The Express.
London, England, 1850-06-03 00:00:00

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LONDON, MONDAY, JUNE 3.

Tai Bishop of Lostriox's bill for establishing an
Epllleopal Ward of Heresy reads for a second read-
ing this evening in the Lords
We have already shown that this bill will not
satisfy the high church party ; that it is not called for
by the low church pirty; that its tendeney is to in-
crease the strife and discord now prevailing amongst
the clergy; that its operation would be injurious, if
not destructive, of that comprehension which the
occasional and harmless discordance between the'
Articles and the services of the March has,
intertionally perhaps, established; that in all pro-
bability it would lead to collisions between
the Episcopal Board and the Judicial Com-
mittee; that its decisions would settle satisfactorily or
conclusively no doctrir e, but would unsettle property;
and that it would augment the power of the episco-
pate in this country at a time when it is the desire of
every rational friend of religion to diminish what may
be called their metropolitan functions, and Az them
down in their dioceses. _ _I

We have also shown that the bill is a compromise of
the principle on which it is founded, ter it gives to the
Episcopal Board of Heresy appellate jurisdiction only;
whereas, if its principle be worth a single straw, that
board ought to possess original jurisdiction, and so
be able to &c .d. on questions of doctrine and
tenets in the first stags of their contention. Nor
dose it fully and fairly carry out appellate jurisdic-
tion ; for, with singular inconsistency and, we may
add, with singular timidity, whilst it enacts that the
decisions of the board shall be conclusive and binding.
it directs that the Judicial Committee of the Privy
Council, to which those decisions have to be returned,
shall report them to the Sovereign with their advice
thereon ; thus shifting the ultimate responsibility
from the new tribunal to the old constituted authori-
ties of the country, and making the Sovereign the'
medium by which to narrow church and to augment
dissent.

That a measure involviog such dangerous incon-
sistencies and such sectarian consequences will ever
become the law of the land, appears moat impro-
bable ; and first and foremost in opposition to it may
be anticipated to be found the Law Lords, again:
whose traditions, learning, and judicial fitness, it is
topeciany directed. The Judicial Committee of the
Privy Council is one of those great reforms for which
the country is indebted to the Law Lords, and now
that India, the colonies, and the mother country have,
for upwards of sixteen years, enjoyed its advantages,
it will ill become its authors, and particularly Lord
BROCGBA3I, to alluW its authority to be dintinistied,
or the sphere of its utility to be contracted.
It mast not for a moment be supposed that in the
establishment of the Judicial Committee it was not in-
tended to give that Dew tribunal jurisdiction over such
cases and questions as those of the Commit case. The
very con'rary is the fact. Such jariniction was not
conveyed inferentially or by any general words; but
after lull and ample deliberation, with a complete
perception of all the consequences, on the recommen-
dation of the heads of the church; particularly and
emphatically on the recommendation of Bishop
litouriLLD; who now asks parliament to undo, what
on the 23th day of January, 1831, he especially re-
commended parliament to enact.
Scarcely had WILLLUI IV. been comfortably seated
on the throne ere be issued a commission directed
Outer oleos) to six of the episcopate io investigate and
✓eport co the E.clesiancal Courts ; and Lord
Baorouau had not held the (;teat Seal many weeks
before be requested this commission " to report epee
cialiy sad immediately" on the jarinictioa of the
Coast of Delegates. The commiseionees almost at onos
recomaseaded to the Loan CILtaCeLLOI " that it
would be expedient to abolish the jurisdiction hitherto
exercise 1 by Judges Delegate and to transfer the
right of bearing appeal+ to the Privy Council ;" and
the grenade and reason of this recommendation they
subsequently made the subject of a " special report."
la this special report, the commissioners, after
pointiag out the objections to and inconvenience* of
the Cart of Delegates, state:
The Privy Commit balm maapemd of lords spiritual sad
temporal, the judges is equity, the chiefs ot the cosmos
law courts, the lucre sof the civil law court., cud other per-
sons of legal educatkai sad habita,Melal to comprise the mate-
nth of a moat per) ect trOwnal far decidiag the appeals is
queues.

Nay, one of the particular advantages which the
commissioners then saw in this transferenoe was, that
the judgments of the Privy Council would be given by
lawyers:

It is tonal at the Privy Council for the presidia, law
lord to deliver the rrinads of the jadynset ; which,
being thus koowa and reported, tend to seuie principles add
te establish antrormity of decision.

And to this " special report" the second name
sed meal appended are those of C. J. LONDON!
In conformity with Bishop BLONFIELD'iI advice,
the set of 2 and 3 William IV., c. 92, abolished the
Coat of Delegates, and in its plow erected this
" mart pe►Ject tribourof "—the Privy Council ; subse-
queotly rendered still more "perfect " by the 3 and
4 Wilda= IV., c. 41, which laid down the Judicial
Committee, the more fully to carry out our diocesan's
advice.

Those were, however, days when, ender the in-
flame, of Lord Gnat's warning voice, the bishops
IMO on, their good behaviour. Unhappily, they
were finaoseded by tractarian Sinn; and their first
object was to exal: and elevate the episcopacy. For
a while the object was successful; it was then that
the all importance of prelatical agency and of
apostolic suocession came into play. But this folly has
now likewise passed away; the trainarian leaden
now wonder, like Caliban, at the close of the
"Tempest," what it was they worshipped in the
bishops they once adored ; and treat them as " dull"
if not insincere. So flattering • d agree .ble was,
however, this delusion, that the episcopacy are still
under its influence; it has misled and still has bold
of even oar astute diocesan ; and taking the traeta-
rians at their word, from which they have long
receded, he now proposes to confer on the bishops all
the power which tea years ago was so di siderated by
the party. To which propuition Mr. KULL now
coolly replies that " 7ha bishops are by no moans
representatives of the general mind the church."
And, in truth, the rieht reverend Fathers in God
have oversee their masket.
Bishop BLOMPILLIitI bill is therefore a piece of
tracterianime. at which the tractarians themselves
now tarn up their oases.
But while to the tractirians matter of contempt, it
is to the law lords matter t,f offence. Fur it pur-
poses, for the first time since the Reformation, to
transfer the ciscision of contention from the learning
of lawyers to the subtleties of churchmen. True it
is we still have courts ecclesiastical ; but nevertheless
in all of such tribunals the judge. are !avulse. Bet
now, far the first time since the reign of HENRY VIM
--:now in the middle of .he nineteenth century—we
are to recede to the practice o! popery, and have a
coast composed of spiritual persons only—of appellate
bishops unacquainted even with the forms of the
court whose judgments they are to over-rule or affirm
~etchurehmen unlearned in legal knowledge, nose
colitamsd to foreman habits—ignorant even tit legal
terms.

The vury option is so monstrous as to reader the
realisation a canoe's.

Taff constitutional ti e:ries broached.° propos of the
law tar giving a legislature to the Australian col °.
411.9, are, se ner opiates, exceedingly erroneous;
wrung historically, wrong socially, wrong praden-
lidly. And the %. nine peoceeds, in troths heat oar
being altogether mistaken in the very principle and
axioms es which Englishmen, loaned or unlearned,
room &boot the coootitation. Awarding to ad, it