HL Deb 11 May 1871 vol 206 cc600-1

Order of the Day for the Second Reading read.

THE BISHOP OF WINCHESTER

, in moving that the Bill be now read the second time, said, that the present measure had the same object as that which passed this House last Session, but which reached the other House at too late a period to admit of its becoming law. Its scope, however, he regretted to say, was more limited; but it steered clear of one or two difficulties which attended its predecessor. It provided that, in the event of a sequestration under a judgment obtained against any clergyman, or under his bankruptcy, being issued and continued in force for six months, the Bishop may take order for the due performance of the services of the church of the benefice, and should have power to appoint such curates as the case might require, and that the stipend assigned shall be paid by the sequestrator in priority to all payments payable by virtue of the judgment or bankruptcy; and further, that the Bishop shall have power to inhibit the incumbent from performing any services of the Church as long as the sequestration shall remain in force. This would, in the case of small livings, have the same effect as the Bill of last Session, which proposed to void the living under such circumstances, so as to restrain creditors from rashly trusting the clergyman, and to make it their interest to make a private arrangement with him, instead of taking proceedings. They would know that the incomes of small livings would be required for the discharge of the duties, and that if they encouraged a clergyman to run into debt, there was nothing they could trust to for payment. In larger benefices the effect would be partially the same; and, as an instalment, he believed the operation of the Bill would be almost as great as the measure of last Session. He had now, happily, the support of a noble and learned Lord (Lord Cairns), who objected to a great part of the latter Bill; and, though a similar Bill was before the House of Commons, it was not likely to reach their Lordships' House. He, therefore, saw no reason for withdrawing his own Bill, being anxious that another Session should not pass without a mitigation of the evils of the present state of the law.

Moved, "That the Bill be now read 2a."—(The Lord Bishop of Winchester.)

LORD CAIRNS

said, the principle of the Bill must commend itself to everyone, and he believed the Bill was calculated to accomplish the object in view, and to remedy evils which were univerally admitted, without inflicting injustice on any person. It was, therefore, free from the objections which he entertained to the measure of last Session.

Motion agreed to; Bill read 2a accordingly, and committed to a Committee of the Whole House on Tuesday next.