The Sun.
London, England, 1849-12-12 00:00:00

what more active, and I.lst week's quotltions aro well
supported in every instanu.

177EXTEMUZIPEL.
Oar market was very steady to-day; in some in-
stances this quottions had an upward tendency. Beef,
from 2s 4d to 33 8d ; Mutton, 23 10d to 33 101;
3,4 d to 3s 10d; and Pork, 23 8d to 4s per
Sibs. by the carca3c.

LAW INTELLIGENCE.

JUDICIAL COMMITTEE OF THE
PRIVY COII.NCIL.-(THIS DAY.)

GORHAM V. THE BISHOP OF EXETER.
The further hearing of this important case was resumed
this morning.
As on the preceding day, the Court was constituted
by the Archbishop of Canterbury, the Archbishop of
York, the Bishop of London, the Marquis of Lansdowne,
Lord Langdale (the Meeter of the 11 ,Ils), Lord Camp
bell, Dr. Lushington, Mr. Belton Parke, the Vice-Chan-
cellor Knight Bruce, Mr. Pemberton Leigh, and Sir
Edward Ryan.
Mr. Turner, Q.C., of the Chancery-bar, and Dr. Bay-
ford, the Learned Civilian of Doctors -commons, again
appeared as counsel for the Reverend Mr. Gor ham, the
appellant; and the Bishop of Exeter, the respondent,
was represented by Dr. Addams and Mr. Baddeley.
Mr. TURNER resumed his argument immediately on
the Court having re-assembled. He proceeded to refer
to the opinions of Martyr and Buccr, Professors in the
University of Cambridge, quoted by the Judge in giving
sentence on this case in the Ecclesiastical Court, with
the view of showing that they thought faith and repent-
ance were necessary to ensure the benefits of bap-
tism, The Learned Counsel also read extracts
from Bullinger's Decades, in order to show that he
was of opinion that faith and the Holy Ghost, and
not the sacraments, conferred the benefit of regeneration.
The time was then when the Church of England herself
held the doctrine laid down by Bullinger, namely, that
faith and repentance were essentially necessary to the
reception of regeneration, and if that was the opinion of
the Church in those times, he (Mr. Turner) ventured to
submit to their Lordships the consideration whether, in
the altered views of modern times, and bearing in mind
that the Church in her early days held that faith and re.
Pentane° were undoubtedly held as necessary to procure
spiritual regeneration, a clergyman was nom to be held
Incapable of holding a position in the Church by reason
of hie entertaining doctrines which the Church in her
early days enforced on its ministers? He would then
proceed to refer to the services of the Church of Eng-
land, and he entered upon that consideration with some
feeling of pain. The first point was to con-
shier the " principle on which those services
were to be construed. They were devotional
services addressed to all the members of the Church—to
all classes, as well those who were faithful and devout,
all those who were merely professing Christians. Let
their Lordships consider how a service of that descrip-
tion, which was to be applied, not'merely by professing
Christians, but by the truly faithful and devout Chris-
tians, must be constructed. It must be constructed on
the very highest standard; a service which was addressed
Merely to a professing member of the Church would
never excite the devotional feelings of a man who acted
Ott principles not merely of profession. Nobody bad
denied, and nobody ever could deny, that spiritual re-
Discretion might be given in baptism. He would ask
their Lordships whether they did not find in the ser-
vice for public baptism a thanksgiving for regenera-
tion actually given ? Among the members of the
Church to whom that service was addressed were those
Who most undoubtedly, having an unfeigned trust in the
Mercies of Almighty Good, would believe that spiritual
regeneration was given in baptism. If there were some
°lneog a congregation whose feelings and principles led
them to maintain that spiritual regeneration was actu-
ally given in baptism, it was not surprising that lan.
go age of thanksgiving should be found for that gift of
naptism. Their feelings would be offended if any doubt
Were entertained whether spiritual regeneration was
given or not given in baptism. He (Mr. Turner) said
tt followed as a reasonable, and an almost necessary
. consequence, that they should find in the baptismal ser
vise of the Church of England a thanksgiving for the
spiritual regeneration bring actually given in or by the
tof baptism. The true distinction was, that the ser-
vicesf. of the Church of England were addressed to the
:clings of the people and not to their doctrines. The
leeatned Counsel then proceeded to read various expres-
sions used in the offices of the Book of Common Prayer
for private and adult baptism, and for confirmation, and
M the catechism, with the view of showing that in those
services absolute expressions of regeneration were em-
ployed. Vas the spiritual regeneration so said to be
Risen, given by God in, or at, or before,
or after baptism I Who should determine ? The
question was, what was the meaning of the
absolute words of regeneration, which were contained
in the services of the Church of England ? Tho mean-
ing of these words must, of course, be taken in connec-
tion with the services, and wish the congregation to
Whom those services wore addressed. It was not, there•
fore, a mere verbal question. Let their Lordships con-
sider the nature of the services iu which those words
were used. The very nature of the sacrament of bap-
tism was figurative. -It was the representation and seal
of the blessings of the new covenant of God. Let their
Lordships look, too, at the promises which were con.
tssined in those services. Were they not of a figurative
character ? They were so, undoubtedly, in the sense
that they were promises made by others for a being in-
capable at the time of making any promises for itself.
Let them look also at the language of the prayer for the
sanctification and the consecration of the child. It was
for the mystical washing away of sin. Their Lordships,
therefore, had, down to the period of the service when
the thanksgiving was introduced, figurative representa-
tions. If the service itself was figurative might
not their Lordships well believe that the words which
Were introduced of positive declaration of regeneration
Were figurative and sacramental too ? Again, the sacra-
reent of baptism itself was scriptural in the highest
Possible sense—was it not natural that scriptural
'4lll:nage should be used in that sacrament? He thought,
Without troubling their Lordships by going into pas-
sages of Scripture, they would find frequent references
to
a covenant as perfected, and that covenant was taken
and spoken of as fulfilled. Those observations occurred
t 0
him on the frame of the services. Let their Lprd-
shir.., now see whether they could fairly construe the
Words of baptism in connexion with the Articles of the
Church without finding contradiction. The assertions
to the baptismal service were that the child was regene-
itted; the applied to every child. The Articles, on
"0 other hay nd, said that the sacraments were effectual
In those who received them worthily. The service for
!dolt biptism was equally clear and equally positive in
Its terms as to regeneration. It was undisputed—it
could not be disputed—that no spiritual regeneration
could be conferred in the case of a parent unless there
Were faith and repentance. Were their Lordships to
re one construction to the words which were contained
found in the other? Were they to say that the words
Wereease;
founded on a hypothetical assumption in the one
had
and that they were positive and absolute in another?
',Lod Almighty may grant regeneration either before, at
manbucime, or after the saorament of baptism. What hu-
, being should presume to judge on such an occasion
,w,e,en the regeneration was granted ? Let their Lord-
',"'As again consider the baptismal service with refe-
'clic° to the sponsorial promises. The whole of it was
connected with those promises. Might it not be that
athe performance of those promises was the con-
'lion on which the blessing was given ? Let
!heir Lordships take, for example, the words " this
is my belly," used in the Communion Service. Their
Lordships could not construe those words literally
Without falling into the error of transubstantiation.
The Learned Counsel then read a paragraph from the
Works of Archbishop Cranmer, in which he said that
that the body of Christ was on the earth in the
laerament, "as the Holy Ghost was in the water of
baptism." By the sponsorial service (Mr. Turner
continued) baptism followed the promises, and pro-
ceeded upon them. The Church of England
required those promises of belief from its sponsors, as
I,he condition on which it granted the baptism. Could
" be that the Church required the promise, but disre-
garded the fulfilment of that promise If that were
thse., must not the blessing be conditit nal upon the
the condition of the grant ? And then the sureties only
gave the promises until the child came of age to teke
.uem upon himelf Supposing the surety declined to do
'l°) was it to be held that the baptismal ble,sing had been
conferred? It might be said that the bles :leg had been
conferredttuli but had been lost by repudiation. Was not
t strong to show that the grant of the promise was
c
onditional on the performance of that promise? On
the whole of the baptismal service was not the true
meaning this, that the language of Scripture being
he
that believeth and his baptised shall be
'ived, but he that believeth not shall be
damned," connecting the beneficial baptism with
;"., belief, and that Scripture having applied and
'aid down that connexion as to adults, the Church had
ado
P.ed as far as it could the scriptural doctrine, and
a_PPlied it to infants? It might mean that by the charit-
able assumption of the Church of England spiritual re-
geueeeration was given at baptism. Man had been
therit°lls enough to inquire into and discuss
matter, and that inquiry had not re-
d very satisfactorily. It had involved,
9did involve, the Church of England in
discussion by the attempt of human ingenuity to fathom
7sileighty wisdom. The Learned Counsel then read that
I,7tion of the burial service of the Church of England
called upon its ministers to say over the dead
that the departed is committed to the dust " in sure and
~
Zirtain hope of the resurrection to eternal life, through
our Lord Jesus Christ." What was the construction to he
Put upon these words? Did they not proceed on the
charitable assumption that the man had left the
IQ_ world in peace towards God and in charity towards all
'',ll The Church of England assumed the language of
pounded confidence in the mercy of the Almighty.
It expressed in the passage he had read its hope that
erserYhody who had left the world had left it to enjoy
*nal felicity. Could that be on any other assumption
thanfo... that of charity ? And if, therefore, their Lordships
0,449 in one service of the Church the expression of
ausi_ritable hope that the dead departed this world is the
could they
certain hope of resurrection to eternal life,
'ituu they wonder iu another service, whets the Church
expresseduse herself as to the effect of baptism, that she
v terms equally charitable in speaking of regenera-
tion? He
oiitstislehisone believed he had now concluded the
orations he had to make in this case
single exception. He thought it
duty to call their LordehipS' consideration to
thqo uestion of what was the Extent of the right of a
vf`,,l°,lto examine in cases Of this description. This
e 4 question of vast importance, not merely to the