The Sun.
London, England, 1861-11-04 00:00:00

ROYAL ENGLISH OPERA,
COVENT GARDEN.
Under the management of 1111s1 Louisa Pyna and Mr. Wm.

Harrison, Sole Lessees.

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THIS EVENING. THE MARRIAGE OF GEORGETTE.
Miss Thirlwall and Mr. A. Corti.
After which, at Eight o'clock, RUY BLAS. Miss Louisa
Pyne, Mesdames Susan Pyne, Thiriwall, Jessie M•Lean
Messrs. Santley, A. St. Albyn, Patey, and W. Harrison.
Conductor, Mr. ALFRED MELLON.
Commence at Seven o'clock

The Box-office open from Ten to Five daily. No charge for
booking, or fees to Box-keepers.
staze_mansger, Mr. Leigh Murray. Acting-Manager, Mr.
Edward Murray.

ROYA, LYCEUM THEATRE,
Manager--Mr. Edmund Falconer.

T HIS EVENING, will be performed the new and success-
ful comedy of WOMAN; or, Love against the World.
(As racters by Messrs. Walter Lacy, Addison, Herman Veen,
Bruton, Mrs. Bowers, Miss Murray, Ind Miss Lydia Thomp-
son.
Alter which, MY AUNT'S HUSBAND.

- • - ---•—•
Prices as usual. Doors open at half-past 8, to commence at
7 Box-office open daily from 11 till 5.

I/ YA I. PRINCES S'S THEATRE.-
Lessee and Manager, Mr. A. Harris.
THIS EVENING. JEANETTE'S WEDDING. Miss M.
Harris and Mr. H. Widdicomb.
After which, at Eight o'clock, Shakespeire's tragedy of
OTHELLO, with new scenery, dresses, and appointments.
Othello, Mr Fechter.

TREATRkt.ROYAL, HAYMARKET,
Lessee, Mr. J. B. Buokatone.
TTTTF: EVENTING. the perforrafflioeB will commence with
RIC ITELIEU. Richelieu, Mr. Edwin Booth ; Julie, Mrs.
Charles Young.
Followed by LEND ME FIVE SHILLINGS.
And THE HAPPIEST DAY OF MY LIFE.
Commence at 7.

EW THRATRE-R0 VAL, ADELPHI.—
Sole Proprietor and Manager, Mr. B. Webster.
Last Five Nights of "The Colleen Bawn."
THIS EVENING, MUSIC HATFI CHARMS. Messrs.
D. Fisher, Romer, Warde, Misses K. Kelly and Laidlaw.
Alter which (268th time), VIE COLLEEN BAWN. Mr.
13oucicault, D. Fisher. Billington, S. Emery, Stephenson,
c. J. Smith, Romer. Howard. Ward ; Mrs. Boucicault, Miss
Wl;olgar, Mrs. Billington, and Mrs. H. Lewis.
'l'oconclude with LOVE AND HUNGER. Messrs. Fisher,
Nmery, C. J. Smith, Mrs. H. Marston, and Miss K. Kelly.
On Saturday, Nov. 9, an entirely new and original Drama,
fn 5 acts jplayed in three acts), entitled THE OCTOROON ;
or, LIFE IN LOUISIANA ; written by the author of "The
Colleen Bawn," and in which Mr. and Mrs. D. Bouoicault will
appear. New scenery, new dresses, Svc.
Doors onen at half-past 6—Commence at 7.
Box-office open from 10 tills, No charge for booking.

C INTERBURY HALL CONCERTS
AND FINE ARTS GALLERY.

Great success of lir. SAM COWELL'S New Song, "THE
HOUSE THAT JACK BUILT," which will be repeated
every evening,

Grand Selections from
STRADELLA, LA TRAVIATA, and DINORAH

By Miss Russell, Miss Ernst, Mr. Herbert, and Signor Tivoli,
with a powerful Chorus.

Solos on the Cornet-a-piston by the renowned performer
Mr. LEVY.

The Comic department comprises Mr. Sam Cowell, Mr.
Marshall, Messrs. Harvey and French (the Nerves), and
Miss Harriet Coveney
Musical Director, Mr. Jonghm ans.
Admission—Hall, Bd. ; Stalls and Balcony, Is.

TH E OXF ORD,
6, OXFORD-STREET.

EVERT EVENING.

Amber's New Comic Opera, " LA CIRCASSIENNE," and
Verdi's new Grand opera, " Simonßoccanegra," by the entire
Company. Bane's new ballads by Miss Russell and Madame
Enderssohn (composed expressly for them). Mr. Levy's
Solos on the Cornet-a-piston, and varied Comic Entertain-
ments by Miss Harriet Coveney, Messrs. W. Randal:, Harvey
and French (The Nerves), E. Marshall, and SAM COWELL.
Hall. 6d. ; Balcony and Stalls, is ; Private Boxes, 10s. 6d.

HIGH WATER AT LONDON BRIDGE.
This DAY.—Morning, 2h. 28m.—Afternoon, 2h. 52m.
To-MORROW. -Morning, 3h. 14m.—Afternoon, 3h. 38m.

iTHE WEATHER.—Sux OF/ICE, NOYMMBER 3, 1861,
THERMOMETER, IN THE SHADE.
44—kighest since noon yesterday.
32—lowest this morning and during the night.
41—this day at noon.

BAnomaTzn-29.80.
Winn—Northerly; moderate, with fine, clear, frosty
weather.

Nov. 4.
THZEMONETER, IN THE SHADE.
42—highest since noon yesterday.
29—lowest this morning and during the night.
44—this day at noon.

BARomenß-30.02.
Wnvu—South -Westerly; light, with dull, muggy
weather and slight rain.

LONDON, MONDAY, NOV. 4, 1861.

Another Ecclesiastical case of great public im-
portance has just been decided by Dr. LUSHINGTON
in the Court of Arches. In this case the importance
is, however, chiefly due to the principles laid down
by the learned judge as the basis of his judgment.
In the celebrated GORHAM cue, Mr. GORTIA3I was
the representative of a very large section of the
Established clergy ; had the decision gone against
him, we must, if Evangelical clergymen as a body
are honest men, have had a secession larger than
that on St. Bartholomew's day, whose bicentenary
the Nonconformists are preparing to celebrate next
year. In the present case Mr. HEATH'S views
appear to be so peculiar that the learned judge was
-unable to find any divine of eminence belonging to
the Church who had held them at all. The one
chiefly condemned as contrary to the grammatical
meaning of the Articles was, that " justification "
meant " doing strict justice to all both good and
bad," and "justification by faith," " the faith
of the SAVIOUR in His own Gospel."
"He, the SAVIOUR, still believes that he
can put the world to rights, and I believe
so too." Mr. HEATH also denied that GOD
was propitiated by the SAVIOUR; denied that for-
giveness of sins was any part of the Gospel ; indeed
the denial of the doctrines taught by the articles
extended to most of those which are obviously
enough contained in them. We must all admit,
therefore, that it was impossible for the judge to do

otherwise than pronounce the doctrines published
by- Mr. HEATH to be contrary to the articles of his
own Church. Dr. LUSHINGTON had not to make
articles ; they are substantially a part of an Act of
Parliament, and his only duty was to ascertain their
meaning and pronounce accordingly. In his at-
tempt to do so, he appears to have made every effort
to allow the widest possible interpretation, but we
must confess that none we can conceive of could
reconcile Mr. HEATH'S views with the teaching of
the thirty-nine articles or of the Prayer Book.
As we seem likely, however, to have a crop of
'each eases before long, it is interesting to notice
the principles on which Dr. LUSHINGTON pro-
ceeded. Re seemed fully impressed with the
gravity of his duty in
this respect. Indeed, a
main object of his judgment appeared to be to
inform the clergylergy
and the
which the judges u public of the light in
f
the land must view the
Articles and Prayer-book ',,hen any one was
accused of preaching " contraria—
lit and repugnant
thereto.), The obligations of clergymen are two-
fold. gi They must declare their assent and
sent to the Book of Common-
Prayer, eon"
and they
must subscribe the Thirty-nine Articles;'
But
then arises the vexed question—ln what sense
Mach is often said of the animus with Which
they are subscribed. But Dr. LUSHINGTON
denied that the court could entertain that ques-
tion. " I have nothing to do," he said, " with
'the internal convictions of any person subscribing
to the Articles; neither I nor any other court can
kn ow what are the opinions ofindividuals when they
affix their subscription—that is a matter to be
governed by their own consciences." The judge
repeated again and again in several varieties of
phrase, that the "plain intent and meaning of the
Common prayer or the articles of religi,-,n," "the
Plain, grammatical meaning," was that which he
iltdo t lab could regard. No authority, however high,
though it expressed his own private:opidion, nor
ev
enthongb he thought that to
113' Rely seriopinion be supported
Pturc, could he presume to declare to
b e the meaning of the article, unless that authority

were in concurrence with the "plain, gramma-
tical meaning of it." He truly observed, that
were he to seek to adapt the real meaning of the
article to the convenience of the Church or of indi.
viduals at the present day, it would be to repeal by
judge-made law an act of Parliament. All such
attempts on the part of judges, he observed, by in-
genious subterfuges to evade or weaken the
law, were not only contrary to principle
but injurious in their consequences, since they
tended to postpone a remedy, if there were a real
evil. The learned Doctor seemed to feel that his
principles necessitated judgments which might be
regarded as "too severe restrictions of the clergy ;"
and as " shutting the door against inquiry and dis-
quisition which might tend to elucidate the truth.'
But he was certainly right in his reply, that if this
were so, " it was not for a Court of Justice to open
a door which the Legislature has shut."

Dr. LUSHINGTON allowed considerable liberty in
two respects—first, he held that if, in endeavouring
to ascertain the grammatical sense of the articles,
any of them fairly and naturally admitted of being
construed in more senses than one, any of those
sews were admissible; especially if it were found
that eminent -divines had held such senses
"without offence." "That which had been
allowed or tolerated in the Church ought not
to be questioned by that Court." Again,
he allowed considerable latitude to sermons.
They could not be construed in the same rigid way
as legal documents must be. A clergyman ought
to be allowed the fullest scope in endeavouring to
show that his language did not really contravene
that of the Articles or of the Prayer-book. But
the Articles themselves must be taken by a judge,
and by all who subscribe them, "as containing the
doctrines of the Church of England," and that the
doctrines as far as set forth in them are " accordant
to Scripture." Nor was it sufficient to allege
intention not to teach doctrines contrary to the
Articles ; it must be shown that the teaching was
not really contrary. After what we have men-
tioned, it cannot be doubted that Mr. HEATH'S
doctrines, on the most favourable construction of
his sermons were almost in direct contradiction to
several of the Articles.

Our clergymen now know the length of their
legal tether. We do not see how Dr. LunnNo-
TON'S principles can be set aside. They reveal
indeed a yoke on the necks of the clergy which
men of mental independence must chafe under. To
find it necessary, as Dr. LUSHINGTON says, to have
always in mind in their religious teaching the doc-
trines and language of worthy men of three cen-
turies back—to be fettered by the notions of theo-
logians just emerged from medrevial papacy—to be
denied the right even to show that the doctrine of
the Word of GOD is different from and better than
that of the antique formularies of the Church of
the TUDORS and the STUARTS—the very intimation
is enough to drive every man who respects his own
convictions and intellectual independence into the
ranks of dissent. The remedy is obvious. Subscription
and Uniformity—the devices of an age of Religious
as well as Civil despotism are the roots of the evil.
While these are enforced men must be compelled to
intellectual dishonesty. No man can think on all
points with the formularies and articles of the
Church as they now stand, and if he once depart
from Dr. LUSIIINGTON'S standard what honest
standing ground can he find. It is only by the
process colloquially known as " Winking hard," at
many a doctrine or phrase, that men of High Church,
Low Church, and Broad Church notions all keep
their places in the establishment. We want, and
we must have more liberal and therefore more honest
terms of subscriptions, and greater liberty for cler-
gymen in the use of the Liturgy.

On previous occasions we have called attention
to the inefficiency of our county magistrates in
dealing with the cases that come before them, and
there occur almost weekly fresh proofs of their
mistaken leniency in allowing ruffians to escape
with a quarter of their deserts. The case of
WHITELOCK and his apprentices is enough to call
forth the deepest indignation. It is astonishing to
believe a man could be guilty of such outrageous
cruelty towards helpless girls, and on such trivial
grounds of provocation. The workhouse authorities
who apprenticed the orphan girls to this man were
greatly to blame, as they could not have made the
requisite inquiries relative to his character. The
evidence that is given of his conduct seems to'
relate the atrocities committed by a slavedriver,
rather than the details of a transaction in a land on
whose shores the slave is free. It is quite time that
our legislators bestirred themselves in the cause of
that wretched and trampled down class, the appren-
tices. Tyranny and persecution go unchecked in
many an abode over which other WHITELOCKS
may reign with a rule of terror, and no measures
can be adopted that are too severe to stay cruelty
towards unprotected orphans, who may be too
frightened to appeal against such masters, or too

ignorant to know they can have redress from the
law. WRITELocx was often heard to exclaim that
" all the devils on earth should not keep him from
beating his girls." Those who survey his actions
will believe that all evil spirits were exciting him
to the commission of his cruelty, He was brought
before the magistrates charged with beating a girl of
fifteen with a horsewhip, for nearly an hour, on the
plea that he had lost his purse. Had she stolen
it, which he could not prove to be the fact, he
had no right to take the law into his own hands.
The case of the elder girl whom he ill-used is yet
more flagrant, as it related to the trivial circum-
stance of her not having finished papering some
bonnets on Saturday night. For these offences
he was only condemned to two months' imprison-
ment with hard labour. Six months for each
assault would have been far too little punishment.

It is really encouraging hard-hearted and vindic-
tive men to indulge their passions to excess when
they know that, if by chance discovered, the
penalty inflicted will be so trifling, There is no
offence more in violation of Divine laws than that of
cruelty, and no human statutes approach at all to
perfection when they are tolerant of its excesses,
and do not put it down with a strong hand and a
determined will. It is to be trusted that the con-
stant recurrence of such acts of wanton cruelty, as
the one before us, will incite those in authority in
petty sessions to try stringent measures for their
suppression. If not, the general indignation of the
public will be aroused, and the administration of
jnatiCe Will be taken from those who will not exer.
LO
else it hi its legitimate form of treating crimiLals,
like WRIT E
tality. off
the a
, with becoming severity, instead
of putting
v-Avention is
vicatyima has accoutt t until the life of
some wretched
fallen a prey
ibetter than- cure, and to bru-
while the helpless
....,
poo
is incumbent on all concernedi
of laws and the administration rn
t abound
n i
1,..ng.t
of justice iso
y them
to frame them, and so to carr '
~ Out,
that such practices shall cease throughout the
length and breadth of the land. There is no nobler
end for exertion, and no higher aim to which we
can aspire than to succour the friendless and pro-
tect the ;oppressed, and those who are planning
missions among the heathen abroad had better
begin i
at sm
taking up the cause of trampled-
down
hoeby
parish apprentices, and fighting against their

ruthless tyrants. They could have no better return
for their labours than receiving the blessing of
those who were ready to perish, and no more glori-
ous incentive for their ambition than to "help the
fatherless and poor unto their rights, that the
man of the earth be no more exalted against them."

) No one is more fitted for the presidency of an edu-
cational meeting than Lord BROUGHAM, and we
- are very happy to see that regained health enabled
him to take the chair at the late anniversary fes-
tival of the Warehousemen and Clerks' Schools.
This excellent institution is well worthy of support
and encouragement, and the public approval of no
less an authority than Lord BROUGHAM will pro-
bably commend it to the attention of many. In pro-
posing the usual loyal toasts Lord BROUGHAM made
a happy allusion to his having met the Prince of
WALES at the Middle Temple on the previous day.
It must have been peculiarly interesting to the
venerable lawyer to see the young heir to the
Crown becoming a member of the profession of
which he is himself so great an ornament. In
making the speech of the evening, his lordship paid
an eloquent tribute to the merits of this institution,
and remarked that it possessed one peculiarity espe-
cially its own—it had been projected and was chiefly
supported by those who might benefit by it. We
often heard, he said, of similar establishments being
set on foot by the wealthy to meet the necessities of
the poor, but this had been begun by the warehouse-
men and clerks themselves. In London there were,
he believed, some 20,000 of this numerous body, and
some among them had subscribed £3,000 for found-
ing the institution. Since then masters of the
trade and other classes have come forward to
help in the good work, and the satisfactory re-
sults may be seen in the existing schools, in a reserve
fund of £15,000, and a subscription of £9,000
towards the building fund. A further sum of
£4,000 0rX5,000 is required to complete the build-
ing and secure proper accommodation for the
children, and thus remove the only fault which
the noble chairman could find in his inspection of
the establishment--the necessity of crowding
the children together. A large part of the requ-
quisite amount was, thanks to Lord BROUGHAM'S
eloquent pleading and plain statement of the merits
of the system employed, collected on Friday even-
ing, when the subscription after the festival ex-
ceeded £1,500. No charity is so commendable as
that which helps others to help themselves, and
there is no better way of doing this than by pro-
viding children of this class with a sound, plain
education. We trust, from the accounts given of
the institution, that the managers avoid the mis-
take, so common at the present day, of
rapidly imparting a large amount of super-
ficial knowledge chiefly acquired by rote,
which is certain to escape the memory in the
lapse of years and press of occupation. It is far
more important to educate the mind, to cultivate as
far as possible the reflective and reasoning faculties,
than to depend for instruction on the mere me-
chanical power of repetition. A comparatively
small amount of substantial knowledge—the ordi-
nary branches of a sound English education, tho-
roughly acquired, are far more likely to be of last-
ing benefit to clerks and warehousemen's children,
than a hurried introduction to a much larger area
of knowledge which they are unlikely ever to ex-
plore. We hope, too, in the girl's department a due
regard will be had to matters of practical utility,
that they may be trained to be clever housewives
and good managers of small incomes ; and not
rival that establishment of learned girls in a vil-
lage school who amazed the lady visitors by their
superior proficiency in dates, latitudes and longi-
tudes, and many branches of recondite and abstraot
knowledge, but who were unable to find one
among their number who could make a
shirt. From the practical nature of these schools
and the fact of their having been projected by men
of business, we should hope they would be in every
respect adapted to the wants of the class they train
and educate. The success which has hitherto
attended their efforts must encourage them for the
future, since the eighth anniversary of their estab-
lishment sees them filled with promising pupils,
supported by a large body of wellwishers, with
increasing funds, a proposed new building, while
their feast is presided over by one of the most
eminent men in the country.

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THE SUN.