Commons Sitting of 10 February 1845

MINUTES.
NEW WRIT.—For Lewes, v. Hon. Henry Fitzroy, Commissioner of the Admiralty.
BILLS. Public. — 2°. Companies Clauses Consolidation; Railway Clauses Consolidation; Lands Clauses Consolidation; Lands Clauses Consolidation (Scotland); Railway Clauses Consolidation (Scotland); Companies Clauses Consolidation (Scotland).
PETITIONS PRESENTED. By Mr. Christopher, from Attorneys and Solicitors of Barton-upon-Humber, and Winterton, against the Stamp Duty on Attorneys' Certificates.—From Mayor, and others, of Kendal, against the Paper Duty.—By Viscount Duncan, from Bath, against the Window Tax.—By Mr. Galley Knight, from Gringley-on-the-Hill, in favour of the Field Gardens' Bill.—By Mr. Stansfield, from Medical Practitioners of Huddersfield, and by Mr. Christopher, from Horncastle, against Medical Practice Bill (1844).

LORD ELLENBOROUGH.
Mr. Humewished to know whether the hon. Gentleman had any objection to lay on the Table the correspondence which took place between the Government and the Court of Directors, with respect to the recall of Lord Ellenborough. He had moved for this correspondence last Session, but he was not in time.
Mr. Baringsaid, it was not the intention of Government to lay that correspondence on the Table.
Mr. Hume: But though Government may not do it of their own accord, will they not consent in accordance with my Motion?
Mr. Baring: I have put the hon. Gentleman in possession of the views of Government.

IDOLATRY IN INDIA.
Sir R. H. Ingliswished to ask the hon. Member (Mr. Baring) two questions. The first was as to the course adopted by the Indian Government to carry out a Minute made by the President of the Council in Bengal, in the absence of the Governor-General, for effectually separating the Indian Government from all connexion with the idolatrous worship of the natives, and for withdrawing the annual payment of 60,000 rupees to the temple of Juggernaut, and, in lieu of it, restoring lands which had belonged to the temple, with the view to their being managed wholly by Hindoos? The second question was, what progress had been made by the Government of Madras in separating the pagoda lands intended for the promotion of Hindoo worship from all connexion with, or interference in, the appropriation or management of those lands by the Government of that Presidency.
Mr. Baringsaid, that the Government did not possess any further information as to what had been done in Madras on the subject beyond what the hon. Baronet was already aware of; but with respect to the proceedings in Bengal, be could state that a considerable estate, which had belonged to the temple of Juggernaut, had been restored to it, by which the annual sum of 60,000 rupees, heretofore paid to the temple, would be reduced to 36,000. Further steps would also be taken to prevent all connexion of the Indian Government with the management of any sums of money or estates set apart for the promotion of Hindoo worship, and he had no doubt that the orders transmitted from home on the subject would be fully carried out.

REVISION OF THE RUBRIC.
Lord Ebringtonrose, pursuant to the Notice he gave on Friday, to present a Petition from the Rev. Dr. Carwithen, rector of Stoke Clymeland, alias Climsland, in the diocese of Exeter, praying that the statutes 2nd and 3rd of Edward VI., c. 1., and the 1st of Elizabeth, c. 2., might be repealed, and

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that the House would procure a calm and temperate review of the Book of Common Prayer, Rubrics, and Canons of the Church of England. The Rev. Petitioner stated—
"That your petitioner is no less by inclination than by duty sincerely attached to the Protestant Church of England and Ireland as by law established, and therefore views with pain and regret the excited state of the diocese of Exeter, in consequence of several of the parochial ministers attempting a strict compliance with the Rubrics contained in the Book of Common Prayer, to the observance of which their attention has been especially called by the high authority of their Bishop.
"That your petitioner and his clerical brethren are bound, not only by their ordination vows, and by canon to 'reverently obey their ordinary in all things lawful and honest,' but are also liable to be indicted at the assizes held before my Lady the Queen's Justices in the county where the offence is committed, by any layman or other person whatsoever, for not complying with the Rubrics in the Bonk of Common Prayer in every particular even to the minutest point, under the statutes of 2 and 3 Edward VI., c. 1, and 1 Elizabeth, c. 2, and if convicted thereof 'by verdict of twelve men according to the laws of this realm, or according to their own confession, or by the notorious evidence of the fact,' will have to suffer heavy fine and imprisonment, and for the third offence deprivation of all ecclesiastical promotion, and imprisonment for life; and the Archbishops and Bishops are equally liable to the same indictments and penalties as the clergy.
"That your petitioner is, and always has been, very desirous to perform his clerical ministrations in such manner and form as the Rubrics require and custom has sanctioned; but in the present very excited state of the diocese of Exeter, and in consequence of three pastoral letters of the Bishop of that See, as it appears to your petitioner of very uncertain and different import, your petitioner is at a loss how to act with safety to himself and satisfaction to his parishioners in his official ministry, and that moreover it appears to your petitioner that the difficulty can only be gotten rid of by legislative enactments, as under the existing laws neither the Archbishops nor Bishops, individually or collectively, can alter or dispense with a single provision contained in the Rubrics.
"That in the opinion of your petitioner the Book of Common Prayer and its Rubrics are nearly in a state similar to that on the return of King Charles II. to this kingdom, when, being found defective and unsuited to the times, a royal letter was addressed to convocation, commanding a review of the Book of Common Prayer, when the convocation entrusted the business to a Committee, who made alterations and additions, which were submitted to and approved by Parliament, and confirmed by 13 and 14 Charles II., c. 4.
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"Your petitioner also, with all due deference, ventures to remark that Parliament has, without the consent of convocation, altered a Rubric, namely, as to the publication of banns of marriage, by passing the 26 George II., c. 33.
"Your petitioner therefore humbly prays your honourable House to take the subject into your gracious and serious consideration, to cause the statutes of 2 and 3 Edward VI., c. 1, and 1 Elizabeth, c. 2, to be repealed, and to adopt such measures as to your wisdom may seem fit, to procure a calm, moderate, and temperate review of the Book of Common Prayer, Rubrics, and Canons of the United Church of England and Ireland, as may have the effect of settling those differences of opinion and practice which now exist among those who have all subscribed before their respective bishops, and published to their parochial congregations the declaration 'that they will conform to the Liturgy of the Church of England and Ireland as by law established.'"
Petition laid on the Table.

EXPORT DUTY ON COALS.
Mr. Humesaid, that as there did not appear to be anything particular before the House, he had risen just to express a hope that, as the right hon. Baronet was about to lay before the House his plan of existing taxation, he would not forget the export duty on coals, on which he had been so much pressed, and with respect to which he had caused so much injury to the coal trade. As the right hon. Baronet had injured that trade so much, he hoped that in the forthcoming financial statement it would not be forgotten.
House adjourned at five o'clock.