The Sun.
London, England, 1853-02-17 00:00:00

THE UPPER HOUSE.

In the Upper House there were present the Archbishop
of Canterbury and the Bishops of London, Winchester,
Oxford, Exeter, Salisbury, Lla,nd.aff, Worcester, Chiches-
ter, and Peterborough.
After some preliminaries,
The Bishop of London stated that at the last meeting of
Convocation a commitee was appointed to consider a ques-
tion relative to a measure for the better correction of
clerks. The committee had drawn up a report, which was
to the following effect
The committee appointed by Convocation to consider
of an address to her Majesty, as to a measure for the better
enforcing of discipline among the clergy, report—
" That they have had various meetings, and, in obe-
dience to the commands of the house, have taken into
their serious consideration the matter referred to them.
" That they are unanimously of opinion that the pre-
sent state of the law touching the discipline of the clergy
is unsatisfactory, and that it needs amendment.
" That the great expenses and delays attending such
proceedings, which amount frequently to a denial of jus-
tice, have not been removed by the recent acts upon this

subject.
" That the provisions of the last act, which govern the
present administration of the law, are inadequate for their
PurPosen--7,7_, ri risTA
That thei-prAiminary—inquiry under the act savours
too much of an actual trial, without its safeguards or con-
clusion, whilst it has been doubted whether those provi-
sions which were intended to govern the actual trial could
safely be used for its conduct.
" That the 'present provision for hearing and deciding
final appeals is not such as to give general satisfaction.
" That it is highly important that those evils should be

corrected. •
" That, in the judgment of the committee, it is desirable
that all causes against clerks, involving questions of heresy
or false doctrine, blasphemy or schism, should be heard as
they might have been before the passing of the act 2d and
3d William IV., c. 92, saving as regards the composition
of the court of final appeal.
" That the Court of Arches should be empowered to re-
ceive viva voce evidence, and to hear and examine wit-
nesses.
" That provision should be made for the bishop to hear
certain cases in private, if he shall think fit, and the ac-
cused party shall consent, and to pronounce sentence
thereon.
" That the machinery for conducting the preliminary in-
quiry
by commission should be made less cumbrous.
"That provision should be made for the trial of clergy-
men before the bishop, or his official or commissary, as-
sisted by a council of not less than four members, who
shall decide all questions of fact ; the said persons not to
be named by the bishop himself, but taken by lot, or other-
wise as shall seem most expedient, either from the canons
residentiary, non-residentiary, and honorary, and the
rural deans of the diocese, or from a panel of beneficed
clergymen elected in every archdeaconry for this purpose.
" That the greatest difficulty besets the due adjustment
of the course of final appeals.
" That it appears to your committee of the greatest mo-
ment, whilst we maintain the just supremacy of the
Crown, as the ultimate source of justice and redress to
every subject complaining of wrong, whether in matters
ecclesiastical or civil, to combine therewith security, that
ecclesiastical questions shall be decided by persons quali-
fied by office and acquaintance with law ecclesiastical to

decide thereon.
" That it appears to your committee that the acknow-
ledged difficulties which attach to this subject have been
much increased by recent legislation, which almost acci-
dentally transferred the hearing of those causes from the
Queen in Chancery to the Queen in Council.
" They would suggest the expediency of considering
whether the best solution of this question would not be to
restore this jurisdiction to the Queen in Chancery, and to
enable her Majesty, when any appeal shall be presented
from the court of the province in matters ecclesiastical,
in which any clerk in holy orders shall be a party, ex-
cept in causes matrimonial or testamentary, to remit the
cause for re-hearing in the court of the archbishop,
providing that there shall sit, under the authority of the
Great Seal, with the judge of that court, other ecclesi-
astical and common-law judges to hear and decide finally in

the cause.
" Finally your committee report that they have felt it
their duty to lay these conclusions before the Convocation
as what would form the fitting heads of an address to her
Majesty, should one now be resolved upon by the Convoca-
tion ; but they, beg further to report their own conviction
that no such address should be adopted without a full and
patient examination of the'-whole subject : and they would
therefore respectfully' suggest to the Convocation their
opinion that their report should be laid upon the table as
matter for future consideration rather than for immediate
action. "C. J. LONDON, Chairman.
" Feb. 11, 1853."
The Archbishop of CANTERBURY ordered the Lower
House to be summoned to receive this report.
The Prolocutor attended accordingly accompanied by the
Dean of Norwich, the Archdeacon of Maidstone, the Arch-
deacon of Winchester, Dr. Spry, and Canon Wordsworth,
and the report having been presented to the prolocutor, the

deputation retired.
A petition was then read from the Bishops of New-
foundland, Quebec, Antigna, and Cape Town, praying
the Archbishop to appoint a committee of the Upper
House (saving their own rights) to consult with them
touching the interests of the colonial branch of the English

Church.
A memorial was also presented from the Bishops of
Quebec, Antigua, and Newfoundland, praying to have their
right allowed to sit in the Upper House of Convocation.
The Archbishop of CANTERBURY said that at the last
meeting of Convocation, a petition had been read from the
Bishop of Cape Town, which he bad referred to his vicar-
general, who would now give his opinion upon the subject.
Dr. TRAVERS Twiss, having first read the petition of
the Bishop of Cape Town, presented at the last session by
the Bishop of Oxford, then read a lengthened opinion
against the right of the colonial bishops to sit, concluding
with the following sentence :
"Upon the most careful consideration which I have
been able to bestow upon the facts above submitted
to
your grace's attention, I beg leave to report to your grace
that the see and diocese of Cape Town are not within and
of the province of Canterbury, so as to found any autho-
rity in your grace to direct the Lord Bishop of Cape Town
to be cited to appear at the Convocation of the prelates
and clergy of the province of Canterbury now assembled,
pursuant to her Majesty's writ ; and that, as the exercise
of your grace's authority as primate and metropolitan, in
assembling the said Convocation, is strictly controlled by
statute of the realm, your grace may not lawfully accede
to the prayer of the petition of pleasedi Lord Bishop of
Cape Town, 'that you will be pto direct a proper
citation to be forthwith issued to him, or that he may be
allowed without such citation to take his rightful place as
a suffragan bishop in the present Convocation."
The Archbishop of CANTERBURY said that in conse-
quence of this opinion, he decided against the right of the
Bishop of Cape Town to sit.
The Bishop of SALISBURY begged to ask the most rev.
president in what manner the learned and elaborate report
of the vicar-general came before that house. He under.
stood that the manner in which the matter stood before
them, was that the petition had been addressed not per-
sonally to his grace, but to the Upper House of Convoca-
tion, which body he considered was to judge entirely whe-
ther the Bishop of Cape Town's claim was well founded.
• The Bishop of LONDON said an opinion had been given
that the Bishop of Cape Town was pot entitled to sit. It
rested with the Archbishop to carry out the Queen's man-
date, and if that duty was neglected the Bishop of Cape
Town had his remedy elsewhere.
The Bishop of OXFORD thought the law of the case was
entirely different, and that it rested entirely with the
Upper House to discuss and decide upon the matter. a
it rested entirely with the Archbishop, any suffragan
might be excluded by his citation being withheld, and he
would be unable to obtain his rights without having re-
course to most annoying litigation.
The Bishop of WINCHESTER thought the Bishop of Cape
Town had appealed to Convocation too early. He ought
to have gone first to another court, where his case could
have been legally settled. He ought to have applied to
the Colirt of Queen's Bench for a mandamus to show why
he had not been cited.
The Bishop of OXFORD said an application to that effect
had been made to the Court of Queen's Bench, who re-
fused to entertain it, upon the ground that the Bishop of
Cape Town had not been refused his seat in Convocation,
and that he had not done all he could to'obtain his just
rights. The bishop had, therefore, no other course but to
persist in his appeal to the Upper House, which was the
judge of its own privileges.
The ARCHBISHOP had always understood that it was a
case which belonged to the president, and that it was one
on which he was called, upon to give an official opinion.
He had referred the matter to the Vicar-General, and he
held that the opinion which he had given was binding,
having been officially given by the president.
The Bishop of SALISBURY inquired whether the Arch-
bishop considered that a judicial sentence.
The ARCHBISHOP replied that incidentally it might be
so considered.
w
their
seemed
ey* The
The Bishop of EXETER remarked that in a matter so new
it was not surprising that they should not very clearly see
tbe granted,e
Archbishopurteatshoenable considered that he had a right
ed but b
to adjudge that the Bishop of Cape Town's prayer should
n
that petitionwthase ttoipthe r Uppernouse
should House,
ando it m
have the power of deciding upon it. If the Archbishop's
claim to deci •
de judicially upon the subject
were: well
founded, the Bishop of Cape Town must seek redress by an
appeal to the Queen •in Council; and. not by a mandamus
from the Court of Queen's Bench ; or he might proceed in
the Court of Queen's Bench against the dean of the pro-
vince (the Bishop of London) for not having cited him. He
was disposed to think that the wisest course to pursue was