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The noble and learned Lord on the Woolsack had astonished him by the principal remark which he had thought fit to make on what he (the Bishop of Exeter) had said on the respective rights of the Crown and of the Church in the appointment of bishops.

"The_right_rev. Prelate (said the noble and learned Lord) is willing and anxious that the Crown should have the absolute right of naming the person to be made bishop; but then the Archbishop must have a right to judge of the fitness of the person so nominated by the Crown. My Lords (said the noble and learned Lord), of what worth is the right to nominate, if another party is to decide on the qualifications of the person

nominated?"

in wishing that the present course of pro-
ceeding in the election of bishops, with all
its mockery and its profaneness, should be
done away; and he had suggested that a
course should be taken, which while it re-
moved these scandals, would leave the
power of the Crown such as the noble and
learned Lord thought it ought to be-not
only absolute in the appointment of bi-
shops, but also without a right in one
any
to judge of the fitness of the Crown's ap-
pointment. This he had said would be
effected by reviving the Statute of Ed-
ward VI., c. 2, which gave to the Crown
the right of appointing bishops by letters
patent. The noble and learned Lord had
read to their Lordships the provisions of
the statute to that effect; but he had
omitted to read another part of the same
statute, to which he must now call their
Lordships' attention, and which he heartily
wished the noble and learned Lord were
present to hear. The Statute of Henry
VIII., revived by the 1st Elizabeth, which
was now the law of the land, required the
Archbishop to consecrate the person elect-
ed, nominated, and presented to be Bi-
shop under the penalties of præmunire.
But the Statute of Edward VI. which the
noble and learned Lord said would give to
the Crown the same power as was claimed
for it under the Statute of Henry VIII.,
and which, therefore, he desired to see re-

He was, he repeated, astonished to hear such an argument, if argument it could be called, proceed from such a quarter. Why, the noble and learned Lord knew by experience, better than any man in that House, that the power of nominating to preferments was of great value, even though others had a right and duty to judge of the fitness of nominees, and to reject them if they were unfit. The noble and learned Lord exercised-he knew not how often in every year the right of presenting to benefices in the gift of the Crown, subject nevertheless to the right of the bishop to judge of the qualifications of the persons presented by him. And this right of the bishop was not a mere nominal one; it was one repeatedly acted upon. He had him-vived, enjoined not the consecration of the self, since he had been bishop, often considered judicially the qualifications of parties presented to benefices, and more than once in cases of parties presented by the Crown. This right he had exercised, and should continue to exercise. It was a right distinctly stated by the great statute "Articuli Cleri," which declared not only that it should be the law in future, but that it ever had been in times past thus recognising it as the common law of England. The terms in which this was stated were remarkable; for they applied expressly to benefices in the gift of the Crown, and were so large as to apply in their reason to all benefices, whether bishoprics or others:

"Of the ability of a person presented unto a benefice of the Church, the examination belongeth to a spiritual judge; and so it hath been used heretofore, and shall be hereafter."

He would next advert to something which had been said by a noble and learned Lord, who, he was sorry to see, had since left the House (Lord Denman). That noble and learned Lord had agreed with him

person nominated under any penalty-no, nor did it enjoin consecration at all—it simply said that the person to whom the bishopric was so collated " may be consecrated"-thus recognising the right of the Archbishop to refuse to consecrate if the person were unfit.

He must now make some remarks on what had been said by the noble and learned Lord near him (Lord Campbell). That noble and learned Lord had rested his argument on what he must say perfectly astonished him, considering the high stations which his noble and learned Friend had filled, and the still higher, which, if he lived, he would probably be called to fill. He had read to their Lordships the questions put to, and the answers made by, a bishop at his consecration - and these, he said, were all the security for his fitness which the law contemplated, or which was in itself expedient. But was it possible that the noble and learned Lord could see in those inquiries and their answers anything more than a mere engagement for the future? And what if the

party was utterly untrustworthy?what nically qualified, or be canonically disif he had been already proved guilty of qualified. If the Archbishop reject him, perjury, or was otherwise utterly disquali- he would willingly see a right of appeal fied? He really could not permit himself given to the party; and he would propose to abuse their Lordships' patience by dwell- that the court of appeal should be the ing longer on such a matter. He turned, same as was constituted by a Bill now on therefore, to what had been said by his their Lordships' table (Clergy Offences right rev. Friend behind him. His prime Bill) as a court of ultimate appeal in cases argument had been, that a bishop must be of heresy. He had the more confidence in taken from the presbyters of the Church, proposing such a court, because it had and, therefore, in that one condition they been devised in a Select Committee on the had a sufficient security. What was it Bill up stairs, at which all the noble and possible that his right rev. Friend should learned Lords had attended, and given think less security necessary for the quali- their most valuable judgment. The result fication of a person nominated to be bishop, had been the unanimous agreement in than was necessary for the holding of any constituting a court which should consist inferior benefice whatever? No presbyter of Bishops and other divines, together with presented to a rectory or vicarage was ex- several Judges, both of the common law empt from inquiry by the bishop into his courts and also of the ecclesiastical courts. qualifications for the charge. Was less care The right rev. Prelate thanked the House to be taken in admission to the highest of- for the patience with which they had heard fice of all? Again-did his right rev. him. Friend affirm that none but presbyters might be made bishops? Why, at a not very remote period of the history of this very Church there was a notorious instance to the contrary. In James the First's time, when the episcopacy of Scotland was restored, certain Scotch ministers, who had not received episcopal ordination, were to be consecrated bishops. Bishop Andrewes objected that they were mere lay- PETITIONS PRESENTED. From London Society of Mutual men. Archbishop Bancroft admitted this to be true, but reminded Andrewes that in the ancient Church there were several instances of laymen being advanced at once to the episcopate, mentioning Ambrose of Milan, who was a mere civil officer. Upon this Andrewes assented, and the consecration proceeded. Such is the account given by Heylin in his History of the Presbyterians. Besides, his right rev. Friend ought to bear in mind that the Statute of Henry VIII. did not confine the Crown to presbyters; it spoke generally of the persons nominated by the Crown to be bishops.

Before he sat down, he thought it necessary to answer the demand made on him by all the noble and learned Lords, that he should state what he thought a fit and proper course to secure the right of the Crown, and the right which he claimed for the Church. Thus challenged, he hesitated not to say, that, while he thought that the Crown ought to have an absolute right to nominate the future bishop, the Archbishop must have a right, on specific objections being stated, judicially to decide whether the person be cano

Petition to lie on table.
House adjourned.

HOUSE OF COMMONS,

Tuesday, February 15, 1848.
MINUTES.] NEW MEMBer Sworn.

- For Rye, Herbert
Mascall Curteis, Esq.
PUBLIC BILLS.-1o Agricultural Tenant Right.
Reported.-New Zealand Government.

Communication for the Protection of Trade, that the Privilege now granted to Members of Parliament of Freedom from Personal Arrest may be Abrogated.-By Mr. F. Maule, from Free Presbytery of Arbroath, for Protection to the Free Church, Canton de Vaud (Switzerland). By several Hon. Members, from various places, for and against the Jewish Disabilities Bill.-By Mr. Christopher, from Lincoln, for the Better Observance of the Sabbath.-By a great many Hon. Members, from various places, complaining of the Conduct of the Roman Catholic Clergy (Ireland), and for and against the Roman Catholic Relief Bill.-By Mr. Cobden, and Mr. Sandars, from Attorneys and Solicitors of Yorkshire, for Repeal of Duty on Attorneys' Certificates. - By Mr. Cowan, from Edinburgh, for Repeal of the Duty on Paper. By Mr. Gregson, from Traders of Singapore, for Reduction of Duty on Pepper.-By Mr. K. Coke, from Guardians of the Docking Union, Norfolk, for Rating Owners in Lieu of Occupiers of Tenements.-By Admiral Gordon, from Aberdeen, and Mr. B. Smith, from Dunfermline, for Revision of the Stamp Duties.-By Lord D. Stuart, and other Hon. Members, from several places, for Repeal of the Window Tax.-By Sir F. Davie, from Dunbar, for Repeal or Alteration of the Bank Charter, and Banking (Scotland) Acts.-By Mr. J. Williams, from Beersellers of Macclesfield, Sutton, and Hurdsfield, for placing Beersellers on the same Footing as Licensed Victuallers.-By Lord R. Grosvenor, and Sir. J. Pakington, from Independent Order of Odd Fellows, Manchester Unity, of various places, for Extension of the Benefit Societies Act.-By Mr. Duff, from the County of Elgin, respecting the Bonding of British Spirits-By Sir J. Pakington, from Worcester Board of Education, for Alteration of Law respecting Education.-By Captain Archdall, from Kilmore, for Encouragement to Schools in Connexion with the Church Education Society (Ireland). -By Mr. Bright, from North Berwick, for Repeal of the Game Laws.-By Mr. P. Grenfell, and other Hon. Mem

bers, from several places, for Sanitary Regulations.-By language, to fulfil the denunciation of the

Mr. S. Crawford, from various places in Ireland, for Al-
teration of Law of Landlord and Tenant.-From South- poet-
ampton, respecting Salaries of Magistrates' Clerks.-By
Mr. Cobden, and several other Hon. Members, from a

great many places, for Retrenchment of the Naval and
Military Expenditure.-By Sir J. Johnstone, from Ship-
owners of Scarborough, for Repeal of the Navigation
Laws. By Mr. Cobden, from Robert Owen, for Inquiry
into the Condition of the People.-By Mr. F. Devereux,
the Rating of Clerical Incomes.--By Mr. Cobden, from
Clerks, Masters, and Matrons of Workhouses, of several
places, for a Superannuation Fund for Meritorious Offi-
cers.-By Mr. B. Smith, from Queensferry, for Alteration

from Ardfert, for Alteration of Poor Law (Ireland) as to

of Law respecting Prisons (Scotland).-By Mr. Bright, from Finsbury, for Abolition of the Punishment of Death.-By Mr. Henley, from Oxfordshire, for Alteration of Law of Settlement.-By Mr. Benjamin Smith,

from Queensferry, for Inquiry respecting Turnpike Roads, &c. (Scotland).-By Colonel Thompson, from

York, for referring War Disputes to Arbitration.

THE LOSS OF THE AVENGER, In answer to MR. FITZROY, ADMIRAL DUNDAS stated that the Avenger received at Gibraltar a box containing every Mediterranean chart, and the receipt of Captain Napier for it was in the hands of the Admiralty.

PORTUGAL THE PROTOCOL OF
MAY, 1847.

MR. HUME begged to ask Viscount Palmerston whether the engagements entered into by the Protocol of May, 1847, with the Governments of France and Spain, had been fulfilled, and whether we were free from them?

VISCOUNT PALMERSTON: My hon. Friend will recollect that the first two parts related to an amnesty for political offences, and the last two to the elections. Those elections have taken place, and the Cortes are now assembled. Therefore undoubtedly the state of circumstances to which the Protocol related is past, and I have informed the Portuguese Government that there are no longer any grounds on which this country can interfere in the present state of Portugal.

AFFAIRS OF ITALY.

DR. BOWRING rose to move for copies or extracts of correspondence on the subject of the Commercial League of Italy, He could not refrain, in doing so, from taking a passin glance at the state of political affairs in that country. It had been the unhappy destiny of Italy in modern times, notwithstanding all her former grandeur, her learning, her high position in the scale of nations, and the universality of her

"Conquering or conquered, still to be a slave."

Whilst the great men of that country had poured the light of genius over the universal earth, and their claims to admiration had been recognised by the world, Italy herself had been condemned to a long period of darkness, from which she seemed about to emerge. He was not aware that any events had taken place of late years which had filled men of thought and hope with more agreeable anticipations than the events which had occurred in Italy; and sure he was that that House would join in the prayer that they might lead to the great consummation of Italian freedom, and that Italian freedom might be associated with Italian happiness. No one could have read without paying a tribute of admiration to the noble Lord the documents which had been laid on the table of the House, and the communications with the

Austrian Government as to the territorial arrangements and political relations of Italy. No doubt, in many respects the position of Austria was an embarrassing one. She had conveyed her policy to Europe in one short emphatic phrase; she declared that, as far as she was concerned, Italy was only a geographical abstraction, a mere name. She saw nothing that was common to the Italian people, nothing in the universality of its language, nothing in the character of its literature, nothing in the sentiments of ancient nationality which pervaded the Italian peninsula, nothing in those great influences which had been acting for centuries on the Italian mind. Prince Metternich, who ought to be keenly alive to all that was passing in Italy, saw in the demand for reform only a subversive spirit at work; the policy of Austria towards free and independent nations such as Switzerland had been directed to one great object, to prevent the establishment of a free and national Government; acting upon the maxim divide et impera; and impeding the consolidation of that influence which free and constitutional States ought to exercise. Austria had been compelled within her own territories to make great concessions to public opinion, to allow to Hungary a constitutional Government. He hoped that a reconsideration of her position in Italy would induce her to make similar concessions to the people of Lombardy. From the time of Dante downwards, it was remarkable how many evidences

were to be found of a mutual sympathy be- | abuses of all kinds the present system of governtween those two portions of the Austrian do- ment in several of those States, and more especially in the Roman States and in the kingdom of minions-how Lombardian hopes and feelNaples, are known to be, it cannot be surprising ings had vibrated to Hungary from Lom- that such crying evils should generate the bardy, and Hungarian feelings to Lom- strongest discontent; and it is very possible that bardy from Hungary. And in what lan- men who feel the full intensity of the grievances under which they now are and have for a long guage did Prince Metternich designate what was passing in Italy? He made no of redress from their present rulers, should take up series of years been suffering, and who see no hope allowance for the force of opinion which any scheme, however wild, from which they may had influenced the Sovereigns of Italy, and fancy they could derive a chance of relief."" induced them to float with that great tide The noble Lord then proceeded to do jusof public sentiment which was flowing to- tice to the admirable and excellent man wards constitutional government. The lately placed at the head of the Pontifical action of the current of national feeling he dominions, whose knowledge of the state ascribed to the machinations of the "chiefs of the Italian mind, and conviction of the of sects," who had, he declares, for some deeply-rooted evils which has spread years undermined the institutions of the through the whole of his territories, had peninsula. The progress of events he induced him to undertake the great work called the utopia of an advanced radicalism, of reform, and to aid it by those religious and saw with horror the influence of pub-influences which he alone was able to bring lic opinion such as existed in Switzerland. to bear upon the subject. The noble He did not know how any statesman could Secretary for Foreign Affairs observed, expect the Italians to reverence his autho-thatrity, or could hope to exercise influence within the peninsula, except by associating himself with Italian feelings, and trying to represent Italian interests. Nothing could be more satisfactory than the language which the noble Lord had held in his despatches to the Austrian Government. Whilst recognising the right of Austria to some territorial possessions in Italy, the noble Lord had laid down distinctly and broadly the important principle of

-"the right which belongs to the sovereign power in every State to make such reforms and

internal improvements as may be judged by such sovereign power proper to be made, and conducive to the wellbeing of the people whom it

governs."

Most admirable was the advice offered by the noble Lord in reference to this principle:

"That right it appears that some of the Sovereigns of Italy are now willing and prepared to exercise, and Her Majesty's Government would hope that the Government of Austria may think fit to employ that great political influence which Austria legitimately possesses in Italy with a view to encourage and support those Sovereigns in such laudable undertakings."

The noble Lord went on to point out the causes which had produced the present state of irritation and anxiety prevailing in some quarters, and remarked, almost prophetically

"Her Majesty's Government have been convinced, by the information which has reached them from a great variety of quarters, that deep, widely-spread, and well-founded discontent exists in a large portion of Italy; and when it is considered how full of defects and how teeming with

"This observation does not indeed apply with full force to the Roman States, because the present Pope has shown a desire to adopt many of those much-needed reforms and improvements Britain, France, Russia, and Prussia, urgently which in 1832 Austria, in conjunction with Great advised the late Pope to carry into execution; and it may be hoped that if the Pope be encouraged and assisted by Austria and the other four Powers, in removing the grievances of which his subjects grievances have created will soon die away." have long complained, the discontent which those The advent of the present Pope to power had enabled him to give effect to the yearnings of the Italian mind; his conviction of the enormous extent and deep rooted foundation of the evils and grievances by which his territorial dominions were overspread, induced him to undertake the great work of reform, and to associate it with the religious influences which, as the head of the Roman Catholic Church, were placed under his control. With regard to Naples, the noble Lord offered some suggestions on which Austria would do well to act :

"But there are other States in Italy, and more especially the kingdom of Naples, where reforms and improvements are required almost as much Government would hope, that as no European as in the Roman territory; and Her Majesty's Power is more interested than Austria in preserving the internal tranquillity of Italy, so will the great and well-known influence of Austria in Naples be beneficially exercised in encouraging those reforms and improvements which will tend to remove the discontent from which alone would spring any dangers by which that tranquillity is likely to be threatened."

He should be greatly grieved if it were

could not doubt that the Sovereign, taught by long and sad experience, and impelled by the events passing around him, would yield to the general feelings of the Italian people. The Sicilians, too, had sought to burst their bonds; and if blood had unfortunately been shed, we could not forget it was the example and instructions of England which awakened in the minds of the Sicilian people the desire for independence. No one could have trodden Sicilian ground without hearing the name of Lord William Bentinck spoken of with intense affection; and through all the vicissitudes of her late history there was no Sicilian who did not ardently expect the day when his countrymen should be entrusted with the making of Sicilian laws, and the public mind should be reflected in its institutions. The idea of the Commercial League appeared to him to have been most fortunate.

supposed that he would desire to see this | sion and hesitation; but even there the Government meddling in the internal good seed had been sown, and would, no affairs of other States; but indisposition doubt, grow to a flourishing tree; and he to interfere appeared to him perfectly compatible with a great sympathy for the maintenance and spread of free institutions. He desired to see the establishment of liberty in every portion of the globe, and had the strongest wish that the moral influence of the Government and people of England should be generously and liberally exerted in that struggle of the oppressed against the oppressors which was going on throughout Europe. The religious influences of Rome, the free-trade principles of Tuscany, he trusted, would gradually spread through the Italian States, and become the lawgivers of the Italian people. Though Austria might feel some alarm at the political and military power of Sardinia, it was to be hoped she would see the necessity of consenting to those ameliorations which would add so materially to the happiness of her Italian dominions. Then might they look forward with confident expectation to the establishment, in every one of the Italian States, of free and representative Governments. The interests of peace, the interests of liberty, the interests of mankind, required this. The power which the Pope exercised rested only in the individual, and was referable to a happy accident; but it ought to be the object of British policy to assist with all our moral influence the consolidation of a free Government in the various States. It had been said with great truth, that in the Italian Free Trade Confederation, Sardinia occupied much the same place as Prussia in the Zollverein. The conduct of Carlo Alberto had been in every respect most honourable to him; he had gone from step to step without blood-beyond the Cape, and the alterations that shed and violence, towards the establishment of a constitutional form of government, which would be most acceptable to his people. Tuscany had always been a particularly interesting portion of the Italian peninsula, especially to those who had seen the happy effects of the development of the principles of free trade in the felicity of the Tuscan people. The influence of Tuscany was widely spread; no doubt it was she who had contributed the largest portion of illustration to the literature of Italy; and it was matter of congratulation that the Grand Duke had not been backward in moving in the path of constitutional reform. With respect to Naples he could not speak without some apprehen

There were no means by which Italian feeling could be so effectively condensed and brought to a focus as by the establishment of a league of that nature. No more federalism than free communication was desired. Although a strong national feeling pervaded Italy generally, the individual States were distinguished by long-cherished local prepossessions and peculiarities. Much that characterised the Neapolitan was not to be found in the inhabitants of Tuscany; whilst strong points of difference were to be found between the Roman and the Venetian, the Lombard and the Sicilian. The commercial spirit of Italy was still alive and active. Notwithstanding the great changes that had been effected by the discovery of the countries

had been introduced in our mode of intercourse with the Oriental world, Italy had preserved a large portion of the trade of Europe, and many of her ports were distinguished for the excellence of her mariners and the enterprise of her merchants. But he hoped the Italian Commercial League would guard against making that mistake which had been made by the Germans on the Rhine. He trusted that their tariff would recognise no discriminating duties, and that while facilitating communication among themselves, they would not raise a barrier to the friendly intercommunication with other nations. That was the great fault which had been committed in Germany. If the tariff of Tuscany, for example,

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