HC Deb 10 February 1845 vol 77 cc238-40
Lord Ebrington

rose, 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of Exeter, praying that the statutes 2nd and 3rd of Edward VI., c. 1., and the 1st of Elizabeth, c. 2., might be repealed, and that the House would procure a calm and temperate review of the Book of Common Prayer, Rubrics, and Canons of the Church of England.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. 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.