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

THE UPPER HOUSE.

In tho Upper House there were present the Archbishop
of Canterbury and the Bishops of London, Winchester,
Oxford, Exeter, Salisbury, Llandaff, Worcester, Chiches-
ter, and Peterborough.
After some preliminaries,
The Bishop of London stated that at the last meeting of
Convocation a commitce 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 ttpon this

subject. .
" That the provisions of the last act, which govern the
*sent administration of-the law, are inadequate for their
purpose.
" That the preliminary 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 nal 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 cumbious.
" 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 ye-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 respectfullyj suggest' to' the Convocation their
opinion that their report should be laid upon the table as
.4natterfor future consideration rather than for immediate,
action. - C.-.1.,:-LaNnozir, Chmiaainam...-
"Feb. 11, 1853."
Tho 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 road from the Bishops of New-
foundland, Quebec, Antigua, 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 had 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 the said Lord Bishop of
Cape Town, 'that you will be pleased to 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."
Tho 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 not 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. If
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 hav
heoeu gone
ga
another
He
ought to
his case
appli coed ul
to
d
have
to havethe Court of Queen's Bench for a mandamus to show why
he had not been cited.
ie first
nto
settled.
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
and that he had not done all he could to obtain his just
Cape Town had not been refused his seat in Convocation,
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 ho was called upon to give an official opinion.
He had referred the matter to the Vicar-General, and ho
held that the opinion which he had given was binding,
having been officially given by the president.
Tho Bishop of SALISBURY inquired whether the Arch-
bishop considered that a judicial sentence.
Tho ARCHBISHOP replied that incidentally it might be
so considered.
Tho Bishop of EXETER remarked that in a matter so new
theirntootadbj wue
adg
granted,
uTt that the
?h
buteßishoptbeArchbishop c
petition
o fos
c iadpe
Cape
considered
was
T to
otwhtuah, tee hetr prayerphp lr '
Ha right
shouldo i
ugsl t,
it was not surprising that they should not very clearly see
and it seemed but reasonable that the Upper House should
have the power of deciding upon it. If the Archbishop's
claim to decide
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 ho 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. Ho
was disposed to think that the wisest' course to pursue was

0,0

r

✓_

[PRICE SD.

) course of proceeding, and that they should take the de-
corous modo of action suggested by Dr. Wordsworth.
Archdeacon DENISON said his proposition was merely to
appoint a committee to draw up a representation to be pre-
sented to the other house, inviting it to concur in the ap-
pointment of a joint committee.
Chancellor MARTIN, considering that they had applied
to his Grace the Primate, and that his grace had answered
that he was about to " take counsel upon the subject," he
thought it would be premature and hardly courteous to
step forward in tho interim, before they know what that
counsel was, in the manner pointed out by Dr. Words-
worth. He would move as an amendment, therefore, that
the application to his Grace the Primate be respectfully
rereated.
The Rev. HATwARD Cox seconded the amendment of
Chancellor Martin, on the ground that many members of
Convocation who voted for the appointment of the com-
mittee had done so upon the express understanding that
the committee would not be allowed to sit without the
previous consent of the Archbishop.
The Rev. Mr. RANDOLPH agreed with Mr. Denison's
view of the case, but it had nothing to do with Dr. Words-
worth motion ; and ho thought they should now consider
if they had not taken a false stop, and whether they could
not retrace it.

Archdeacon HARRISON-If they had already put the pre
sident in a false position, he conceived it would be doubliN

the offence to pr;ss his grace' for an answer. It appeared
to him that their best course was to take no step in the
matter until they had received an answer ; but if none
came, then they might consider that his grace felt that he
could not express an opinion, and that he left them to take
their own course.
Dr. RussELL--If the Archbishop had stated thathe would
" take counsel," of course he would send them an answer.
To anticipate that answer ought to be no part of the duty
-of Convocation.

The Dean of BRISTOL opposed the motion of Canon
Wordsworth.

The PRoLocuTOß—Unquestionably it was true that, by
he proceedings which had taken place, they had in some
respects compromised the rights of this house, in& also
compromised the archbishop himself, by placing him in a
false position ; still he was of opinion that it would not be
desirable to proceed with the meetings of the committee.
It was of the utmost importance that they should stand
well with the Archbishop and the other house, and that
they should take no steps which would appear in the
slightest degree to be wanting in the most entire respect to
his grace and the Upper House. It would not be expedient,
therefore, to urge the assembling of the committee without
the sanction of his grace. He thought, however, that, for
the purpose of repairing the mischief, there could be no ob-
jection to a declaration on the part of this house of their
opinion with respect to the law on this particular question;
and whilst they were prepared, if necessary, to abandon
the committee appointed in November, and not to require
it to meet, that there was no reason why they should not
appoint another Committee to consider the subject, and
which committee might assemble and deliberate without
applying to the Archbishop and the Upper House.
Dr. WCAuL—Many gentlemen present were of opinion
that it would be better to wait for the answer of the Pri-
mate, especially as they did not repent what they had done,
or conceive they had taken a false step. They accepted
membership on the committee conditionally. One gentle-
man said that, as a good subject, and also as a true son of
the Church, he would require to know whether sitting on
the committee was a legal act—if they could do it without
the consent of the Crown or the sanction of the Archbishop.
Now he (Dr. M'Cattl) felt that, were the Archbishop to ex-
press an opinion to the contrary, he for one could not act
on that or any other committee they might choose to ap-
point. Many gentlemen remained with their opinions un-
changed as to the inexpediency of Convocation acting at all;
and therefore to hurry on anything of the kind would be
most unwise. They adhered to the original terms upon
which they accepted membership on the committee, and
they thought that even on the part of those who desired to
see Convocation in full operation, it would be unwise to
commence their proceedings be coming into collision with
the Primate. On every ground, then, it would be better
to wait ; and he concurred in the suggestion that both re-
solution and amendment should be withdrawn.

Archdeacon SI/imam, as a member of the committee of
gravamina, said when that committee was appointed, he
felt extreme repugnance to entering on the many and deli-
cate questions which were included in the schedule of grava-
inina referred to it ; another repugnance had been greatly
increased by a further examination of the schedule, and by
inquiry and reflection on the subject. He still considered
himself bound, if the Archbishop gave his concurrence to
the meetings of the committee, to serve upon it ; but in
case his grace saw fit to withhold his sanction and concur-
rence, he must consider himself relieved from the obliga-
tion. (Hear.) . _ _

The Rev. Mr. SEYMOUR acquiesced in tho suggestion of
she Prolocutor, that a committee should be appointed to

consider the laW affecting the appointment of Committees

of the Lower House.

Dr. WORDSWORTH—But even to the appointment of such
a committee as that, they must, to be consistent, ask the
sanction of the Archbishop.
Chancellor MARTIN then moved an amendment to the
effect, that a committee be appointed to search for prece-
dents on the subject of the sittings of committees of this
house, without previous references to his Grace the Presi-
dent and the Upper House of Convocation.
Dr. SPRY said it would be a most extraordinary proceed-
ing to appoint a committee to inquire whether they had a
right to appoint a committee. (Hear, hear.)
Chancellor MARTIN—Then he would suggest that the
Prolocutor be requested, with the assistance of any mem-
bers of the house he might choose, during the approaching
recess, to search for precedents on the subject of the sit-
tings id-committees.
Archdo-gc-Oif HATA{ would be sorry to see any decision
como to at the present meeting as to whether khe commit-
tee of gravamina should or should not meet in the in-
terval of their sessions. If it were the fact that, so long
as Convocation existed, whether it were sitting iu formal
session or not, from month to month or from year to year,
there was a power in its committees to sit and deliberate
and prepare matters against the period their formal session
came round, he owned it would be a very formidable
truth ; and the strongest argument in confirmation
of the Prolocutor's opinion, that the committee of grava-
mina might sit in the interval of their sessions, was that
the joint committee of both houses had sat in the last re-
cess, and he must say he could not see any difference as to
the powers of a committee of this house—whether it was
a joint committee or a committee of each house separately.
If one had power to sit between sessions, surely the other
had equal power to do so. This being conceded, he would
leave things exactly where they were, and do nothing fur-
ther to entangle the question. Ho concurred in the pro-
position that a committee should be appointed to ascertain
whether a committee of gravamina, as well as other com-
mittees, had the power of meeting in the interval of the
sessions of Convocation. . _

The Rev. Mr. BROWN then proceeded to address the
house; but was cut short in tho midst of his speech by the
entrance of the Apparitor-general, who summoned the Pro-
locutor to the Upper House.
On his return,
The PROLOCUTOR said, ho had been to the Upper House
and received the orders of the Archbishop immediately to
prorogue the Convocation until the 18th of August next.
Under other circumstances, perhaps, it would have been
competent in him (the Prolocutor) to allow the sitting to
continue until the business before the house was concluded,
but the intimation received from his grace being that the
prorogation was to be " immediate," he felt it to be his
duty at once to declare that they stood prorogued to the
18th of August next.
The Assembly then broke up.

LETTERS FOR PORT PHILIP.—The Post-office autho
rities advertised Yesterday that ship letter-bags will be
made up on the 26th instant for Port Philip, to be des-
patched by the screw steamer Hellespont.
A MODEL COCK FIGHT.—Mr. Leonard, an engineer
on one of the Lake steamers, was a whole team for a
cock fight. He kept a well-trained rooster, and fought
him in every port between Buffalo and Chicago. Hear-
ing of a crack bird of the pit at Windsor, over went
John, with a half dozen friends, to see and rejoice with
him over the anticipated sudden demise of John Crapau's
celebrated game stock ; the birds were let loose, and at
the first blow of the little Frenchman's bantam, John's
bird was numbered with the things that had been—he
was dead. Greatly mortified and astonished was John ;
he left the field crest fallen, amid the laughter of his
compeers. " Egad," said the engineer, " I'll try him
again." On his first trip to Buffalo, John bought
a full-grown eagle, cut his feathers into shape,
twisted up his tail rooster fashion, fastened a
cock's comb on his crown, and otherwise meta-
morphosed him into a game-cock ; brought him up to
the city, again rallied his friends, put his bird into a
bag, and over he went for another fight. Parlez
vouz brought out his bird again, certain of success, and
placed him ready for action. The engineer took his out
of the bag—they slowly approached each other—the
bantam stooping and picking, as he advanced to the
assault, while the engineer's walked boldly on, with his
head erect, beak open, and an eye of fire that never
blanched in the mid-day sun ; the bird of Jove seized
the gallant bantam, and, with beak and claws, tore him
to pieces, and eat him up, to the utter astonishment of
the crowd. The little Frenchman danced all sorts of
figures, and cried out—"So,cre vent-re bleu, me nevaire
see one roostaire like dat ; he eat him up mon bon
chicken. Vat one crooked nose your sacre dam Yankee
roostaire's got ; I fight no more wid de Yankee
' roostaire." Ever since that, John has considered the
Santa Anna of the cock-pit in the West.—Peabody'B
Chronicle.
MEMOIRS OF THE COURT AND CABINETS OF GEORGE
THE THIRD.—From Original Family Documents. By
the Duke of Buckingham and Chandos. 2 vols. We
seize the earliest opportunity (says the Morning Herald)
of directing the attention of our readers to this very
remarkable and valuable publication. The Duke of
Buckingham has himself undertaken the task of forming
a history from the papers of his grandfather and great
uncle, the Earl Temple (first Marquis of Buckingham),
and Lord Grenville, of the days ofetevhieenng with
stescoo occurred
r rll V7e mBd 2 Pitt,
oe.-itedinndgiwngithovleBroao. In
an intetrhvaatlincotemrvmael nwhich
can never lose their interest as incidents in the history
of England. The coalition Ministry and its dismissal
to
olvthees
aegfftsaoirninotfn thenifi dee_iscatrhdeed great constitutional
the King—the resistance of the Sovereign and Pitt
Ministers
to
force them-
selvesques-
tion of the Regency which arose upon the Kini-r
's disas-
trous malady—the contest uponthat question between
the heir apparent and the Ministers of the Crown—the
breaking out of the French revolution, and the conse-
quent entrance of England upon the European war—
these, with the union with Ireland, are political move-
ments every detail of which possesses the deepest inte-
rest. In these volumes, details, then guarded with the
most anxious care from all eyes but those of the pri-
vileged few, are now for the first time given to the pub-
lic. The most secret history of many of the transactions
is laid bare. The Duke of Buckingham's connecting
narrative is written both with-judgment and vigour.