The Express.
London, England, 1859-09-09 00:00:00

(Stamped id. Additional.)

OZ01011•8-IR-211B LIST.

Ia reply to a letter fees Mr. W. L. Hsw,U, vestry
clerk of St. Ocornet-In-the-Swit, lakening the 'Bleep of
tholate riots in the church, the Bhhop basemen the following
°Anon on the whole cue •

" Str,—l beg to acknowledge your Aida' letter of the 2nd
faatergri reopeetreg the Iree disgraceful preceedtegs In the
pariah of 13.. George* In the Rev, whisk malted me )aa-
terday (Sunday), =at aloe beg to acknowledge the copy of
a report made to the vestry of St. George's by a ommittee
eprinted by that body.

In answering your letter I think it secemer, to draw
year attention to a thetioction u to episcopal authority wry
comonmly lost eight of fa ouch &puma. A bbluitre Sutlio•
rice lo of two kinds. Within • catain range, indeed by
leer, he has power to give cadets and enforce obedience to
them by penalty of law. Over • much wider range helms
authority from the good flame of all inell.ellepseed eilemben
of the choral, who 'blunted', accept his paternal advice and
guidance. It is not too mach to ear, that by far the master
part of • blettop'e government of his dicers fe ctrriad an
then & dm wiling defenece whiob geed Cilrldita tatting
suggests to the members of the church, both lay and (I,mM,
that he is entftled to claim on account of the very nature of
kis oboe.

"Now a &Welty rhea in answeriag your later from
your sot distin,tly bait:lath* in which of these two captivi-
ties it is that the aid of my authority is now invoked.
" I. Isbell first consider the matter brought before mein
alfresco to diet suthority which lan eclairs by legal
pateltirs.
" Yon are aware that two parties in this &puts have in-
voked ay aid.
"1. lem informed, ea the part of the rector, that the
perish chalk a demented tly Amidst ly perms., the piddle
werehip of Ood !attempted, and the recto, or other olficieting
minister, with the choristers, habitually Insulted daring oe
after divine service. No language can be too strong to ex-
press the abhcrrence with which all persons °luny true
Chattiest feeling must regard such outrage*, if they really
take places, as is net denied. It is the grossest self-deceit to
suppose they can be Justified by soy provocation which the
roder's, choral arsine or tumalvd habiliments may have
Bat-what be the legal remedy for these dieturbences
It is that to Which I have had roman. I have required the
chureltwardens to be mast at the service in which the
rimene proceedings complained of are elleged to take plea
and to exercise the power* inherent in their taco tor the
euppleadott of disorder. These powers are well deflued by
statues 1 William end Mary, chap. 18, sect. 18
. ' If any permit malimonsly or Ecutempittously come into
any church and disquiet or disturb the congregatiou, or nits-
nee asy preacher or teacher, such person upon proof thereof
before soy Justice of the pesos, by two or more sufficient
witness, shall find two sureties bound by rem:guineas in
the penal ram of 501, and in default of such sureties shall
be cevemitted to prison, there to rangn till the neat general
sr quarter sessions and upon conviction shall forfeit 201. to
the use of the movie.'

" At common law •• perms distant:4 divine eureka may
be removes, by mother parent there meant, but the duty of
maintabling order Ilea especially an the olturchwarder.s. If
they are absent, or being present do not repress disorder, they
aegis* their defy. I grad that the peed:nuance of their duty
In the mune instance is difficult, but the law seem w plat
out with sulikisat diatinctmes how they ought to eat.. T.
rester, se I learn from the report of the committee of
has fornesilyintimated to the churchwardens that km ,Q 1 hold
them reapousibie to an ccelesisatical court for the performance
of their fluty above dteoribed, cad they ere cartably o ser
@possible. Toe committee of vestry is of opinion that they
are most atordnous to the performance of their duty, au I
shall be truly glad to loathed this is so.
" This is the strict legal aspect of the nue, as regards the
complete:it on the rector's pert ramecting the alleged disturb-
ance of public worship, and as regards the ressedy nthich
ought to be applied.
" 2. The comptatat ofthe *stay which you forward to at.
has reference to the alleged endtbeg amuse (Smelt diaturb-
ante. You gate as I understand you, that these disturb.
anus arise from ;he a:separation of holing calmed by the
objectionable mode in which you allege that the Bev. Bryan
King, the rector, and those appointed by him to c:lebrafe
dime service in the parish church, and sloe by the %cou-
rted** date hour appointed by the rector froths shamus
lecture.

" Yon, therefore, regnest me to restore the afternoon (In-
ters) service to the hate of three or half put three, end to
prohibit the use of 111210011/114Med vestments by the odlciatteg
clergy. I gather from year latter, and the report .raked,
that there are other matters hi the ceremonial .f the pariah
thumb which you meatier to be causes of dtuendon, sad, in
particular, you brirg tinder my notice the mode In which the
morning melee was conducted on Sunday, the 28th of
Freder
August, by •
Gem Mesage clergyman, desigmated the Bev.
ick s, Lee.
.1. As to the hoar of the afternoon (lecture) serviee—Yon
ere aware that the arrangements respecting this lecture Were
very lately made the subject of proceedings before a court of
law, and my nnderetanding of the decision of the learned
Judge in the cue is, that it was left to the rector to 11x such
hour as he deemed fit and pi., pre for the lecture. I write at
• diatannt from the means of verifying this impression, but,
subject to carreetion and better information, I am of opinion
that I have no legal authority to order the hour to be
changed. Your request on this subject most, I apprehend,
be addressed to the recto., and tot to me.
"2. With regard to the mode of celebrating divine wor-
ship in the parish church, I understand you to complain
that at 4 o'clock on Sundays the Litany is used as • separate
choral service. . .

" If your objection be to the celebration in the parish
church of Ray additional divine service beyond the ordinary
morning service, the afternoon (lecture) service, and the
evening service, I have no power to prevent such additional
use of the church, and certainly I should not employ such
power if I had it. Ie a pariah so "eat as that of St. George,-
in-threEset the more esteems there are the better, and the
incumbent has a legal right to use his church as often in the
day as possible; and I highly approve of his multiplying the
opportunities of petite worship.
...Again, if your objection is to this additional service
being choral, the law allows en Incumbent to Imes •eh out
rather than • read service If be plow's; and though I may
highly disapproves, as I do, of forting • choral 'menu on an
unwilling pariah I can only remnants; I have by law no
power of forbidding, or, U I forbid, of enforcing obedience
to my mandate.
Ayala, if your obligation be to this ad.litional ureic*
being the Litany, and not • third regular evening service,
must point out to you that there is • very com-
monly expressed desire, to which utterance has been
given in path unmet and elsewhere, to have the ordioary
morning service of the church of England shortened ; and I
have myself in my place lo parliament elated that an obvious
way of legally attraiathg this object Is by separating, as the
law allows, the Litany from the ordinary morning service.
It is en open queetiou whether a clergyman has not the
power of effecting such • s operation, in strict socerdence
with the rubric, even without any sanction from his bishop.
If, from my common authority ea ordinary I have legal power
to forbid this practises, I should be very unwilling to do so,
melees I were eatieW in this inatance that it is the fact of
this service being the Litany rather than an additional re-
petition of the common ear niog service that Is the cause of
the stheperation which you allege.
But the chief real objection to this four o'clock service I
presume wises from its being supposed to intezfers with th •
(lecture) aftereom service. I have already stated to you
how I apprehend the use stands regarding any legal power
oa my put to regulate the hour el that lecture seevice. I
will only point out to you further that I fear the parish
would scarcely be candled if the rector so far gave way as to
inouporete Mr. Afro's lecture into an aftermath choral
servlosof his own, conducted according to the model of hie
' own usual service.; and if be so far gave way as to admit
the lecturer to his pulpit at his usual afternoon service, he
would, I apprehend, have • legal right to make that service,
choral. I oonfeas I think it is, on Use whole, better that
these two gent Itenee(the lecturer and the rector of the pariah)
sheath have their hours of ministration la the parish church
separate.
" I now come to the only other poled you mention— he
use of uesocnstomed vestments by the officiating elem. It
is well known that I have announced my determination of
putting & stop to suet follies when I can do so by my stun-
wary jurisdiction over those who are placed more immediately
under my personal control; and such jorladiction I have
already f zerctied In St. George's; and I hereby require the '
churchwardens to give me immediate information if any cler-
gyman so officiates in the church as to give reasoaable
offence by thls childish mimicry of antiquated garment., at
or by so dressing himself up that he may resemble as much
ss possible • Roman eithtlic priest. Even If it be proved
that such foolish practices are not • distinct violation of
the letter of the law, they may Indicate such a wrong-
headed and self-willed determination, for the sake of
• foolish theory, to endanger the snores* of his ministrations
among the routs committed to hint as to justify the bishop in
eminently withdrawing a oarate's House for the rod of the
parish. I need not, however, point out to you that the law
don not give • Bebop any such power of dealing summarily
with an Incumbent; and to the cue of the rector of your
with whom I had some lengthened communication
t w nor on the subject of these very garroeuts, you are
probably aware that, on mature constderation, I determined
to trust rather to my =MAIM that common seam will in
the end prevail, and not to go into a court of juatiee on •
matter which appears to me so foolish in itself, end
the issue of the legal prosecution of which through all
the several courts must, after all, be uncertain from the
very nature of • costroveray turning on the shape:ad kern
of the author worn at the time of the Refosmatlon, and their
points of resemblance to, and divergence from, the gamete
made for us in the present day.
But though I entertain this opinion myself, that presses•.
lions, on what may be ailed the rattiest quelkeete assert
of law are inexpedient, and bedded dercriftris the shasethen
of oar thumb, I by so . wane W:O4 to Mid Wilma&
opinion in thls matter spinet their will; and NH le the
rate denim of thirtieth= ton represent to prosecute the MOM
for veering gerneabs which, I grant sot ennaterally,
offend parlabkarms, I gall be ready wine ailed