HC Deb 24 July 1861 vol 164 cc1449-50

Order for Second Reading read.

SIR GEORGE LEWIS

said, he would move that this Bill be read the second time.

MR. HENLEY

said, that the measure would naturally have attracted extremely little attention but for the beautiful hieroglyphic "&c." attached to the end of its modest title. Nothing could be more objectionable than the introduction of matter of substance into a Continuance Bill, and he trusted that the House would not allow matter to be inserted in the proposed continuance measure which, although it had nothing on earth to do with its purport, might possibly have slipped through without observation or discussion. The Bill professed to be a Bill "to continue the Act concerning the management of Episcopal and Capitular Estates in England, and further to amend certain Acts relating to the Ecclesiastical Commissioners for England." In these last words they had the development of the "&c." The first clause did what was rather a wonderful thing in ecclesiastical legislation; it recited a provision out of another Act of Parliament—namely, that it should not be necessary for a dean to hold a canonry residentiary. It was something extraordinary to enact that a man could not he a dean without being something else besides; but, nevertheless, the fact was so. The clause went on to say that, in spite of not holding a canonry residentiary, the person in question should be permitted to share in those benefits which a canon residentiary might have shared. It then declared that, prior to the passing of an Act of the 5th of Victoria, the Dean of Hereford had invariably held one of the six canonries residentiary founded in that cathedral church. But it seemed that, it not being necessary to his deanery that he should hold one of those canonries, he did not now hold one. The logic of the clause was very curious. The provision proceeded to say that the Dean and Chapter of Hereford were trustees of a certain charity in Ledbury called the Hospital of St. Catherine, and that it had been settled by the Court of Exchequer that the warden of that hospital should be one of the canons residentiary of Hereford Cathedral. The clause went on to say that the Dean not being a canon residentiary, and the Court of Exchequer having decided that none but a canon residentiary could be warden, therefore, the Dean of Hereford should be the warden. Without giving any opinion as to the propriety of the clause, he would only remark that the Ecelesiastical Commissioners found deans to be awkward persons to deal with, and he did not think the right hon. Gentleman would find them less awkward. He hoped the Government would consent to strike out from the Bill all that was not strictly continuance.

Sir GEORGE LEWIS

said, he was not disposed to contest the point, especially at that period of the Session and that hour of the day; although ho thought the clause was unobjectionable and not without precedent. He admitted, however, that it was an inconvenient practice to introduce new matter into a continuance Bill, and as it was objected to, he would be prepared to strike out the two clauses referred to in Committee.

Bill read 2°, and committed for Tomorrow.