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marry, thus.

different bar. He declares, “that nothing but the total abolition of the payment of tithe in any shape, will satisfy the Catholics of Ireland.”

A member of the Committee, not quite understanding this blowing hot and cold, requests this representation of Catholic consistency, to reconcile the evidence now given with that which he gave before. And how, in the name of Mercury, does he explain himself? Why,

“ The Clergy of the establishment have endeavoured to convert the Catholics, which I consider a good reason for having changed my mind; whether the Committee think I am justified or not, is for them to determine."

“ One milk-white lamb,” says the fable, was pastured in a green meadow, watered by a flowing stream. The wolf intreated the shepherd to permit him also to graze and drink. His appetite, he said, was changed: he loathed his former voracity: his only wish was for a quiet and pastoral life. His request is granted ; a compact of peace is made; and he is permitted to crop the pasture and to slake his thirst. At a distance below him, the timid lamb at length comes down to drink. The gaunt monster looks upon her with longing eye: and seeks a pretext to break his promise. Audacious rebel,' he exclaims,

how dare you trample in my stream and disturb my draught ?' * Nay, father,' replies the lamb, ' the river flows naturally from you to me.' "Then are you doubly guilty,' he rejoins, you enjoy the water which escaped my lips.' The result is plain. The shepherd in vain lamented the loss of his lamb: but 'Why,' said he, in the bitterness of his heart, 'Why did I trust the wolf ?""

Many pious persons object to controversy; others say, contro. versy, like war, is a necessary evil.” May not what Milton says of vice and virtue be turned thus?

I hate when Error bolts her arguments, And Truth can find no tongue to check her pride."-DR. THOMPSON. CATHOLICISM.—At the fair now holding at Lisle, there is a large booth erected in one of the most populous and respectable streets, in which are exhibited the birth, ministry, sufferings, crucifixion, resurrection and ascension of our Lord Jesus Christ, in a series of performances, in which the actors are figures of wood two feet in height. The advertisement outside announces, that it is by permission of the authorities, and details the history of the performance. The admission is half a franc, or five-pence. A man on the platform invites customers in the usual buffoon style, and whilst the representation of these solemn mysteries is thus ludicrously burlesqued, a band, in which a drum is most conspicuous, plays all kinds of merry airs, amongst which, the tunes commonly adapted to many street-ballads are frequently heard. I once saw at Namur a similar booth, but the actor there was one of the showmen, who personified the Redeemer. Such are the remnants of the old church mysteries, and such the inconsistency of Roman Catholicism.- From the Notes of a Rambler, September 3, 1831.

ILLUSTRATION OF St. John IX. 4, 14.-On the road between Ostend and Bruges in West Flanders, we passed a shepherd with his flock. He was walking in the middle of the chaussée with his dog beside

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him, and the sheep, about thirty in number, following him close to his heels; there were one or two stragglers who stopped to browse by the ditch-side, but, on being called, they ran on to join the rest of the dock. I was forcibly reminded of our blessed Lord's expression : "When he putteth forth his own sheep he goeth before them, and the sheep follow him, for they know his voice." "I am the good Shepherd, and know my sheep, and am known of mine." In England, we are too frequently greeted with a different spectacle-sheep driven and persecuted by dogs, even in the streets of the city. Such a humble illustration as this of a scriptural allusion serves to render agreeable the most tedious journey in the most wretched country; and if our wanderers from home would look about them, they might see many things worth remembering and repeating.-Ibid, August 4, 1831,

PSALM XIX.
The heavens declare th' Almighty's praise :
His work the firmament displays;
Day testifies to day his might,
And night recounts his power to night.
No breath is theirs,-no voice,-no word;
Yet far the glorious tale is heard;
In every clime is known their sound;
Their speech to earth's extremest bound.
Mid the bright squadrons of the sky,
He pitch'd the Sun's pavilion high;
Like bridegroom from the nuptial bower,
Like racer, joying in his power,
Forth springs the mighty Light,--to bend
His course from end of heaven to end ;
Mountain and vale and hill and stream
Warming with animative beam.
But perfect 'mid the spirit's gloom,
Thy laws, O Lord, can more illume;
Thy sure words make the simple wise,
Rejoice the heart, and light the eyes.
Thy fear is pure, for ever new;
Thy judgments holy, just, and true;
More to be sought than golden ore,
And sweeter than the honied store.
Hence is thy servant warn'd, O Lord!
These to obey is great reward !
Who can his errors nightly see?
From secret faults O cleanse thou me!
O keep me from presumption's reign!
So shall I 'scape transgression's stain ;
My every word, my each design,
Lord ! Rock! Redeemer! make Thou thine !

H. T.

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No. VII.-ON THE BURIAL OF A DISSENTER BY A CLERGYMAN,

AND ON LAY BAPTISM.
ARCHES COURT OF CANTERBURY, MICHAELMAS TERM, 1809.

KEMP v. WICKES. JUDGMENT. — Sir John Nicholl. the Book of Common Prayer, that is This suit is brought against the Rev. brought to the Church to him upon John Wight Wickes, described as the Sundays or holidays to be christened; Rector of Wardly cum Belton, for or to bury any corpse that is brought refusing to bury the infant child of to the Church or Church-yard, (contwo of his parishioners. The usual venient warning being given him proceedings have been had in the thereof before) in such manner and institution of this suit; and articles form as is prescribed in the Book of are now offered, detailing the circum- Common Prayer: and if he shall refuse stances of the charge proposed to be to christen the one or bury the other, proved. The admission of these arti- except the party deceased were de cles is opposed, not upon the form of nounced excommunicated majori exthe pleading, but upon the entire law communicatione for some grievous and of the case; it being contended, that notorious crime, (and no man able to if the facts are all true, still the clergy- testify of his repentance) he shall be man has acted properly, and has been suspended by the bishop of the diocese guilty of no offence. This is certainly from his ministry for the space of three the proper stage of the cause for taking months." the decision of the Court upon the The articles then go on to plead, point of law; for, if the facts when “that Mr. Wickes did in August, 1808, proved should constitute no offence, it refuse bury Hannah Swingler, the will only be involving the parties in infant daughter of John Swingler and useless litigation, and keeping alive Mary Swingler his wife, of the parish unnecessary animosity, if they should of Wardley cum Belton aforesaid, go on to the proof of these facts. If, then brought to the said Church, or on the other hand, the facts are true, church-yard, convenient warning and the defendant has, through igno- having been given : that Hannah rance of the law, or otherwise, violated Swingler died within the parish of its injunctions, it is the shortest way Wardley cum Belton, and being the to admit the facts, and to submit to daughter of the said John Swingler the legal consequences. It is indeed and Mary Swingler his wife, who are to be collected, from the mode in which Protestant Dissenters from the Church the arguments have been conducted, of England of the class or denominathat a spirit of candour actuates both tion of Calvinistic Independents, had the parties; they wishing merely to been first baptized according to the ascertain by a judicial decision what form of baptism generally observed the law is upon the subject, in order among that class of Dissenters; that to set the question at rest generally, is to say, with water, and in the name and in order that these particular par- of the Father, and of the Son, and of ties may live in charity and kindness the Holy Ghost, by the Reverend with each other.

George Gill, a minister, preacher, or The articles plead, in the first place, teacher, in all respects duly qualified the incumbency of Mr. Wickes. In according to law, and of the same the second article the 68th canon is class of Protestant Dissenters; and recited, which directs “that no minis- that of that fact of baptism Mr. Wickes ter shall refuse or delay to christen was sufficiently apprized, upon appliany child according to the form of cation being made for the burial of

A minister of the Established Church cannot refuse to bury the child of a Dissenter.

the infant in the church-yard of the state, “that the office is not to be used said parish in manner and form as is for persons unbaptized or excommuprescribed in the Book of Common nicated, or who have laid violent hands Prayer: but he assigned the same,”

upon themselves." that is, the form of baptism, “expressly These directions, contained in the as the ground of his not complying Rubric, are clearly of binding obligawith the said application.”. Here, tion and authority Questions indeed then, it is pleaded, and it is under- have been raised respecting the Canons taken to be proved, and at present in of 1603, which were never confirmed this respect the articles must be taken by Parliament, whether they do, in to be true, that Mr. Wickes did not certain instances, and proprio vigore, doubt on the question of fact that the bind the laity: but the Book of Cominfant had been so baptized; but he mon Prayer, and therefore the Rubric refused upon the ground of law, contained in the Book of Common namely, that he was not bound to Prayer, has been confirmed by parliabury a person of that description. The ment. Anciently, and before the Reremaining articles are in the usual formation, various liturgies were used form; they are not material to be in this country; and it should seem stated for the purpose of considering as if each bishop might in his own the question that is now to be decided. particular diocese direct the form in

In these articles it is pleaded that which the public service was to be the minister was required by regular performed: but after the Reformation, warning to bury this infant in the form in the reigns of Edward the Sixth and prescribed by the Book of Common Queen Elizabeth, acts of uniformity Prayer and by the Canon. The Canon, passed, and those acts of uniformity not made merely (as has been thrown established a particular Liturgy to be out) for the protection of the clergy, used throughout the kingdom. King but made for their discipline also, and James the First made some alteration to enforce the performance of their in the Liturgy; particularly, as it will duty, prohibits the refusal of burial in be necessary to notice, in this matter all cases except in the case of excom- of baptism. Immediately upon the municated persons, and punishes such Restoration, the Book of Common refusal ; and perhaps the learned Prayer was revised. An attempt was Counsel who spoke last is correct in then made to render it satisfactory, saying, that by the general descrip- both to the Church itself, and to those tion " persons” is here to be under- who dissented from the Church, parstood Christian persons; and therefore ticularly to the Presbyterians; and for that, where application was made for that purpose conferences were held at the burial of any persons who might the Savoy: but the other party renot be considered as Christians, they quiring an entire new Liturgy on an did not come within the description of entire new plan, the conference broke the Canon. The Rubric, however, up without success. The Liturgy was which is that part of the Book of then revised by the two houses of ConCommon Prayer that contains direc- vocation; it was approved by the King, tions for the performance of the dif- it was presented to the Parliament, ferent offices, adds two other exceptions and an act passed confirming it in the expressly. The Rubric before the 13th and 14th Charles II., being the office of burial is in this form :- last act which has passed upon the “Here is to be noted, that the office subject; and so it stands confirmed ensuing is not to be used for any that to this day, except so far as any alteradie unbaptized, or excommunicate, or tion may have been produced by the have laid violent hands upon them- Toleration Act, or by any subsequent selves.” And, by the old law, burial statutes. was refused to persons of the same The Rubric then, or the directions description, and indeed of some other of the Book of Common Prayer, form descriptions ; persons who had fallen a part of the statute law of the land. in duels, and some others, were inter- Now that law in the Rubric forbids dieted from receiving Christian burial: the burial service to be used for persons but here the Rubric does expressly who die unbaptized. It is not matter VOL. XIV. NO. IX,

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of opiion; it is not matter of expedi- person was baptized according to the ency and benevolence (as seems to form used among the Calvinistic Inhave been represented in argument,) dependents; and that another person whether a clergyman shall administer was baptized according to the form the burial service, or shall refuse it; used by the Church of England: but for the Rubric, thus confirmed by the it could not be said of any of those statute, expressly enjoins him not to persons that they were unbaptized, perform the office in the specified each had been admitted into the Chriscases; and the question is, whether tian Church in a particular form; but this infant, baptized with water in the the ceremony of baptism would not name of the Father, the Son, and the have remained unadministered, proHoly Ghost, by a Dissenting minister, vided the essence of baptism, accordwho is pleaded to have qualified him- ing to what has generally been received self according to the regulations of the among Christiaus as the essence of Toleration Act, did die unbaptized baptism, had taken place. within the true meaning of the Rubric. Such being the general meaning of If the child died unbaptized, the the word in its ordinary application minister was not only justified, but it and use, and standing unconnected was his duty, and he was enjoined by with this particular law, is there any law, not to perform the service. If thing in the law itself, in its context, the child did not die unbaptized, then that varies or limits its meaning ? The he has violated the Canon, by a refusal context is, that the office shall not be neither justified by any exception con- used for persons who die unbaptized, tained in the Canon itself expressly, or excommunicate, or that lay violent nor by any subsequent law.

hands upon themselves. What, then, The question has been most ably is the description of persons excluded and most elaborately argued by the from burial that is put in association counsel on both sides; and not only with these unbaptized persons? Exare the parties, but certainly the Court communicated persons and suicides. itself is, under very considerable obli- Now excommunication, in the gation to them for the assistance which meaning of the law of the English it has received in considering this Church, is not merely an expulsion question.

from the Church of England, but from To ascertain the true meaning of the Christian Church generally. The the law, the ordinary rules of con- ecclesiastical law excommunicates struction must be resorted to; first, by Papists. The ecclesiastical law exconsidering the words in their plain communicates Presbyterians. Dismeaning and in their general sense, senters of all descriptions from the unconnected with the law; and, in the Church of England are liable to exnext place, by examining whether any communication. But what is meant special meaning can be affixed to the by the Church of England by the words, when connected with the law, term of excommunication can be best either in its context or in its history. explained by the articles of that Church.

The plain simple import of the word By the 33d article it is expressly stated, “unbaptized,” in its general sense, and “That person which by open denununconnected with the Rubric, is, ob- ciation of the Church is rightly cut off viously, a person not baptized at all, from the unity of the Church and not initiated into the Christian Church. excommunicated, ought to be taken In common parlance, as it is some- of the whole multitude of the faithful times expressed, that is, in the ordi- as an heathen and publican until he nary mode of speech and in the common be openly reconciled by penance, and use of language, it may be said that received into the Church by a judge this person A. was baptized according that hath authority thereunto :” that to the form of the Romish Church; is, he is no longer to be considered as that another person B. was baptized a Christian, no longer to be considered according to the form of the Greek as a member of the Christian Church Church; that another person C. was universal, but he is to be considered baptized according to the form of the "as an heathen and a publican," for Presbyterian Church; that another those are the words of the article.

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