privy Council, of the archbishop, who was called is present. In the recent case of officialis de arcubus, and the court Gorham v. Bishop of Exeter, the Juitself curia de arcubus, from its being dicial Committee consisted of five ‘of anciently held in Ecclesia B. Mariæ her Majesty's principal lay judges, asde arcubus, or Bow Church, by sisted by the Archbishops of Canterbury reason of the archbishop having ordi- and York, and the Bishop of London— nary jurisdiction in that place, as the a competent court of appeal, eminently chief of his Peculiars in London, and qualified for the purpose, and intended the church where the dean of those Pe---not to make laws for the Church, nor culiars (commonly called the Dean of to determine the doctrines of Scripture, the Arches) holds his courts. And, because these two courts were held in the same place, and the dean of the arches was usually substituted in the absence of the official, while the offices remained in two persons, and the offices themselves have in many instances been united in one and the same person, as they now remain; by these means a false notion hath obtained that it is the Dean of the arches, as such, who hath jurisdiction throughout the province of Canterbury, whereas the jurisdiction of that office is limited to the thirteen Peculiars of the Archbishop in the city of London, and the jurisdiction throughout the province for receiving of appeals, &c., belongs to him only as official principal." (Gibson, II., 1004.) The court of arches, therefore, is the archbishop's court, and here

but to express an unbiassed and correct judgment as to whether or not the principles of the Church of England, as exhibited in her accredited Formularies and Articles, have been violated or infringed by the party appealing to her Majesty for protection.

9. In the English Church, there are some benefices, or ecclesiastical appointments, distinguished by the name of Peculiars or Exemptions-so designated because they are peculiarly circumstanced, and are exempt, in a great measure, from episcopal jurisdiction, or from the jurisdiction of the bishop in whose diocese they may be situated. For example, as stated above-the archbishop of Canterbury has, in the city of London, thirteen Peculiars, including Bow Church; and these are subject to the authority, not of the Bishop of London, but of the Dean of the arches on behalf of the archbishop. There are other peculiars that are under the jurisdiction of the deans and chapters of cathedrals. The donatives, already explained, are also exemptions. Hos

pitals-such as Sherburn Hospital, in within given districts, but without any the county of Durham-command the fixed sees or titles recognized by law;' same immunity; the master, warden, and "to exercise spiritual functions as or chaplain, being independent of the a bishop is one thing-to exercise ecclebishop of the diocese. The chaplains siastical jurisdiction as a bishop is of Chelsea and Greenwich hospitals re- another."* It follows, therefore, that quire no episcopal license, and are the Church of England congregations exempt from episcopal visitations; and in Scotland, as distinguished from the a similar remark applies to our consular | Scottish Episcopal Communion, are in a chaplains, and to the chaplains in the position analogous, in some respects, to army and navy. So that a large body the peculiars and exemptions in Engof the English clergy, not only in foreign land, or to Church of England congrecountries, but ministering to congrega- gations on the continent; and the tions in dioceses at home, are exempted ministers who officiate in Scotland from the operation of those ecclesias- without connecting themselves with the tical laws which generally regulate the Scotch bishops, do not in any wise viclate clergy of the Establishment. It forms or disregard the ecclesiastical principles no part of the constitution of the Church by which they are bound. Hence, the of England that her ordained ministers present Archbishop of Canterbury, speakshould hold a license from a bishop-a ing on this subject in the House of license, as shown above, is necessary Lords, observed-"I feel a sympathy where the sphere of labour is within with those members of our church who, the jurisdiction of a bishop; but epis- residing in Scotland, are naturally decopal jurisdiction is limited, and beyond sirous of enjoying the ministration of these limits the clergy possess full power clergy whose sentiments are identified -on the authority of their letters of with their own; and if any clergyman orders, received from the bishops by circumstanced like themselves should whom they were severally ordained-be presented to a benefice in my diocese, to administer the sacraments, and to I shall not scruple to receive him, withpreach the "unsearchable riches of Christ" wherever the opportunity is granted, in any part of the world. Hence, on the continent, there are English clergymen labouring without a license from any bishop; and, under the same sanction of her ecclesiastical polity, the Church of England has in Scotland several congregations, which, with their ministers, are necessarily exempt from the jurisdiction of the prelates of their own church. An English bishop may perform any of his Although there are many positions episcopal functions north of the Tweed which the clergy may occupy without whenever he pleases (as, indeed, has coming under the immediate jurisdicalready occurred), and without the con- tion of a bishop, yet, in the event of sent of any party; but he cannot either misconduct on the part of any minister exercise or impart authority in Presby-holding preferment, the late act (3 and terian Scotland. The Scotch bishops *Letters Apostolic, Considered with Referpossess no jurisdiction whatever; for ence to the Law of England, by Travers Twiss, "the Protestant Episcopalian Church D. C. L. of Doctor's Commons, Commissaryin Scotland is maintained by the law of the land, under the spiritual authority of bishops, exercising episcopal functions

out waiting for a mandamus, if he brings a sufficient testimonial of conduct and orthodoxy." And the present Archbishop of York has said "I shall not object to license, in my diocese, clergymen duly qualified (according to my judgment) in soundness of doctrine and character, who, having officiated in English chapels in Scotland separate from the Scottish Episcopal Church, do not possess a testimonial from a Scotch Bishop."

General of the Diocese of Canterbury, pages 11, 62.

May 22, 1849, pages 35, 97. Published by Hatchard, London.

† Report of the Debate in the House of Lords,