or not, it was in vain to blind themselves | ber for Maidstone said that the measure to these facts; and those who wished to would relieve tender consciences; but did see the Church hold her own in this land it, he asked, alter a single word in any of and spreading further and deeper her holy the services of the Church or in any of and benign influence must rejoice if she the Thirty-nine Articles? Were the clergy were willing in any degree to adapt her- not still to be solemnly required to use self to the necessities of the time, and to those services and teach those Articles? the progress of human thought, instead of How could it be said that they were to engaging in a short-sighted and futile re- consent to the whole of the Prayer Book, sistance to the advancing tide. If, while but not to every part? The whole was the intelligent and energetic youth of the made up of the different parts, and he was country was determined to use its reason at a loss to understand how a man of canfreely, and to repudiate any attempt to en- dour could say that his conscience was force intellectual subjection, the Church relieved by that measure. As to the words should still persist in demanding from her "assent and consent," though some had ministers an absolute and uncompromising contended that they were synonymous, submission of mind to all and every portion he found from Webster's Dictionary that of her dogmatic teaching, the inevitable "assent" was only an agreement of the result must be to sever the Church from understanding to an abstract proposition, the intellectual energy of the time, to hand but that "consent was an act of the over to feeble and narrow minds the high will. For instance, "assent' was given function of instructing the people in reli- by Her Majesty to all Acts of Partiament; gious truth, and thus to weaken her power but Her Majesty did not thereby consent and degrade her character. It was in that to all that those Acts contained. She sense and with that view that, two years assented to do that without which all Acts ago, he had called the attention of that of Parliament would be null and void. House to this subject for the first time; He thought it was evident that some difand he was persuaded that this measure ference of opinion did prevail among the would not only relieve many tender con- members of the Royal Commission, and it sciences from a cruel burden, but would had no doubt led to a compromise. He was tend to maintain the connection between aware that there were clergymen in the the Established Church and the stirring Church who entertained sincere objections to intellect of the age. certain of its services, such as that of the burial service-the visitation of the sickthe baptismal service, &c., and he would say let their consciences be relieved; but let it be done by a revision of the parts of the service to which they objected. The clergy would still be required to use these services, and he could not see how their consciences would be relieved by an alteration in the mode of taking the oath. Then he would ask whether the 20,000 clergymen were to make this new declaration, or was it to apply only to those who should be ordained after the passing of this Bill. He wished to know whether under this Bill existing clergymen were to be allowed to take the new form of subscription, in order that their conciences might be relieved, or whether its provisions would be applied only to a new class of clergymen. Were they to have two classes of clergymen, one of which would not be relieved from the conscientious scruples they entertained, while the other would be allowed to put what interpretation they chose on the Articles to which they objected? Grave as he thought the measure, he should not have ventured, as the hon. Member for

MR. BRISCOE said, this was a subject of a grave and important nature, and it might have been supposed that the House would have been attended by a much larger number of Members. The hon. Gentleman the Member for Maidstone (Mr. Buxton) regretted that the alterations made by the Bill had not been carried to a greater extent. Now he (Mr. Briscoe), had paid some attention to the subject, and he was not surprised to find that the Archdeacon of Middlesex considered that this was one of the most important measures affecting the Church since the time of Henry VIII. When it was said that it had been unanimously approved by Convocation, it seemed to be forgotten that the Bishop of Lincoln had expressed his extreme regret at seeing the words I do willingly and ex animo" altered into the feeble phrase "I do solemnly make the following declaration." The Bishop of Peterborough entirely agreed with the Bishop of Lincoln that it would be unwise to omit from the declaration the words "willingly and ex animo," which afforded a security for the Church. The hon. Mem

"From the preceding narrative it will be seen that the Convocation is assembled by the Royal writ, but that they are not properly an ecclesiastical synod until the licence for business is granted. It is merely the licence for business that is now wanting to permit the Convocation to transact any matters which the Crown might recommend or the circumstances of the Church require.” Again

"The Convocation has not acted as a provincial synod for many years, because the Royal licence has not been granted. As soon as the licence is issued a power is given to the Convocation which it did not previously possess, though assembled by Royal writ. It is then a provincial synod, and competent to transact ecclesiastical affairs.

"They are a Convocation by his writ of summons; but a council, properly speaking, they are not, nor can they legally act as such till they have obtained the King's licence so to do." He might add to this the authority of Lord Macaulay-an authority on constitutional questions of this kind of very great eminence. Lord Macaulay said—

Maidstone had done, to call it a "radical be allowed to quote on this point a few change." He supposed that a difference sentences from one of the greatest authoof opinion had existed in the Commission, rities on this subject-he meant Lathbury and that a compromise had been come to. who said— But he had felt bound to make these few remarks on the second reading of so important a Bill, and he must say, in conclusion, that he would be glad if some means could be found for restoring to the declaration the words "willingly and ex animo." MR. SHAW LEFEVRE said, he regarded the measure as an advance, although a small one, in the right direction, and as such it should have his most cordial assent. He wished to say a few words upon what had fallen from the right hon. Member for the University of Dublin (Mr. Whiteside) in reference to the Irish Convocation. It certainly appeared to him that if it was necessary in any way to obtain the assent or concurrence of the bishops and clergy of the Established Church in England, the like course should also have been taken in regard to the Irish Church. As long as that strange anomaly, the Irish Established Church, existed, the same course ought to be pursued in respect to it in such matters as was pursued in respect to the English Church, and therefore he quite agreed in what had fallen from the right hon. Gentleman on that point. But he would ask the Attorney General for what purpose the assent of Convocation was required? The 9th Section of this Bill expressly enacted that no subscriptions or declarations other than those required by the Bill should be taken by any of the clergy after the passing of that Act. It appeared to him, therefore, that it was idle to ask Convocation to make a new canon on that subject, because if the canon passed by them differed from the Act it would be void-if only in the words of the Act it would be superfluous and unnecessary. The Convocation had appeared to feel the helplessness of their position, and instead of waiting for the Royal licence to make a new canon, had taken the discussion on the new subscription on application for a licence. He wished, therefore, to know whether the custom which had grown up in Convocation of discussing these matters without waiting for the Royal licence was a constitutional one. The usual course had been since the Act of Submission, commonly called the " Muzzling Act," to wait till the licence was given them before discussing any important matter conLected with the Church. Perhaps he might

"The Convocation has, happily for our coun try, been so long utterly insignificant that till a recent period none but curious students cared to inquire how it was constituted. The law, as it had been interpreted during a long course of years, prohibited the Convocation from even deliberating on any ecclesiastical ordinance without a previous warrant from the Crown." The right hon. Gentleman opposite (Mr. Whiteside) asked what objection that side of the House had to the meeting of Convocation. Now, for his own part, he certainly had no objection to any meeting of the clergy to discuss subjects, whether at Willis's Rooms, at Oxford, or in any other place. What he objected to was their meeting to discuss in Convocation under colour of legal authority, when they had none whatever. He objected to their claims to be considered as a necessary part of the Constitution, to the extent of their consent being necessary to the legislation of Parliament. For a great many years Convocation had been entirely silent. They had heard nothing of it, and he believed nothing had been done by the Ministers of the Crown to recall it into existence. It had been called into existence by a curious process of spontaneous regeneration. He believed he was right in stating that there had been no authority given by the Crown for Convocation to meet and discuss any such matter, and it was there

of any part of the clergy, let them by all

Church of England there was among some of the clergy a tendency to forms and ceremonies which might be honestly and consistently adopted by Roman Catholics, but which could not be honestly and consistently entertained by those who received Protestant pay from a Protestant Church.

of the country, deemed to be improper. Now, what would have been the result if means have it. He regretted that in the that had been declared 200 years ago? How many Dissenters from the Church would there then have been? According to the census of 1851 the attendance at worship by Dissenters exceeded that of the members of the Church by 300,000 persons. He denied that they had shrunk from inquiry into that point in 1861. His THE ATTORNEY GENERAL: Sir, hon. Friend (Mr. Baines) moved for the as several questions have been addressed same test as in 1851, and it was refused by to me in the course of this discussion, the House, or a larger majority of attend- it would have been my duty to have ances might have been shown. As to taken part in this debate, if there had been Convocation, it was a great misfortune it no other reason to induce my rising. Bewas revived some years ago? He might fore, however, answering those questions ask what was Convocation? Was it I will venture to make a few observations for the province of Canterbury, or for upon the general object and effect of this York, or for Ireland, or for all three? Bill, and, in doing so, I may express my beThat Convocation was an insult to the lief that it would be very easy either to overcommunity of this country. The settle- state or to understate its value and effect. ment of Church affairs existed, not in If any man thinks it would be a good thing the Convocation of Canterbury, York, or to emancipate the clergy of the Church of Ireland, but in that House. Therefore it England from the obligations which they was that he insisted upon putting an end are under, to adhere and conform loyally to that irresponsible body. If this Bill to the principles and the doctrines of the was intended to relieve tender consciences Church of which they are members, he why did they not apply the axe to the root certainly could not regard this Bill as in of the tree? Why did they not amend any way applying the axe to the root of their Burial Service and their Form of the tree. Nor does it in any way alter Visitation of the Sick? The fact was, the substance of the doctrine, discipline, that they dared not undertake that work of or formularies of the Church. Still less revision. Why did they not proceed to does it aim at affording any encouragealter the Church Catechism-a Catechism ment to clergymen to belong to the Church, which the majority of the members of the to take part in its ministry, and to share in Church of England itself did not embrace, its emoluments, without at the same time and which parents shrank from having their being loyal and conscientious members of children brought into contact with? It that Church an encouragement which, was undoubtedly true that the doctrinal if offered, I could not but regard as articles of the Church of England were immoral and demoralizing. What was more consistently held by the great majo- said by my hon. Friend (Mr. Buxton) rity of the Nonconformists than by the has been misunderstood. What my hon. Members of the Church itself. The mem- Friend meant was, that the end the Bill bers of the Church differed more from each was intended to accomplish was to relieve other than the bulk of Nonconformists did scrupulous consciences from a restraint from them. It was a satisfaction to him which seemed to them to be imposed upon that the voluntary system had caused a the exercise of that reasonable degree of revival of spiritual life within the Church liberty which was consistent with loyal ad of England itself. It was not disadvan-herence to the Church, and which there was tageous to the country to have different reason to believe all wise legislators for the denominations, and he believed that the Church, whether spiritual or temporal, had Church had within it the power of a intended to permit. I cannot but think spiritual life which would be a blessing to that, in this respect, the relief which this the world if duly reformed and dissociated measure is calculated to afford by the from the State. The Nonconformists re- change in the declarations is likely to be joiced in that fact; and what they opposed attended with salutary effects. In truth, was those things which had a tendency to we are reminded on this occasion of an destroy that power and its usefulness. He argument employed in the discussion of would not offer opposition to the Bill. If the Roman Catholic Oaths Bill-an argu it afforded relief to the tender consciences ment which, I believe, had a good deal

of weight with some hon. Members. In by some hon. Members. The right hon. Genthat discussion it was not merely urged tleman opposite (Mr. Whiteside) made a that the oath the abolition of which was speech in which I understood him not so proposed-would be objectionable in prin- much to object to the Government consentciple if it received this or that interpre- ing to the request of the English Convocatation, but the chief objection made against tion that they may be permitted to take it was that no one knew what the real their part in this alteration with a view to interpretation was. If I were one of the the consistency of their own canons, but to clergy I should myself be disposed to place urge upon the Government, in case that upon it the construction suggested by the request were granted, that it would be context of the Act of Uniformity, and to inconsistent and wrong not to do the same hold that it merely meant that the sub- thing with regard to the Irish Convocation. scribers unreservedly consented to the use It would, perhaps, seem to be a somewhat of the whole and every part of the forms technical answer to say that, in the case of in question; but I cannot deny that there the Irish Church, there is no existing Convois a tendency in its terms to catch at ten-cation or synod by whom a similar applicader and scrupulous consciences, and to tion could have been made. If there were exact, or seem to exact, a more complete reason to suppose that the general sense of concurrence of opinion and judgment, as the Irish Church might refuse to accept the well as practice, than could be reason proposal contained in this Bill as a desirably expected of any man with respect able and salutary change, then there would to formularies so extensive а con- be more force in the objection that they currence which, moreover, is not neces- should be consulted. There is, however, sary for the purpose of an honest and this substantial difficulty in the way, that practical submission and obedience. No you have at this moment no Irish Convocadoubt many minds have been troubled by tion or synod in existence. In order to it, because they thought that it meant, consult it you would in short have to create "This is exactly the service which I like a Convocation in Ireland. It is not said best; there is nothing in it that I dislike that, for the purpose of legislation, it is or would desire to see changed." I do necessary to ask the advice of Convocanot believe that that was the meaning of tion; for everybody admits that if this Act the declaration; but if any such scrupulous of Parliament passes it must be obeyed. consciences can be relieved by this measure Neither is there any doubt as to whether which has met with such unanimous con- the Irish Church regards the proposed currence, I shall greatly rejoice that change as desirable and salutary. The such a conclusion has been arrived at. only question, therefore, is, whether the Besides, if there were nothing else in the Crown should, in fact, create an Irish ConBill, the mere simplification which it will vocation in order that it might show it the introduce into the declaration, by getting courtesy of asking its opinion. In England rid of the unnecessary variety of subscrip- such is not the case. In this country, tions which now prevail, will be a good even when Convocation had nothing to thing; and I do not think that it will prove do but to address the Crown, it was what an hon. Member seemed to think regularly elected and always met. That it might-a sort of banner of revolution to being so, and the Convocation, now sitthe Church. The substituted form of the ting, having signified their desire to declaration affords, I think, sufficient safe- co-operate as far as lay in their power guard to the Church, and is not in any in the change recommended by the Royal way inconsistent with the firmest adhe- Commissioners by adapting certain of rence to the principle of holding its minis- their canons to that change, there is, I ters bound to render strict obedience to consider, good reason why the Government its doctrines and discipline. If the altera- should accede to their application. But suretion, while doing this, is calculated at the ly this cannot be an equally good reason for same time to relieve the difficulties which calling into existence and electing solely affect the consciences of some clergymen, for this purpose an Irish Convocation which the result is one with which we have every has never been in the habit of meeting reason to feel satisfied; and this I believe, under similar circumstances. No disrespect, is the view in which the Church generally I may add, to the Irish Church was ever will regard the measure. I will now leave intended by the Government. The simple the general subject of the Bill, and come to truth is that a practical difficulty was involved those questions which have been put to me in the matter, arising out of the non-existence