ter, and degrading to his ftation. It was true, the ftatute of Henry VIII. prevented this abufe, but the provisions in that particular were extremely fevere. He feared, however, that the relaxation was carried too far in the prefent bill. This, however, would be matter for confideration in the Committee, when the claufe fhould come under difcuffion, and it might be proper to fee, if the defect exifts, whether it might not be rectified. Adverting again to non-refidence, his Lordship faid there might be feveral cafes of abuses as the bill then flood. The minor canons of St. Paul's, for inftance, might fet the Bishop at defiance, and exempt themselves from refidence as long as they pleased, and yet there were, he fancied, fome good livings among them. There was also another claufe which he confidered a public advertisement for pretences for non-refidence. Attendance upon a fick child, or a fick wife, he admitted to be a very good excufe; but as the claufe was worded, if the clergyman's wife wished to go to a watering place, the had only to affect a nervous complaint, and matters might be eafily managed to procure the apothecary's certificate of her indifpofition. The hufband would thus be excufed for non refidence, and might amufe himself for the featon at a watering-place. To prevent this and fuch like abufes, he fhould propofe, that no licence fhould be granted by the bishop without fpecifying the caufe, and that he thould make a return of the number of licences granted by him every year. This, he faid, would operate better than the provifion in the bill, as a restraint upon the difcretion of the bithop in granting licences, and thereby prevent an improper iffue of them. We had the fame fecurity for the good conduct of bishops as we had for that of our judges. The men and their conduct were public and before the eyes of the world. Although he recommended that the licence thould specify the caufe, he did not mean the rule to be univerfal. It was obvious, that in fome cafes it might be improper to affign the caufe. He next adverted to the claufe which fubjects the non-refident to the forfeiture of one-third the income of his living, if abfent more than three months; and fo on in a proportionate fcale of forfeiture to the degree of delinquency. But he thought the time ought not to be fo long as three months, as, with a very little degree of ingenuity, the nonrefident might extend the time of his abfence to fix months, without incurring any farther penalty. Another principle to which he obje Aed in the bill was, that it enabled the bishops,

ipfo fatto, to grant licences for non-refidence at difcretion, without fpecifying any ground; a circumftance which mult ftrike the public eye, as if the object of the bill was to make loop-holes through which the beneficed clergy might elude their duty; but this difcretion he wished not to be given, but under the most decided reftriction and refponsibility, That no fuch licence fhould be given but upon a cafe made out of the actual neceffity, which neceffity should be specified in the body of the licence itself, as the ground only upon which the abfent clergyman could justify himfelf, in cafe of profecution for non-refidence. His Lordship made feveral other objections to points of lefs importance, and concluded by agreeing that the bill fhould go into a Committee, in order to its amendment.

The Bishop of Oxford faid, he agreed in most of the atguments of the right rev. Prelate, but he rofe for the fpecial purpose of entering his protest against that part of the right rev. Bishop's argument, which referred to the appeal to the archbishop, in cafes of refufing to ordain those who were applicants to be admitted into orders. He thought the appeal a wife and expedient provifion, because although it was true that the metropolitan could not command him or any other bishop to ordain any person, to whom from any public or private motive he should refufe ordination, yet the bishop fo refufing, ought to affign his reafons in writing for fuch refufal, that they might be inferted in the circular letter fent round to the clergy and bifhops, thereby affording them the means of afcertaining the validity of the objections, refpecting which they would be enabled to judge for themfelves, and another bishop might then ordain the perfon or not. His Lordship faid, there were feveral claufes of the bill to which he felt much objection, but not being in the habit of fpeaking in public, he should leave what he had to fay of that nature to abler and more experienced Lords; and perhaps the most fit time for bringing forward fuch obfervations would be, when the Houfe came to the difcuffion of the claufes. He would, therefore, only repeat, that his reafon for rifing was for the purpose of entering his protest against the part of the fpeech of the right rev. Prelate, who had juft fat down, which referred to the appeal to the archbishop, and to the refufal of inftitution, in both of which points he differed entirely from the right rev. Prelate. · An appeal to the archbishop having been a part of the ancient conftitution of the catholic church, he was the more anxious

to enter his proteft immediately, from a confcioufnefs of the great authority, acknowledged talents, profound learning, and long experience of the noble and right rev. Prelate, which could not fail to make a deep impreffion on the public mind, if his arguments went forth unobferved upon, which would imply a general admission of their truth and validity.

Lord Auckland faid, that he did not rife to oppose the commitment, and yet the bill appeared to him to have defects, fuch as he could not reconcile to the principles on which a law for enforcing the refidence of fpiritual perfons within their benefices ought to reft. He had made up his mind rather to take the prefent measure with all its imperfections on its head, than to let it fall to the ground: ftill, however, he fhould feel it his duty to fuggest several amendments, in the hope that they would be either adopted by the Committee, or be made hereafter the objects of fome new bill. With thefe views he requested their Lordships' indulgence, if in the prefent stage of the proceeding, he thould point out the claufes and provifions which he thought defective or objec tionable. In pursuing this line he was forry to foresee, that he should raife fome queftions which might lead to much difcuffion at fo late a period of the feffion. And here he muft again exprefs the regret which he had intimated several months ago, that a bill for enforcing the refidence of the clergy had not originated among their Lordships. The whole fubject was more congenialto the conftitution of their Houfe than of the other. Their Lordships would have secured to themselve more time for the mature confideration of the bufinefs; they would alfo have had the combined affiftance of the learned Lords and of the right reverend bench: and indeed it feemed hard to be now placed under the neceffity of deciding within the limited period of a few days, all the multifarious provifions of a bill which had been twenty months before the other House of Parliament.

It was, however, too late to look back; but it was not too late to examine the prefent bill fairly and candidly, with a difpofition and anxiety to make it adequate to the purpofe for which the intervention of the Legiflature had been required. That bill purported to effectuate a general and fub ftantial refidence of clergymen within their benefices, for the perfonal difcharge of their facred duties, and at the fame time to protect them against illiberal reftraint and perfecu tion: in other words, it was meant to fubftitute a wife and efficient arrangement in the place of obfolete and oppreffive

laws

laws. He hoped it was fuperfluous to declare himself an enemy to morofe difcipline in any line or walk of life: he was, however, a friend to the great and effential precept which is the best guide and safe guard of the focial systems among mankind; the precept, which requires thofe to do their duty in the ftate of life to which it has pleased God to call them. It is the influence of that precept which carries forwards the many thousands who ferve fo bravely in our fleets and armies, to facrifice the best part of their existence, and their existence itself, in dangerous fervices, in unhealthy climates, and at a distance from their families. It is the fame precept, to the strict observance of which all clergymen fubject themselves in the fight of God and man, when they dedicate their life and labours to the duties of their holy profeffion. He did not ftate this pofition in the fcrupulous fenfe of Madame de Sevigne's curate, who would not go for a fingle day beyond the bounds of his parish, left death fhould furprife him off his poft. But he meant to defcribe that honeft, moral, and religious attendance, without which there will arife a fcandalous inference that the profeffion of holy orders is a mere pretext and qualification to obtain an income. The duty of refidence ftated as a theory could not admit a doubt; but that theory, like to other theories, must bend to the contingencies and circumstances of the age in which we live.

Keeping thefe leading obfervations in his view, and referving details for the proper period of difcuffion in the Com mittee, he would now fhortly state his objections to the prefent bill.

He faw no reason, why perfons holding dignities and prebends should not be fubjected to the fame provifions as those who hold parochial benefices.

With refpect to the exemption claufe, he confeffed that he fhould have been more satisfied, if the law had been left on its old footing, or even if every defcription of fpiritual perfonshad been placed under the controul of their diocefans. At any rate, he muft fay that many exemptions were introduced, which he faw with pain and concern. It was invi dious to fpecify the cafes; but furely it might be doubted, whether a fellow of a college, or an academical tutor ought to be exempted from refidence within his parochial benefice. Was it right and decent that an individual fo circumflanced, fhould be permitted by law to neglect the greater duty in favor of the minor duty, and to withdraw himself from the charge

charge of five or fix hundred parishioners in favour of five of fix pupils; or, in fome poffible inftances, for a life of indo fence and inutility in the walks of the univerfity and com mon rooms of the college.

With refpect to the propofed licences for non-refidence, he certainly could not object to the proposed system of a difcretionary authority to be repofed in the Bishops, subject to the fupervision of the metropolitans, who should report to the King in council, in order to bring the whole under the Executive Government, and eventually under the eye of Parliament. He had originally stated fuch a fyftem feveral weeks ago, as the most constitutional and most efficient. He never thelefs conceived, that the powers fo given to the bishops fhould be better defined than they are in the bill; and this not merely for the object of ecclefiaftical difcipline, but for the fake alfo of the bishops themselves, on whom a new weight of functions will be thrown, very heavy at the best, and fuch as ought not to be aggravated by any unnecessary reponfibility.

He had two other objections to the bill as at prefent framed. The first related to the farming claufes, which gave to fpiritual perfons a power to farm to any extent, provided that they could obtain the licence of their diocefan. Surely fome words thould be introduced to confine that provifion. He had no objection to the allowance of a few acres in addition to the glebe for the purposes of comfort, of maintenance, of charity, and even of amusement. But the whole idea of a farming clergy was inadmiffible. The inftitution of the church implies, that fpiritual perfons shall be exempted, as far as may be, from the details, embar raffments, and occupations incident to laymen. The main tenance by tithes was grounded on the notion that the clergy fhould receive the fruits of the earth without anxiety or the avocations of labour. The intereft of a practical farmer and the duties of a parochial prieft are incompatible.

He now came to what he confidered as the great and principal defect of the bill; the want of due provision to fecare to every parith a good and fufficient curate. The allowance of non-refidence in every year was propofed to be extended from two months to three months: the exemptions from refidence were greatly and moft questionably multiplied. In all other cafes, non-refidence by licence was permitted for two years at a time; and yet no provifion was made to fupply the abfence of the beneficed clergyman,. by the fervices of a refident curate.. He knew that in the. KVAL. IV. 1802-3. cafe

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