The Express.
London, England, 1867-11-04 00:00:00

MARTIN r. MACIIONOCHIE

Mr. W. James, Q.C.. of the Chancery bar, with whom
were Mr. Prideaus, Q.C., Mr. Tristram, snd Mr. Charles,
moved on behalf of the defendant in this came fora rule nisi
to show cause why a prohibition should not be issued to stay
the proceedings in this case in the Court of Appeal. The
case arises out of the ritualistic observances at St. Alban's,
Holborn. and the grounds upon which the motion was
made were twofold : first, with regard to the constitution
of the Court of Appeal ; and secondly, which went beyond
that, a prohibition to entertain the charge at all, on the
ground that the allegations contained in the charge did not
amount in law to en ecclesiastical offence. The Court of
Appeal Lad assumed a jurisdiction which it did not possess.
The charge was brought under the 3rd section of the 3rd
and 4th Via., chap. $4;, the Church Discipline Act.
The Lord Chief Justice—What is the charge?
Mr. James—The charge was laid under the above act,
which declares that in any mule in which a clerk in holy
orders might be charged with any offence against the eccle-
siastical law it should be lawful for the bishop of the
diocese within which the offence wail committed to issue
a commission of inquiry and to send a case by letters of
request to the Court of Appeal, to be heard and deter-
mined according to the law and practice of such court.
Under that act the Bishop of London had sent a charge
to the Court of Appeal of the Archbishop of Canterbury.
The charges were that the Rev. A. Mackonochie, a clerk
in holy orders at St. Alban's, Holborn, had, upon the
complaint of John Martin, a parishioner, offended
against the laws ecclesiastical, first by the eleva-
vation of the cup at the celebration of the
Holy Sacrament in a greater degree and other-
wise than by merely taking the Fame into his
hands as described by the Book of Common Prayer and
than was necessary to conform with the requirements of
such Book of Common Prayer, and further by elevating
the cup during and after the consecration of the elemente,
contrary to the Prayer Book, and by bowing, kneeling, and
prostrating himself before the consecrated elements; and
further that he had used lighted candlesat the table during
the celebration of the communion, at a time when such
lights were not required ; and also with permitting and
sanctioning the use of incense, and also with mixing water
with the wine when used at the communion, thereby con-
travening the statutes and canons of the ecclesiastical law.
The learned counsel contended that the allegations con-
tained in the charges as preferred against the rev. defen-
dant were in point of law no offences whatever. They
were in fact mere statements without any charge that
they were done wilfully or designedly or with intent
to depart from the prescribed form in the Book of Com-
mon Prayer. It might be the most innocent thing what
this gentleman had done, such as wiping his forehead.
burning gas, or a walk in church. They however now
knew, from what had subsequently transpired, that the
charges were meant to be charges of having violated the
Act of Uniformity. The 13th and 14th Charles 11. directed
that all ministers of the church of England should be
bound to read the morning end evening services and
administer the sacraments in the earns manner and form
as was directed by the Book of Common Prayer. Then,
again, by referring back to the 2nd of Elisabeth, which
directed that everything abould be in conformity with the
directions is the Book of Common Prayer, the act
directed that any person in holy orders so offending should
for the first offence low the profits of his benefice and
suffer imprisonment for six months, and for a seoond
offence deprivation.
The Lord Chief Justice—The question is whether this
gentleman, in administering the Holy Communion, has
contravened the directions of the Book of Common
Prayer?
Mr. James—The question is whether any charge has
been rosily and legally made against him ?
The Lord Chief Justice—But supposing the matters
charged against him should be en infringement of the di-
rections of the Book of Common Prayer they are certainly
within the jurisdiction of the Court of Appeal.
Mr. James—Provided the charges were a violation of the
statute. The Court of Queen's Bench had never allowed
another court to assume a jurisdiction which it had not.
The Lord Chief Justice- -The question of jurisdiction is
a question for the Court of Appeal. Whether this gentle-
man had or bad not departed from the directions contained
in the Book of Common Prayer was clearly within the
province of the spiritual wort to decide.
Mr. James at considerable leneth argued that the
charges did not state anything specific, any overt act on
the part of the rev. defendant. The charges did rot
refer to any violation of the Prayer-book—they did not
charge that what was done was done with a design to vio-
late anystatute. The direction was that the clergyman
was to take the cup in his band, and how could that be
done without elevating it ? There was nothing said as to
how high or how low it should be raised. It -vas necessary
to elevate it in some degree to take the cup into the
hand.

The Lord Chief Justice—The act of parliament directs
that the minister should conform in every respect to the
Rook of Common Prayer ; the defendant here had gone
it appeared beyond that.
Mr. James said the charge was, " permitting and sanc-
tioning "certain things to be done. He had never beard
that permitting and sanctioning was an offence.
The Lord Chief Justicesaid there was .no direction as to
the elevation ; the pith of the charge was that he had
elevated the cup beyond what was the usual and customary
mode of performing the service.
Mr. James—And then he had knelt, bowed, and pro-
strated himself during and after the prayer.
The Lord Chief Justice—A minister is not to introduce
into the performance of divine service anything that is not
directed by the Book of Common Prayer, and therefore in
performing the rites of the church the minister must con-
form to the Prayer-book. If he does something which is
not contained in that hook, who is to say it is not matter
for the cognisance of a spiritual court? With regard to
the performance of divine service, the act of parliament
meant that clergymen should not follow their own judg-
ment or imagination in these matters, hut follow the direc-
tions contained in the Book of Common Prayer. Upon
this point there would be no rule.
Mr. James then moved upon the other point, viz., the
constitution of the court for the tri.d of the charges by
Dr. Phillimore in consequence of his having been counsel
in the case, on the ground that it was not valid, and upon
that point the court granted a rule.

Etwriox AIOVEMENTS. —The candidates for •
vacancy occasioned in the representation of South Leices-
tershire by the death of Mr. C. W. Packe are Mr. Tertius
Paget (liberal) and Mr. A. Pell (conservative). Mr. Pall is
the representative of the tenant-fanner interest, and if
returned would occupy much the same porihion in the
house as Mr. Jasper More, the member for Shropshire. and
Mr. C. S. Read, the member for East Norfolk. Mr. C. H.
Fitch continues the only candidate for the seat for ltut-
landshire rendered vacant by the elevation of the Hon. C.
H. Ileathcote to the peerage. Mr. KW. Cox, recorder of
Helstou, who unsuccessfully contested Taunton at the last
genend election, is again named as a candidate. A meet-
ing of the liberal party of Plymouth has adopted a resolu-
tion expressing confidence in Sir It. P. Collier as one of the
representatives of the town, Sir Robert havingpreviously en-
tered upon an elaborate review of public affairs. Mr. Miall's
committee in connection with the recent election fur Brad-
ford propose to get up a gathering in his honour at that
town. The dinner will be followed by a demonstration, in
which it is hoped that Lord Houghton, Mr. Bright, M.P.,
Mr. Dailies, 11. P., Mr. Stansfeld, M.P., and Mr. T. B.
Potter, M.P., will take part. Six new members will take
their seats in the House of Commons on its assembling on
the 19th inst., when new writs will probably be moved for
South Leicestershire and Butlandshire.

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DRYAD RIOT IN SOUTiI D-IVON.

---'--EXETER, SATURDAY.
The present high price of provisions has led to
a most disaraceful riot at Teignmouth, near this city, late
last night. It appears that a notice was published that a
meeting of the inhabitants would take place on "The
Den," the public pleasure-ground, to consider the exorbi-
tant prices of provisions, and the consequent sufferings of
the poor. Accordingly at eight o'clock there was a gather-
ing of about KO persons, chiefly of the lower classes, on
the Den, whence a procession was started, rind the
mob patrolled the streets of the town in the most excite-
able manner. Groups halted before the bakers' and
butchers' shops, where they uttered yells and groans, and
then smashed the windows with stone. Some of the shop-
keepers, anticipating the outbreak, had caused their
shutters to be put up, and in those cases the upper
stories were made a mark for the fury of the
mob; but fortunately there was a scarcity of missiles.
Several persons were injured. The mob was very partial
in its attack, for while some shops suffered, others occu-
IPied by person. carrying on the same trade were passed
over without the least demonstration. The disturbance
reached its climax in Fore-street, the main street of the
' town. There they made an onset on the shop of Mr. Pike,
' the largest butcher in the town, who was held to be
the leader of the opposition to the popular clamour for re-
duced prices. The mob was gradually augmented, and by
the time it had reached its height the number was about
2,500. They were evidently bent on mischief : all that
was lacking to make the riot formidable was a
leader and proper orgiuoiaation. They distributed
themselves in front of Mr. Pike's house, yelled
and groaned, screohed, and hooted, while some score or
two of boys shouted out " Drop the bread, drop the beef."
Squibs and crackers were let off into the crowd and into
Mr. Pike's shop, nearly all the glass of which was com-
pletely smashed. The police force of the town was quite
overwhelmed, and were inadequate to disperse the crowd,
but they acted with great boldness and temperance, for-
bearing to use violence or apprehend any person. The
mob flung stones at them, and Sergeant Coles received
rather severe injuries ; all were more or lea injured.
Ultimately the mob dispersed, a rumour being afloat that
the county constabulary at Exeter were on their way to
the town. The police had been telegraphed for, but on
the dispersion of the mob the telegram was counter-
manded.