The Sun.
London, England, 1846-07-04 00:00:00

JULY 4, 1846.

THE BISHOP OF LONDON'S NEW
CHURCH DISCIPLINE BILL.
The following is a synopsis of the Bill introduced by
the Bishop of London—" For amending the laws for
the correction of clerks," which has excited so much
attention amongst the clergy. The preamble states that
the manner of proceeding in Ecclesiastical Courts for the
correction of clerks requires amendment, and repeals the
4th Vic., " Act for better enforcing church discipline,"
and the Ist Hen. VII., " Act for. bishops to punish
priests and other religious men for dishonest lives, and
it provides that all proceedings commenced before the
passing of this 'Act under the authority of the first-
recited Act shall be continued, and carried on to judg-
ment and execution, and all such proceedings and judg-
ments shall be as valid as if the first-recited Act had not
been repealed.
The Ist clause defines the terms "benefice," " bishops,'
and " diocese."
The 2d enacts that' any clerk in holy orders of the
Established Church, who shall be charged ivith any of-
fence against the ecclesiastical laws or concerning
whom there shall be any scandal or evil report, or who
may have demeaned himself in any manner unbe:.
coming a clergyman, the cognizance of the cause shall
belong to the bishop of the diocese in which he shall
hold any benefice ; and, in the case of a clerk holding
no benefice, to the bishop of-the diocese in which he'
shall reside ; and if he have no known place of resi-
dence in England or Ireland, to the archbishop of the
province in which the offence is alleged to have been
committed ; or, if the offence is alleged to have been
committed out of England and Ireland, to the Anh-
bishop of Canterbury ; in any case in which it shall ap-
pear to the bishop, &c., that the expense of the pro-
ceedings would be much lessened by causing them to be
instituted in another diocese in which the offence is
charged or reputed to have been committed, if he shall
think fit, he may make over the cognizance_of the cause
by letters of request to the bishop of such other diocese.
The 3rd enables the Bishop, if he should think proper,
before articles against a clergyman are filed, to cause a
preliminary inquiry to be made, and to admonish the
accused, who may consent to a pri gate inquiry taking
place. The Bishop, either personally or by commission,
to examine witnesses in the presence of the accused,
unless with his written consent. He may tender wit-
nesses for examination, and cross•examine such wit-
nesses as shall appear in support of the charge ; no
counsel, advocate, agent, proctor, or attorney, shall be
allowed to be present. If upon being required so to do,
the accused party shall thereupon, by some writing
under his hand, confess the truth of the charge, and con-
sent that the Bishop shall forthwith pronounce sentence
upon him, the Bishop may pronounce forthwith such
sentence, whiCh shall not exceed the sentence which
might be pronounced in due course of law.
The 4th requires that articles ,of accusation shall be
signed and approved of by an Advocate practising in
Doctors' Commons, and the party exhibiting such
articles to be bound with two sureties for the payment
of costs in the event of the charge failing, to be approved
of by the Registrar of the diocese in sums to be fixed by
the Bishop. Not to apply to articles exhibited by the
Bishop.
sth. Benefices may be sequestered to pay costs in the
event of conviction.
6th and 7th. Articles to be filed, and articles, notices,
and requisitions may be served personally, or left at re-
sidence of party accused.
Bth. The accused to appear when cited, either person-
ally or by agent, within fourteen days.
The 9th appoints a Diocesan Council, consisting of
the archdeacons and some of the beneficed clergy within
the diocese.
10th. Accused not appearing to be proceeded against
during absence.
12th. Questions of fact to be decided by a majority of
the court, and those of law by the Bishop, &c.
15th. Offences and punishments. The Bishops, &c.,
may punish, by admonition, by deprivation of, or sus-
pension from, any benefice, and by adjudging to be per-
manently disabled to hold any benefice or exercise any
spiritual function, or by deposition from the ministry,
any clerk in holy orders who shall be found guilty of
blasphemy, heresy, schism, or of lewdness, incontinency,
drunkenness, or other indecency of life or conversation,
or of simony, or who shall have been convicted of trea-
son or felony before any Temporal Court, or for any
other cause for which by law now in force he may be
deprived, or is declared to be disabled to hold any office
or benefice, and every cleric so deposed or adjudged to
be disabled shall be for ever disabled to hold any spiri-
tual office or benefice, or to exercise any spiritual func-
tion.
17th. Empowers the Bishop to inhibit the accused
from performing the services of the Church during the
investigation and until the decision of the appeal, if
appeal be claimed. The accused may nominate a fit
person to act, who, if approved of by the Bishop, to be
licensed. If no such appointment be made, the Bishop
to appoint and fix the stipend, not to exceed half the net
income of the benefice.
19th. Witnesses and production of papers racy be
compelled to attend by subpoena.
22d. Witnesses to be examined on oath.
23d. Appeal allowed to either party to the Court of
Appeal only on the ground that evidence material to the
issue of the cause has been wrongfully received or re-
jected, or that any judgment in order given to the cause
by the Bishop, &c., was not warranted by law, and on
either ground to move the Court of Appeal to order that
a new trial, or that the judgment or order complained
of be vacated and annulled.
24. Appeal shall be to the Queen in Council, and
shall be heard before the Judicial Committee of the
Privy Council, unless the articles shall charge heresy,
or the Bishop having cognisance of the cause shall be of
opinion, and shall certify under his hand to the Lord
Chancellor, that a 'question of heresy or false doctrine
arises from consideration of the cause, when the appeal
shall be to a commission of delegates, to be appointed
according to the laws in force in cases of heresy, before
the passing of the Act 2 and 3 William IV., intituled
" An Act for transferring the Powers of the iligh Court
of Delegates both in Ecclesiastical and Maritime Causes
to his Majesty in Council."
25. Bishops who are of the Privy Council are to be of
the Judicial Committee on appeals, and no such appeal
shall be heard before the Judicial Committee of the Privy
Council, unless, at least, one of such Bishops shall be
present at the hearing thtreof. The Bishop who shall
have heard any such case, either personally or other-
wise, shall not sit as a member of the Judicial Committee
on appeal in that case.
26. No appeal shall lie, without leave of the Bishop,
&c., presiding at the trial, from any interlocutory de
cree or order not having the force of a definitive sen-
tence, nor in any case unless the party prosecuting such
appeal shall become bound, with two sufficient sureties,
in such reasonable sum as the Bishop shall deem suffi-
cient for the security of the other party, that the appel-
lant will prosecute such appeal with effect, and pay all
costs incurred by such other party by reason of the
appeal which the appellant shall be adjudged by the
Court of Appeal to pay, in case he shall not succeed in
the matter of his appeal.
27. Empowers the Court of Appeal to order new
trial, when, where, and before such bishop as it shall
direct ; or to affirm, reverse, or annul the judgment or
' order • or to make other orders.
28. Sentence to take effect after the determination of
appeal.
29. Enacts that no criminal suit shall be instituted in
any ecclesiastical court except such al are constituted
by this act.
30. The act not to interfere with persons instituting
suits to establish civil rights.

AN ENGLISHMAN'S DEATH IN A
STRANGE LAND.
The following account of the death of Charles W.
Thompson is given in a letter from the American mis-
sionary, Mr. Ives, stationed in the Sandwich Islands.
It is dated Hum'lulu, March 14, and appears in a recent
number of the New Yerk commercial Advertiser:—
" We followed to the grave yesterday, Charles W.
Thompson, aged 29 years, foremast hand of the Panama,
Captain Crowell. He was the eldest son of Lieutenant
Colonel Thompson, who now resides in Nottingham,
England, and who served under Wellington in the
Peninsular war, and also at the battle of Waterloo.
"He received the name of Charles William Byron,
his mother being a second cousin of the poet; Lord
Byron; but he preferred to drop the name of Byron.
After graduating at Christ's College, Cambridge, he
was ordained over a parish of the Church of England.
Not being pleased with his situation there, and having.
conscientious scruples about the connexion of Church
and State, his relation with his parish was dissolved.
His father had then acquired land in the United States,
and Charles, with his wife, was proceeding thither on
business connected therewith, when the vessel, being
driven by a strong current, and surrounded for many
days ,with a thick fog, instead of reaching New York,
was wrecked on the shore of Halifax.
His wife, in consequence of exposure, was thrown
upon a bed of sickness, and about a month after expired.
In consequence of loss from this wreck he was obliged,
in order to prosecute his business, to return to England,
and on his reaching America the second time was
wrecked on Long Island. After forming acquaintances
in the family of Mr. Vanfleet, of Hyde-park, in Duchess
County, New York, he was again marred. Ills second
wife died in childbed, leaving him a little son, whom he
left at Hyde-park, with his grand-parents ; thence pro-
ceeding south, on business, the vessel was run aground
on the Jersey shore, which was the third time that this
unfortunate man had been wrecked, where he lost his
remaining all. Becoming now discouraged, he found
his way to Sag Harbour, where his name was enrolled as
a foremast hand fur a whaling voyage in the Pacific.
" Before sailing he became acquainted with some of
the principal families in the place, who endeavoured to
persuade him from his anticipated voyage, with the
promise, on the part of the Rev. Mr. Capis, of finding
him employment as tutor in their academy. Failing in
this, the ladies of the place presented a request to Cap-
tain Crowell that he would be particularly careful of
Thompson.
" Though he says he had not lifted a 50 pound weight
before in his life, lie was now ready at every call, and
by his prompt obedience ingratiated himself into the
favour of his master and officers, and by his meek and
obliging conduct into the good-will of all his companions.
Whenever a dispute arose among the hands, they inva,
riably.looked on bim to settle it. Yet he was not back-
R'o an reproving sin among them, when he saw an oc-
..