HL Deb 14 June 1864 vol 175 cc1706-8

Order of the Day for the House to be put into a Committee on this Bill read.

THE BISHOP OF OXFORD

said, that his right rev. Brother the Bishop of Exeter, who had given notice of a Motion, on going into Committee on this Bill, to move that a Select Committee be appointed to consider and report on the Modes of Appeal proposed in the 83rd, 84th, and 85th. sec- tions of the Bill, had requested him to state to their Lordships that he had become so exhausted in his efforts to come to. and remain in the House, that he could not stay until this Bill was brought on. But as the most rev. Primate of Ireland bed intimated his intention not to proceed with the clauses which, were objected to that night, he (the Bishop of Oxford) would not move the Amendment of his right rev. Brother; and he would take that opportunity of stating that he would withdraw the Amendment of which he had himself given notice and leave the matter in the hands of the most rev. Prelate.

House in Committee.

Clauses 1 to 82 agreed to.

THE ARCHBISHOP OF ARMACH

moved to omit Clauses, 83, 84. and 85.

THE EARL OF BELMORE

said, that although he Bought that the most rev. Prelate had taken a prudent course in consenting to the rejection of these clauses, which related to the question of the final appeal in matters of doctrine, when he found that, from the state of feeling in the House with regard, to them, to press them would endanger the safety of the Bill, it was a matter very much to be regretted that it was rendered necessary to give them up. The Court of Final Appeal in Ireland at present was the Court of Delegates, which he was informed consisted of three Puisne Judges and a certain, number of civilians. Now, in: Ireland, there were nine Puisne Judges, six of whom were now Roman Catholics, so that practically there were only three Judges who could be members of this court. Of the remaining persons, namely, the civilians, he doubted if there were any who were well qualified to undertake this sort of duty. With regard to the alternative, namely, the Judicial Committee (of the English Privy Council) he would not undertake to say whether it was a satisfactory tribunal or not, but what he wished to. insist upon was, that he considered that under the 5th Article of the Act of Union, the Church of Ireland had an absolute right to have in matters of doctrine the same Court of Final Appeal as the Church of England. The terms of that Article were, that, the doctrine, worship, discipline, and government; of the said Church (meaning the Church of Ireland) shall be and shall remain, in full force for ever, as the same are by law established for the Church of England." And he (Lord Belmore) could not see now, as long as there were two separate Courts of Final Appeal this uniformity could be made certain. At the same time, as he said before, he thought that the most rev. Prelate had exercised a wise discretion in now yielding this point, which might be more successfully brought forward another day, rather than risk the safety of this very important measure.

Clauses struck out.

Remaining clauses agreed to.

Report of the Amendments to be received on Friday next; and Bill to be printed as amended. (No. 132.)

House adjourned at half past Seven o'clock, to Thursday next, half past Ten o'clock.