HC Deb 16 August 1843 vol 71 cc848-9

House in committee on the Episcopal Functions Bill.

On the 7th clause being put,

Lord Clive

moved that it be omitted, on the ground that the authority for appointing the commission should be vested in the Archbishop of one province, instead of the Lord Chancellor, in the case of the commission being issued to inquire into the case of another Archbishop. He wished the same power to be given to the Archbishop as was given to the bishops in case of a commission being issued to inquire into the case of a simple bishop. He objected also to this power being taken out of the hands of the Church and placed in the hands of the Crown, where it might be jobbed for political purposes.

Dr. Nicholl

supported the clause. The Crown was the head of the Church, and all its proceedings were watched over by that House and the country. Moreover, the Lord Chancellor was the head of the law, and one of the sworn judges of the land was to be a member of the commission. He thought there were ample securities for the due performance of the duties imposed.

Mr. Darby

said, that instead of the clause being omitted, it should be amended in order to make an archbishop a member of the commission.

Sir James Graham

said, he should not object, on the third reading, to insert words, enacting that one of the commissioners should be an archbishop. He wished to meet the views of the noble Lord.

Lord Clive

felt it his duty to divide on the clause, as his objection was not to the formation of the commission, but to the authority which issued it.

The committee divided on the question thet the clase stand part of the bill. Ayes 51; Noes 4: Majority 47.

List of the AYES.
A'Court, Capt. Estcourt, T. G. B.
Allix, J. P. Flower, Sir J.
Baring, hn. W. B. Fuller, A. E.
Blackburne, J. I. Gaskell, J. Milnes
Boldero, H. G. Gore, M.
Boyd, J. Graham, rt. hn. Sir J.
Brotherton, J. Hardinge, rt. hn. Sir H.
Bruce, Lord E. Hawes, B.
Clerk, Sir G. Henniker, Lord
Cripps, W. Hindley, C.
Damer, hon. Col. Hope, hon. C.
Darby, G. Hume, J.
Douglas, Sir H. Knatchbull, rt. hn. Sir E
Duncombe, T. Lincoln, Earl of
Duncombe, hn, O. Lowther, J. H.
Escott, B. Mackinnon, W. A.
Nicholl, rt. Hon. J. Wakley, T.
Peel, J. Wawn, J. T.
Plumridge, Capt. Wellesley, Lord C.
Polhill, F. Williams, W.
Round, J. Wood, B.
Scholefield, J. Wood, G. W.
Smith, J. A. Wortley, hon. J. S.
Smith, rt. hn. T. B. C. Yorke, H. R.
Somerset, Lord G. TELLERS.
Sutton, hon. H. M. Fremantle, Sir T.
Trench, Sir F. W. Baring, H.
List of the NOES.
Henley, J. W. Smythe, hon. G.
Dickinson, F. H. TELLERS.
Manners, Lord J. Clive, Visct.
O'Brien, A. S. Henley,

Remaining clauses were agreed to.

The House resumed, bill to be reported.

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