Divorce Act. SIR H. THOMPSON-I think abundant proof has been brought forward in favour of the motion, but I find that this report of the committee of gravamina is to be considered as a sort of general remonstrance against the tone and spirit of the law. Now, I fear it is impossible that we should expect to persuade the Legislature to alter the law. There is no new principle in allowing parties, who have been guilty of adultery, and been divorced à vinculo de matrimonii, from marrying again, because that is a principle that has been affirmed by the Imperial Parliament for the last hundred years, during which time private Acts of Parliament have been carried to effect these divorces. But there is one thing we have lost sight of, and that is, that parties who are brought into court for an offence of this description are not punished. By the law of Moses, persons guilty of adultery were to be put to death, and I believe that if the parties who take their cases into the Divorce Court were punished by being sentenced to pass some months on the treadmill, or to a few years' transportation, there would not be so many of them. The REV. W. B. THOMAS-In all Acts of Parliament for divorces a clause is introduced, prohibiting the parties from re-marrying, but that clause is invariably struck out. It appears to me that the new act, instead of being a gravamen, is rather a relief to the clergy. Under the former state of things, when parties were divorced, by obtaining a licence and there was no legal impediment to their obtaining it-they could always have their marriage service performed by a minister of the Church of England; but now, it appears, parties guilty of adultery cannot do that. I should be sorry to give a vote without more investigation. I have prepared a proposition on the subject under discussion, and regret that it is not before the house. It is to this effect that this house desires to express to their lordships of the Upper House the serious anxiety they entertain on the subject of the law of marriage and divorce, and their earnest hope that their lordships will induce the Legislature to inquire into the operation of such changes, with especial reference to their effect on the morals of the nation. It appears to me that the real difficulties of the question were greatly misrepresented, and misstated in the newspapers at the time the discussions were going on; and even some of the debates in Parliament show an entire misconception as to the real difficulty. The PROLOCUTOR-I may remark that we are not arguing whether the act is a wise or an unwise one, but that it was passed without reference to the opinions of Convocation. We have nothing to do with the wisdom or unwisdom of the act. The REV. W. B. THOMAS-My intention in rising was to move my proposition as an amendment. The PROLOCUTOR-I can only entertain the question as an articulus clem. If it were a motion for an address to the Upper House, I should not entertain it at all, but should at once proceed to the business referred to us by the President. The REV. W. B. THOMAS-My difficulty in voting is this. I cannot say "Yes," although in principle I agree with the report. If I am out of order in moving the amendment, I will sit down, merely Diaconate. remarking that I hope the house will understand that the importance of the question is the real reason for entering into the debate, and that the discussion which has taken place will not be considered a loss of time. The REV. F. C. MASSINGBERD-I think I have been misunderstood. In my judgment the question does not rest upon the canon, but on the law of England in Church and State, as laid down in the report of the Royal Commissioners on Marriage and Divorce, wherein it is most distinctly stated, on the authority of Sir John Stoddart and Dr. Lushington, that marriage was, up to that time, absolutely indissoluble, and who place that law on the fact, that such was the law before the Reformation in England, and has never been repealed. The PROLOCUTOR-I will now put the question. The committee have reported thus:-"The committee are of opinion that since this act is felt by a very large number of the clergy materially to have changed the law of the Church, and to press hardly upon them, it ought to be amended. The committee also, fully recognising the supreme power of the Imperial Parliament to legislate for all estates of men within the realm, are of opinion that when changes in the law are proposed, which would affect the doctrines of the Articles of the Church, or the duties required of the clergy, it is desirable that the advice of the clergy should be sought before the enactment of such changes." Upon that report being laid upon the table, Canon Selwyn has claimed the right to frame it as an articulus cleri and carry it to the Upper House; and has proposed to say, instead of "the committee are of opinion," "the house is of opinion." In that shape it may be carried to the Upper House. But Mr. Massingberd has proposed an amendment, in this form-instead of the words in the report, materially to change the law of the Church," to insert the following words:"to have placed the law of the State at variance with the law of the Church." The vote which I have to take is this:-"That the words proposed to be substituted, stand part of the articulus cleri." Afterwards I shall propose, as a substantive motion, that it be adopted as an articulus cleri. 66 A show of hands was then taken on Mr. Massingberd's amendment. The PROLOCUTOR declared the numbers to be equal, whereupon a division took place: For the amendment 28 33 5 Majority against the amendment ............ The question that the report be adopted as an articulus cleri was put and carried. EXTENSION OF THE DIACONATE. ARCHDEACON BICKERSTETH-It will be in the recollection of the house that, two years ago, a committee was formed of the two houses, to consider the whole subject of the Home and Foreign Missions of the Church. The Lower House presented their report at the beginning of the last session, and by the direction of the President that report 5 was taken into consideration, and was the subject of considerable deliberation. The Lower House having discussed the first part of that report, formed upon it a representation which was sent up to the Upper House. That representation contained a recommendation that the question of the extension of the Diaconate should be referred to a committee, and the Prolocutor having appointed such committee, they had prepared a report, which I will now read: The committee appointed to consider, 1, Whether the Diaconate might not be extended in such a manner as to mark more distinctly the difference between that order and the Priesthood, and thus to give increased efficiency to both, by a better adjustment of their several duties, as defined in the Ordinal of the Book of Common Prayer; and, 2, Whether it might not be expedient to revive the ancient order of "Readers," as was designed by Archbishop Parker immediately after the Reformation,— beg to report as follows: I. In considering the questions submitted to us, we have assumed (1.) That there is an urgent necessity for additional agencies within the Church of England, adapted to the present circumstances of our country. (2.) That there are many persons, in different stations of life, who would rejoice to be employed in the work of the Church under some definite and authoritative commission, but who are precluded by various causes from becoming candidates for holy orders. II. With these facts before us, we have first of all turned our attention to that part of our instructions which directs us to consider the best means of promoting the efficiency of the Diaconate, with a special regard to its distinctive and subordinate character. III. The distinction between the second and third order of the Christian ministry is clearly defined in our Ordinal. This distinction has, however, been very much lost sight of, partly in consequence of the Diaconate being considered merely as a stepping-stone to the Priesthood, and partly in consequence of the deacon having not unfrequently been placed in the sole charge of a parish. We think that the difference between the deacon and the priest would be marked more distinctly, if the deacons were encouraged to continue in that order, whenever practicable, for a longer period than is now usual before they are advanced to the Priesthood; and that it would contribute greatly to the efficiency of their future ministry if they could be placed under the direction of experienced incumbents during their diaconate. IV. We have next considered whether this third and lowest order of our Church is capable of any extension, so as to admit the persons already alluded to, who may be supposed capable of rendering efficient service under regular appointment. But we regret to say that we find serious obstacles in the way of such extension, and for the following reasons: (a.) The indelible character of the Diaconate constitutes one great difficulty; inasmuch as the Church might on this account often lose the help of those who could give the service of a time, but not the service of a life, to this especial part of her work. (b.) The amount of literary qualification, as required by the Ordinal and the canon, presents another difficulty. The persons whose services are sought could not for the most part be admitted, unless the strictness of the examination were relaxed. And, inasmuch as it would be practically impossible to have different degrees of qualification for the same order, there is too much reason to fear that the whole standard of qualification for admission into the Christian ministry might ultimately be lowered. (c.) Other impediments present themselves from the provisions of statute law which affect persons in Deacons' Orders.* V. From these and other considerations we are of opinion, that, whatever increase may take place in the number of persons admitted to the Diaconate, a new agency is also required, which may be supplemental to it, and disturb as little as possible our present ecclesiastical system. *For example, clergymen in holy orders are exempt from serving on juries (6 Geo. IV., c. 50, s. 2). They are also precluded from sitting in Parliament (Stephen's Commentaries, vol. ii., p. 391), or from engaging in trade (1 and 2 Vic., e. 106, s. 29), &c. Prayers. VI. Our attention has therefore been directed, in the next place, and according to our instructions, to the expediency of reviving the ancient order of Readers. We find that this office, which can be traced back to the third century, or even to an earlier period, was partially restored, at least in name, for a short time, immediately after the Reformation. The purpose of its restoration was to secure parishes from being entirely destitute of all religious teaching, there being a want at that time of persons duly qualified, in respect of learning, for admission into holy orders. That want, indeed, no longer exists. But a class of persons is now needed to assist incumbents of populous and scattered parishes in house-to-house visitation, in catechising, and in performing such religious services as may be assigned to them by competent ecclesiastical authority. VII. Various terms have been suggested as indicative of the nature of the office which the present necessities of the Church require. But, whatever name may be assigned to the office, we think that its duties should be so adjusted that it may include persons of all ranks and classes of society; the time of some being given wholly to the work; of others, only in part; some receiving stipends, and others rendering gratuitous services; that those admitted to it should be subject to ecclesiastical jurisdiction, receiving their commission on the nomination of the incumbent from the Bishop of the diocese, after due examination as to their moral character, their religious knowledge, and their efficiency, with the solemnity of a public service in the church, and by an instrument under the Episcopal hand and seal; and that they should be in all respects under the control and direction of the incumbent in whose parish they are employed. We further think that they should be at liberty at any time whatever to resign the commission so received from the Bishop, and that the Bishop, on the other hand should have the authority to revoke such commission on the ground of erroneous teaching or immoral conduct. VIII. We make this recommendation with a full conviction of the pressing wants of the Church of England, and of the need of a greatly multiplied agency to enable her to fulfil the purposes of her high and holy calling. Nor would we conclude without the earnest prayer that, whether by these or by some other means, an "effectual door " may be opened for the piety and zeal of those who seek, by a definite mission from the Church, and in hearty communion with her, to promote the temporal and spiritual welfare of their fellow-creatures. The report was ordered to be laid on the table. ARCHDEACON BICKERSTETH—I give notice that I shall take the earliest opportunity of moving that the report be adopted by the house and framed into a representation to the Upper House. SPECIAL PRAYERS. ARCHDEACON DENISON-I rise to move the resolution of which I have given notice, relative to the suspension of the standing orders, namely That the standing order be now suspended with the view of requesting the concurrence of the Upper House in an Address to the Crown, praying that her Majesty will be graciously pleased to order the preparation of such forms of prayer as appear to be required by the necessities of the Church; for example, a form of prayer and thanksgiving for the mercies vouchsafed to this Church and people, and of another form of prayer and humiliation for the sins of this Church and people-to be used from time to time as her Majesty may be pleased to direct; and that her Majesty will be graciously pleased to order that the said forms be laid before the Bishops and clergy in Convocation assembled for their deliberation thereupon. Having some little ground for hoping that a message will be sent down from the other house on this subject, I will leave the house to say whether they will proceed with the matter now, or wait for a communication from their lordships. It is hardly necessary for me to say that it will be far better for the Upper House to take the initiative, Missions. and I am perfectly willing to postpone my motion until the intention of their lordships can be ascertained; but I am extremely desirous that the house should not separate without recording its opinion on a subject of such importance. I will withdraw my motion for the present, on the understanding that if no communication comes from the Upper House, I shall be at liberty to renew it at any moment. The PROLOCUTOR-I did not interpose because I understood that Archdeacon Denison would withdraw his motion. Had he not taken that course, I should have felt bound to refuse to submit it to the house, which had other business before it. ARCHDEACON DENISON-I submit that a motion for the suspension of the standing orders takes precedence of all others. The PROLOCUTOR-I do not consider it a motion. When there is no business before us from the other house, no doubt a motion of that kind may be proposed, but when there is business no such motion could be interposed. ARCHDEACON DENISON-I submit, on the authority of the report which was read at the commencement of the session, that a motion to suspend the standing orders has precedence over all other motions whatsoever. The PROLOCUTOR-But this is not a motion. HOME AND FOREIGN MISSIONS. ARCHDEACON BICKERSTETH-In moving that the house resume the consideration of the "Report of the Committee of the Lower House of Convocation on Home and Foreign Missions" (the first portion of which was discussed during the sessions of February, 1858),* I would suggest that the most convenient course would be to proceed paragraph by paragraph with the second portion of that report, headed "Foreign Missions." The REV. J. FENDALL-I wish to know how far it is in our power to alter anything contained in that report. Are we to consider that it has been received and adopted? The PROLOCUTOR-Certainly not. The report is on the table as the report of the committee. The house is now framing a representation, founded on their report, to send to the Upper House. ARCHDEACON BICKERSTETH read the first paragraph, as follows:Upon the subject of Foreign Missions we feel that the prominent position which England holds among the nations-her vast resources and widely extended commerceher long enjoyment of temporal blessings-and, above all, her possession, through the Divine mercy, of the Gospel in its purity, are privileges which carry with them the gravest responsibility. Possessing, as we humbly trust we do, the blessing of evangelical truth and apostolical order, and ample means for the fulfilment of the command, Go ye into all the world," &c., we are solemnly accountable for the recommending of that blessing throughout Christendom, and for the extending of it throughout the world. The paragraph was agreed to, with some verbal amendments. The emigration from this country at one time during the last few years was averag * Chronicle of Convocation, Sessions Feb. 10, 11, 12, 1858. |