§ Amendments reported (according to Order).
THE BISHOP OF WINCHESTERsaid, that at a former stage objection had been taken to the way in which the Bill proposed to deal with lunatic clergymen. He wished it to be understood that it was not the Bench of Bishops who had initiated legislation on this subject; but the Bill had been drawn up by the representatives of the clergy in the Lower House of Convocation, who protested against clergymen holding livings the duties of which they were not able to perform. He proposed to meet the difficulty which had been complained of by the introduction of a separate clause allowing the Bishop, through the Archdeacon, to appeal to the Lord Chancellor to take the course which the Lord Chancellor takes in other closely similar cases. Provision might thus be made for securing a retiring allowance. There were one or two other Amendments which were merely verbal.
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Amendment moved, after Clause 4, insert the following Clause:—
In case of any incumbent being afflicted with permanent mental incapacity it shall be lawful for the archdeacon, on the request of the Bishop to apply to The Lord Chancellor, or other the person or persons to whom the care of the estates and persons of lunatics may be intrusted by Her Majesty's sign manual, to direct the Committee, or, in the cases where there has not been any inquisition, to direct such person as to The Lord Chancellor or to such other person or persons as aforesaid shall seem fit, to resign the benefice in the name and on the part of the incumbent so incapacitated as aforesaid; and The Lord Chancellor, or such other person or persons as aforesaid, may therefore, if it shall to him or them seem fit, give such directions as may be proper for the resignation of the benefice, and for the assigning of a proper payment thereout for the benefit of the incumbent so incapacitated during his life, and such resignation shall have the same effect as if it had been made by the incumbent himself, and the allowance shall be paid in the same manner as in other cases provided for by this Act."—(The Lord Bishop of Winchester.)
§ EARL STANHOPEsaid, it appeared to him that there was much to recommend the Amendment. He would remark that no provision was made in the Bill for a retiring allowance when the living was of very small value.
THE BISHOP OF WINCHESTERsaid, this was a real difficulty; but the mea- 1344 sure would give very great advantages in the case of the larger livings though the smaller should be excluded. In such cases the remedy must be applied in the best manner practicable, with reference to the circumstances of each. He thought that in most cases they might rely upon the benevolence of the patrons and wealthier parishioners.
THE LORD CHANCELLORsaid, it was impossible to legislate for the case of a living so poor that it could afford neither a pension nor a curate. He thought they might rely upon the zeal of Churchmen to provide against the spiritual destitution of a place so unfortunately circumstanced.
§ Amendment agreed to.
§ Further Amendments made; Bill to be read 3a on Friday next, and to be printed, as amended. (No. 178).