The Sun.
London, England, 1861-06-21 00:00:00

The Archdeacon of STAFFORD—Not without the royal
license. (Hear, hear.) He contended they should not
take a single step to promote synodical action, unless they
had the men before them; and secondly, that they should
not proceed to synodical action unless they were assured
that the bishops and themselves could do so without the
license of the Crown. The standing orders had not been
suspended, so that every member of this house might give
his opinion; and therefore this house was in no way com-
mitted to the gravamen. (Hear, hear.) He believed the
result of synodical action would be to keep this book, against
which so much had been said, and against which he would
have to say if he did not feel he should be doing injustice to
the authors—would be to keep this book longer before the
mind of the public. (Hear.) He believed the book was dying
away. (No, no.) Well, at least, he understood that no second
edition had been published, and for the sake of keeping this
book from the public eye he would advise them to refrain from
procedure. He believed it was quite impossible4o separate
the authors from the essays. There was one of them already
on his trial, and were they now to pronounce the solemn
judgment of this court against a man already on his trial ?
[Archdeacon Denison : " Yes."] —lf they did not think the
writings heretinal why should they proceed. If they thought
they were, then they were damaging a man already on Ilia
trial, He believed that without the license of the crown
they were not a judicial assembly. When the judicial tri-
bunals were established all judicial authority had departed
from this house, and they became simply a deliberative as-
sembly. Suppose they proceeded to synodical action, and
declared that these men:had:been guilty of heresy, and then
the judicial tribunals decided contrary, would they then
strengthen or weaken the church ? (Hear.) He was so
opposed to the doctrines laid down in this book that if he
felt synodical action could prevail he would be the first to
recommend it, but feeling it would not be expedient under
the existing circumstances of the church to proceed to
synodical action, he would second the resolution.
The Rev. J. W. JOYCE said that during the debate there
had been a confusion between a court and a synod which he
could hardly have imagined. Until a recent act had been
passed Convocation had the power of summoning witnesses,
and there were grave opinions that the act did not take
away their judicial functions as a court. He abandoned this,
but he asserted that Convocation was now sitting as a deli-
berative assembly upon an opinion. He denied entirely
that they must associate the opinion with its author. If
not, what would be the case where an anonymous book was
published? Here he would be told that the authors ap-
pended their names. (Hear.) He regretted it ; he felt for
them ; but he could also feel for those who might be swayed
by doctrines contrary to our religion. Sitting, then, as a
synod on opinions injurious to the church, he could not
conceive that any man would say that this was a question
on which the church should not interfere ; and this would
be the effect if the amendment were carried. (Hear.) Ile
wished the house to draw a distinction between a judgment
pronounced in an ecclesiastical sense and in a legal sense.
The Dean of ELY thought there was enough to say that
some of the authors of the " Essays and Reviews" had acted
unwisely, but he confessed he could not understand some
of the passages, nor could he understand some of the pas-
sages in the report of the committee. He could not ignore
the fact that legal proceedings were going on at this time,
and supposing Convocation came to synodical judgment,
that these articles were heretical, it was impossible to say
that it would not prejudice the case of the defendant. If
the authors were pronounced to be in heresy, then the thing
was done with, if not, Convocation would be brought into
conflict with one of our judicial tribunals. (Hear.) The
thewisest
committeething
h couldad been do,ap lawhaseptehfat,seasliasbinnryce
had taken proceedings against one of the authors, it should
be represented to the Upper House that it would be incon-
venient to this house to pronounce any opinion on the ques-
ptihint.sedeptihneieße
tion of proceeding to synodical judgment.

Dr. JELF said, at present they had not nearly arrived at
the stage of proceeding indicated by the Dean of Ely. It
appeared to him that this house was acting now as a grand
jury, which. had to decide whether there was sufficient evi-
dence to send the case for trial. He should most sincerely
delight if any one of the authors of the " Essays and Re-
views" would repudiate his opinion, but he saw no indica.-
tion of it. As one of the committee, he might say thatthey
had examined the book with the greatest care, and where
any doubt existed as to certain passages they had given full
benefit to the aecused. Having sifted them with the greatest
care, he felt that all the grounds of the indictment had been
made out, but even if they had not all been made out, there
would be sufficient grounds for proceeding to synodical ac •
tion, and he was prepared, Coto animo, to do away with the
amendment, thinking there were full grounds for proceed-
ing to synodical action.
Canon SELWYN was not prepared to accept either amend-
ment or resolution, but he concurred with the Dean of
Ely that no man should be brought before two tribunals
for the same offence. This house had already expressed ari
opinion, and he should have thought it had been far better
if the bishops had sent down to this house for its accept-
ance a petition to the Crown to proceed to synodical action.
Ile felt strongly against these essays, and especially that
which had come under the notice of the Bishop of Salis•
bury; but with all that he would say there was more good
in this book of Essays than Dr. 111cCaul was willing to
allow, and that this house should net pass a sweeping con-
demnation on a work which, with all its errors, contained
1 some elements of truth. _ _

The Rev ea me mode of pro-
ceeding by synodical judgment was analogous to a mode of
procedure in Parliament which had long become obsolete—
he alluded to attainder. With regard to this book, there
was a particular difficulty in passing judgment upon it, for
it was written by seven persons. His friend, Mr. Joyce,
alluded to the case of an anonymous book, but then they
would be trying a ghost. He had read the book, and he
longed to get home and burn it—(laughter)—but be con-
fessed it was impossible, in his opinion, to frame a Judgment
in condemnation of the book generally. There was another
difficulty. This convocation only formed one-fourth of the
Church. Who could say that the book would not come
under the review of the convocations of York or Armagh ?
It was said they were only asked to say whether, in the
opinion of this house, there were reasons for proceeding to