The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1867-05-28 00:00:00

PROSECUTION FOR RITUALISIL

" The hearing at the ease of " Markin g. llaekcesoefile"
was began May 21, before Dr. Lushlngtou, is the Court
ci A In this ease the oMee of the Jodie was pro.
emoted by Mr. Martin on um part of the Marsh Agee-
dation, an evanplirial body established about two years
ago for the purpose of resisting the progress of Hanish
error in the Church of England. the defendua in the
ease being the Hee. A. H. Mackonochie, to., the in
eumbent of fik. Alban's, Holborn. The defence Ilse
been undertaken by the Eaglieh Church Union, whose
president, the Hon. Colin Lindsay, and many members,
were preeent. The court was crowded with clergymen
and others who.take as inkwell :la thg matter.

-
Mr. A. J. Stephen, Q.C., Mr. Coleridge, P. 0., Dr.
Swabey, and Mr. Droop appeared for the promoter;
and the Queen's Advocate. Mr. W. M. Junes, ex.,
Mr. Pridessz, Q. C., Dr. Tristram, and Mr. R. Charles
for the . defendant
_ . _ _

r.II;T:1;eo, lee the promoter of the salt, stated
I eseemily that the charm against We. Matilltheothi•
I were virtually four. The first untie set forth, "That
by the statute law and by the constitution and canoes
ecclesiastical, treated upon by the Bishop of London,
president of the eon vitiation for the province of Center.
bury, and the rest of the Bishops end clergy of the said
p_rovince, sod sealed upon with the licence of his
Majesty King James I. in their synod began at London
in the yeer of Our Lord 1603, and ratified by his Ma.
jesty's letters ',steal under the great seal of England, all
slalom and ministate in holy orders are, among other
things, bound to my and um the Book of Common
Peayer, and administration of the Sacraments, and other
rites and neremotdes of the Church, according to the sea
of the United Church of England and Ireland, and that
any clerk or minister in holy orders offending against
the said statute law, constitution, end canons, ought to
be runished according to the gravity of his offence and the
exigency of the law," The subeequant artioles state
the charges spinet the defendant— the using of
lighted candles, the elevation of the holy elements in a
greeter degree than was prescribed, the using of incense,
and the mixing of water with wise. "An address by
Mr. Meekonothie to his parishioriers" was also pat in
evidence, and the proctor for the promoter coneledee by
praying that the defendant be admonished not to offend
against the law in (eters, and be tiondeccuted in the
amts.

The Queen's &detente, on the part of the defendant,
took two objections to the &drowsiest of the iu ham-
first, that there was not • due specification of fort.
Upon the Ind minis his lordship would observe that
the statute law generally was referred to, and DO
p•XtiOtliSZ statute was mentioned at all. He wee
perfectly aware that there were ter) modes of proseed-
ing &pined a clerk in holy orders—om by proceeding
under • common statute or canon, and another by pro-
ceeding under the general or common molesiaatical law.
The answer given to the In objection always was that
where the Offen» was one generally cognisant it was
not necessary to point out the articular canon or statute
under which the proceedings were founded. But
general law waci not here relied on, and therefore he
contended it was amesary to bonier. specd6o. The
second article be had no objection to of sour». To
the third article he must ea his lordship's particular
attention. It contained not very far short of eight
*barges, and they were coupled in • way which he
thought his lordship would think most objectionable,
the mode in which they were stated also deserved the
attention of the Court. It wee alleged that the defen-
dant "elevated the paten in • greater degree and ether'
wide than by simply taking the same in his hand as
prescribed by the Book of Common Prayer." It waa
quite impossible to answer this aerie. He bad • right
to know and have it stated in what degree the paten
had been elevated in • manner forbiddes by the law.
The Court would notice that throughout them articles
no tarticulm statute was mentioned, bet the law was
spoken of in • lump, and it was of the highest im-
portune. to Mr. Mackonochla that be should know what
particular law be was charged with contravening. Now
It was alleged that on the 23rd and 30th December, 1866,
sad on Christmas-day in the same year,
he elevated the paten end *halide during the
administration of the Holy Communion in •
degree than by merely taking the same into his greeter
hand.,
"and in • greater degree than is necessary to conform
with the requirements of tuck Book of Common
Prayer." What degree and what requirements were
necessary? Then " permitted and rationed such
elevatioa." Whom had he permitted sad sanctioned?
and "taken in his band and elevated the sap, and per-
mitted and sanatioad the cup to be elevated, sad to
kneel and prostrate himself." To kneel was sot unlaw-
ful, it was an act of devotion. Did they mesa to aerie
Mr. linakonoebie with kneeling or prostration as as
offence? They did not state this. They east know to
what canon these things were at variance • to whet
statute had they made an addition or variation? AS
regarded the?hting of candles at times when DIMOND-
Hai to give I t, it wm most important to know what
law the use them lighted eandlee contravened. With
respect to the use of imenee, an entrain was read from a
pamphlet Weed by Mr. Maekonoehie to his pariehlosers,
In which he stated that, in deference to an opinion gives
by the Lower Hoses of Convocation, and a wish expressed
by the Whop, he had diseontimied the use of it In the
tenth sharp, whisk staled that Mr. Marikonochie mixed
water with the wins, they wished to know to what law
was it an addition to, what was it at variation with? It
was necessary that them things aboald be spesilled, for
it wee not enough to my that Mr. Meakoseads per-
mitted and saimed them bete—they mug my whets
he permitted and emeliesed. The learned mussel con-
chided by asking that the Coen would armed all the
artistes; as be should then be able to pnt ia his »epos-
sive allegationa, mid to argue the ease en its merits.
Mr. W. B. James, tea, followed on the same side,
contending that the DOSS charged &ablest Mr. Maa
konoeltie were innocent things sad constituted so
asses
His Lordship inquired whether it was contended that
any deviation from the order ed the Primer Book inia
an indifferent ace
Yr. :smog said that blueing incesse, for inland%
was no more an offense than banal, end, or me, ae •
pistils in &aura. Unbar the asis of Mr. ilaskorieelde
were introduced for the purpose of depraving the Beek
of Commies Prayer, rod for introdusing loathing
asetrery to that of the Prayer Book, there was no
eases All that was said was that certain aels Ware
ffsas—eree which be might my were perfectly Innocent
la themselves, and bad Mr. Meekonochie not elevated
the cousserated enemata, using of lights might he
perfectly innocent.
Hie lordship did not know that it would be if it W.'
a variation of the Book of Common Prayer.
Mr. James promedeL—Wee it, as alleged, a variation
from the established law? Had an armee Wei
bees sounniand ? The allegations might be samtess,
but the pleadisp did not rein the question.
Mr. Pride»: nee to address the Court, but
His Lordship rand that two maned on caa side
were sulleient.
Mr. ffesphen, O. a., for the promoter, argued in deism*
of the artlcles, sad read extrude from the einem sad
rubric to prove that the ceremosies were "dark and
dumb sereinonies." He mectioned the aiming with
the sign of the mom at baptism, and the giving the rine/
at marriage as illustrations of eeremoales
which were fully espialsed in the Prayer Book, and
whisk, therefore , were sot "dark and dumb." He
scented that, by the acts complained, of, Mr.
Mackonochie had made unlawful additions to the
Book of Common Prayer. He wished to know whether
in the practices be was carrying on at Elk Alban's, Mr.
Maakonocibie was acting Is obedienc, to his bishop. As
regarded the lighting of candles on the altar neither in
the Prayer Book of Edward VL , nor In the primal one,
was there any sneatioa of »eh a thing, It might he
*lamed as one of *me "dark and dumb meatoon"
Mr. Coleridge followed on the same Ida, and asserted
that it was their wish that the articles should he made
perfectly *lsar, so that Mr. Mackoncobie aboald know
@lastly what he had to answer. He meld not see
himself that they were vague, as the counsel for the
defendant had matended.
After Medea the 011111011'11 Advocate in reply.
Dr. Lashingtos said that be must pregame that the
artistes set forth contained a spell* sharp is them-
selves. He knew not with whet ishentime Mn.
_

out theme metiers of religion. It I
might be that Ls did so with the best of meleves, but
by doing this. contrary to the Prow Book It was ea I
offsnos, end ought to be pat so end to. He should
always wish that the party aretupsd should haws the
fullest notion of the eh
irit Th. tms OG whisk its wee to hs
WriedriZto the words upermittedmgri
he oon that they were quite snlialiont without
specifying individuals.
The Qneen's Advocate inked for ventilation to appeal
to the Judicial Ocemnitles of the Privy Council.
His Lordship declised Mem the required permission,
es he should, it he did so on an interlocutory, be
snbkieted to the diaapprobatioo of their lordships.
The articles weft to be reformed as mentioned, sad
the proosedinp dosed.