and direct so that every thing may be done in order, but he cannot take the exercise of it upon himself: and just so, I say, an archbishop has a visitatorial authority over the bishops of his province, but no right to interfere with them in the exercise of the voluntary jurisdiction over their clergy. And I apprehend that the mistake arises from confounding the voluntary and the contentious jurisdiction. In the contentious jurisdiction which is exercised in the bishop's court, in causes between party and party, an appeal is always open to the archbishop's court, and an ulterior appeal to the king in chancery; and this extends to the bishop's government of his clergy, so far as it is exercised in his court, clergyman upon any offence committed, be libelled in the bishop's court,pro salute animæ, an appeal lies from the sentence; because the whole power of the court arises out of the civil establishment of the church, and the very court itself is a creature of the secular authority. But the case is quite otherwise with respect to that voluntary jurisdiction which is exercised by the bishop personally without his court; which is inherent in the episcopal office and character, by the constitution of the church catholic, antecedent to all' alliances between church and state. If a reason at least to believe, that this reverend prelate will tell your lordships, that an archbishop in his opinion, stands related to the bishops of his province just as a bishop stands related to his parish priests; and that the bishop is bound by his oath of canonical obedience to the archbishop, just as the parish priest is bound by his bath of canonical obedience to the bishop. My lords, if the analogy were perfect, which-in my judgment it is not, it would make for my opinion rather than for his. My lords, the bishop when once he has instituted a rector or vicar, or licensed a perpetual curate to a parish church, has nothing more to do with the cure of souls in that parish; he commits that cure to the priest, and it is entirely gone from himself; and he has no right to interfere with it, otherwise than by his visitatorial authority, to see that the priest in the exercise of it conforms to the laws of the church and the realm. If the priest does any thing contrary to either, the bishop, as visitor, has a right to admonish him; and if admonition is ineffectual, to punish him by ecclesiastical censures and penalties: but no otherwise can he interfere in the cure of souls with which he has invested the priest. To him he commits the care and government of the souls of the parishioners; saving, indeed, to himself and his successors his episcopal rights. Now what are the With respect to the oath, the bishop is episcopal rights which are so reserved?- certainly bound by it to the archbishop as I say, the whole of the visitatorial power; much as the priest to the bishop; as and besides, the right of making use of much, I say, my lords, but not more. the church for the performance of some And what is the obedience to which the rites which a bishop only can perform; oath binds either?-Not to an indefinite, but these make no part of the parochial unlimited, but to canonical obedience,— cure of souls. The bishop has a right to to no obedience beyond canonical. And go to the parish church when he thinks I say, that a submission to the archbishop, proper, to confirm the parishioners, and in the exercise of my voluntary jurisdicpersons of other parishes, whom he may tion in my own diocese, is no part of the think proper to call to that church obedience which I owe the archbishop by to receive confirmation: he has a right to virtue of my oath. But, my lords, I must interfere in some matters without ex- observe, that the relation between the pressly holding a visitation: if the priest archbishop and bishop, and the relation takes upon him to repel any person from between bishop and parish-priest, are mathe holy communion, without consulting terially different. The parish-priest dethe bishop upon the case,-if he takes upon rives his whole power of cure of souls him to reconcile a convert from the church from the bishop: the bishop confers it on of Rome, and to receive his public recan- him by institution, or, in the case of a tation, without the permission of the perpetual curate, by licence; but in either bishop, if he introduces a curate to take case it comes from the bishop solely. But a share with him in the cure of souls,- a bishop owes not a particle of his diocewithout the bishop's licence, these are san authority to the archbishop: the archoffences which the bishop may correct: bishop neither confers nor can he withbut these are extraordinary cases; mak-hold it, although he has a limited control ing no part of the general parochial cure over it. In England, the diocesan authorof souls,-which the bishop is to control ity is conferred by the election of the clergy of the cathedral church: it is that election which makes the bishop of the diocese. It is true, that election is so controlled and directed by the king, as supreme head of the national church, that it seems to be little more than a mere form; for when the clergy of the cathedral are impowered to proceed to election, by the congé d'élire, their choice is directed to a particular person recommended by the king. In effect, therefore, it is from the king that the bishop receives his diocesan authority; the election of the clergy of the cathedral being only the form by which the king gives it: but the archbishop has no share in the giving of it. It is true, the election is followed by a proceeding in the archbishop's court, which is called the confirmation of the bishop elect: but this is not a proceeding by which the archbishop confers the diocesan authority; it is merely a revision of the proceedings in the business of the election, to see that all has been done in due form and order, without any such irregularity as would render the election ab initio a nullity. Inquiry is also made into the character of the bishop elect; to see that he is a person in public reputation, and, in the tenor of his life, fit to be advanced to so high a station in the church. And when it is found that all has been regularly done, and that the life and character of the bishop elect are unimpeachable, the judge of the archbishop's court pronounces that he is duly elected, -that is, duly invested with the diocesan authority. But that sentence does not invest him; it declares only that he is invested. In another part of the United Kingdom, the bishop is invested with his diocesan authority immediately by the king's letter patent, without any previous election of the clergy of the cathedral, or any subsequent confirmation of the archbishop. In both parts of the kingdom, therefore, the bishop derives the whole of his diocesan authority-in the one both in form and effect, in the other in effect though not in form-solely from the king; not an atom of it from the archbishop. Then for our temporalities, and all our secular authorities and prerogatives, in both parts of the kingdom, we hold them solely of the crown. Then, my lords, what part of our diocesan authority do we derive from the archbishop?-Certainly not an atom of it. We derive only from him the power of order: which is given by consecration, and can be given in no other way; no secular power can give it. But the power of order is the spiritual capacity of exercising those sacred functions which none without that power can perform. And this power of order is always described by the canonists as a distinct thing from the diocesan authority: and it is distinct, and indeed in its nature is a higher thing: Christ first gave it to the apostles; the apostles conveyed it to others; and those only who have derived it from the apostles in perpetual succession have power still to convey it. But it is so distinct from diocesan authority, that the power of order may be possessed (and in some instances is possessed) without a particle of diocesan authority; and diocesan authority might be conferred on a person not having the power of order; though such a person, without the power of order, could not perform any one of the sacred functions of a bishop. The bishop, therefore,which is the great point that I am anxious to prove,-derives no part of his diocesan authority from the archbishop. The contentious jurisdiction in every diocese arises out of the civil establishment, and is properly subject to appeal; but the bishop of every diocese has a power, which is called the voluntary jurisdiction, which is of higher origin and earlier date than any civil establishment; which the archbishop, beyond the limits of his own proper diocese, has no right to take into his own hands; except in extraordinary cases, — namely, vacancy of a see, when it devolves to him for the time, as guardian of the spiritualities; and when, for the purpose of visiting his province, he inhibits the bishops for a short time. And I contend, that the power of appeal proposed to be given by this bill would mix the archbishop, in the ordinary jurisdiction of every diocese in his province, in the voluntary branch, in a manner in which he ought not to mix in it; and would be a violent infringement of the independence of the bishops. But, my lords, dismissing this ground of objection, I might argue against this appeal simply from the impolicy of it; and perhaps some of your lordships may allow more weight to this argument than to the other. My lords, I say, that this appeal lays the ground of much ill-humour between the bishops and their clergy, and the archbishops and the bishops; and is likely either to defeat the purposes of the bill, or will be nugatory. If the arch bishop, in the exercise of the power given | judge. The very same you have for the to him, should pin his faith upon the discretion of a bishop: a bishop is a perbishop (which is the course most likely son holding a conspicuous situation in the to be taken), and say "I will not grant country, high in rank, and vested with what the bishop has refused; I will con- great authority; and the jealous eye of firm his refusals," then the appeal is nuga- the public is upon him and upon all his tory. If, on the other hand, the arch- actions.-But, my lords, it may be said, bishop should be very alert in the exercise that cases may occur when the cause of of this new unconstitutional authority granting cannot with propriety be set with which the bill improperly invests forth in the licence,-cases in which it him, I think any bishop that finds himself may be fit that a licence should be granted, interfered with will be apt to say to his and yet the cause of granting may be clergy "I will have nothing more to do unfit to be told. A clergyman may be with this business: I will license none of disqualified for duty; or even his absence you go to the archbishop, and be may may be made a matter of necessity, by license you all, if it so please him ;" and reason of some disorder which it would then the purpose of the bill will be pretty be cruel to divulge. Other cases may much defeated. But noble lords may occur, hardly fit to be mentioned here. say "What then is your plan? Would But for these cases the bill has in my you give every bishop a power within his judgment very wisely and properly prodiocese of licensing at his pleasure, with- vided. Here I consent that the archout any check upon him in the exercise bishop should be called in,-not by way of that large discretion?" My lords, my of appeal; but, as this bill calls him in, to plan would be this: I would propose to confirm any licence granted by the bishop your lordships, that every bishop should when the cause of granting cannot be set be impowered to grant licences within his forth; without which confirmation, such own diocese, in every case which should licence should be void.-My lords, in that seem in his judgment entitled to the in- part of the bill which gives the bishops a dulgence: but then he should be required summary exercise of the ecclesiastical to set forth in every licence the cause of authority, I shall request your lordships to granting it; and, besides, he should be attend carefully to the structure of the obliged to transmit to the archbishop, on clauses, to see that they are so drawn as or before a day to be fixed by the act in really to go to the effect intended. And every year, a report of all the licences this is all I shall say at present upon that granted by him in the year preceding; part of the bill. specifying not only the names of the clergy, and the names of the benefices in respect of which they shall have been granted, but the time for which each has been granted, and the causes of granting: and this report, with the addition of his own proper diocese, the archbishop should be required to transmit to the king in chancery. And this, I maintain, would be a severer check upon the bishops, in the exercise of their discretional power of dispensation, than any the bill imposes in its present shape; because it makes the acts of the bishop public and notorious. My lords, what is the security for the proper conduct of any public men in the exercise of any discretional powers with which they may be invested? What is the security for a judge's just exercise of his discretional powers? The security is this, and nothing else,-that the judge is a public man, in a great conspicuous station, and that nothing that he does is done in a corner: my lords, this is the security you have for the discretion of a After a short conversation, the bill was committed. Debate on the Budget.] June 13. The House having resolved itself into a Committee of Ways and Means, Mr. Chancellor Addington rose to bring forward the Budget. He said, that in consistency with the assurances, which the House had given his majesty of support in the present contest, it now behoved them to make the efforts which were necessary for that purpose. We are, said he, called on to summon all our fortitude, and to put forth all our force; but, to make these efforts, we must submit to great privations, and unusual inconveniencies; to make even great and extensive sacrifices. We had an enemy to contend with who had calculated the means as well as the circumstances of our exertions. It was therefore necessary for us to be prepared, not only for a vigorous but for a protracted contest. This was a system which was not less consistent with the calculation of the coldest prudence, Army Extraordinaries to be voted Ordnance I now come to the Ways and Means by which I propose to raise the amount of the sum which I have stated to be neces sary for the service of the year. The three great objects to which I look as the sources of this revenue are the Excise and Custom Duties, on which I intend to submit to the Committee a large augmentation; and a tax upon property. I wish it to be distinctly understood that I con1,032,151 sider these duties as applicable to war 1,280,000 only, and I intend to propose that they 2,000,000 should cease within six months after the 524,000 restoration of peace. 1,300,000 10,021,000 2,000,000 CUSTOMS. Total..26,879,000 IMPORTS.-An increased Duty on Sugar imported, of 20 per cent 1,300,000 Deficiency of Malt 118,842 last year American Claims... 350,000 1,000,000 Exchequer Bills already voted 2,781,000 460,000 Exchequer Bills of 1798, advanced by the Bank On Cotton-Wool exported 1 ........ 1,500,000 penny in the lb. 250,000 Total separate charge of Great Tonnage. An additional duty on 150,000 Britain With regard to that species of property arising from government securities, I know perfectly well the delicacy which has always been felt upon this subject, but I am sure that it will not be expect ed, at the present time, that that kind of property should not be called upon to bear its share in the general contribution. The question now is, not what species of property shall be exempted, but in what proportion each species shall contribute? It certainly is intended that this kind of property shall be made contributory, though it is not in every instance. I mean, however, now to propose, that all persons possessing property in the funds shall be required to make returns to commissioners by whom this bill is to be carried into execution. These commissioners will not be all of them resident in London, as under the income bill, but they will be appointed in different parts of the country. They are to have the same powers for certain purposes as the commercial commissioners. All persons having property in the funds are to lay their accounts before these commissioners; and if they do not do it before acertain day, they will be held to have made their election, in which case provision is made that they shall be charged in another way. It will be understood that no person can be charged except according to the first provisions to which I have alluded, unless it is by his own choice. If the persons do not make their returns to the commissioners at a proper time, then, and in that case only, the provisions are to be executed at the Bank. All agents for Foreigners, and persors not being British subjects, having property in the funds will be exempted: the Committee will feel that they could not with justice have been included in this impost. When I say foreigners, I mean those not resident in England. I shall now, for the sake of clearness, give a summary recapitulation of the taxes. The committee, however, must be aware, that though parliament may determine to raise so large a part of the supplies for the service of the year, yet it must be obvious, that a very considerable part of this sum cannot be raised within the present year, I will, therefore, only cal culate the sum to be produced by these taxes in this year at 4,500,000l. there would then remain, 10,000,000l. to be provided for the service of the present year; this sum must be raised by way of loan, and I have this day entered into an agreement with some respectable bankers of the city of London, for a loan of 12,000,000l., 10,000,000l. of which was for England, on the following terms :-For every 100%. 80.3 per cent consols, which at 584, the price of Saturday, would be 46. 14s.80l. reduced at the same price, 46l. 14s. The bidding was upon the long annuities; they were taken at 6s. 5d. which at 17 years and a half purchase, was 5l. 12s. 3d. The discount was 21. 6s. 3d. which made the whole amount 101. 6. 6d. The bonus to the contractors is therefore 17. 6s. 6d. and the interest to be paid by the public, 51. 2s. 3d. per cent. I have to congratulate the House, that, under such circumstances, so beneficial a bargain has been made. I have now to state the means by which I propose to provide for the interest of the loan. For Great Britain, which amounts to 480,000l. to which add the charges for management, and one per cent for the sinking fund 190,000l. And the whole sum to be provided for will be 670,589. This sum I propose to raise by an increase of the duties on certain articles of the customs, which I calculate will amount to 250,000l. The increase in consequence of the consolidation of the assessed taxes will amount to 220,000/. But there will still be a considerable sum wanting. The measure by which I propose to make it up is one which has often been recommended. I mean a change in the mode of collecting the receipt tax. I mean to propose, that in all cases where money is to be paid, it shall be competent for the person paying to demand a stamp from him who is paid. The price of the stamp used, it is intended, shall bear a very minute relation to the sum paid; but |