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'The Ritualistic Prosecution., Issue 7904, 11 May 1889, Supplement
'The Ritualistic Prosecution.
In the Arches Court of Canterbury, the Bishop of Lincoln, the Right Rev. Dr King, appeared to answer the charges preferred against him by the Church Association of having taken part in certain ceremonies in his diocese other than the ceremonies prescribed by the Book of Common Prayer. The trial took place in the Library of Lambeth Palace. The Archbishop of Canterbury presided, and the other members of the Court present wero the Bishop of Winchester, the Bishop of London, the Bishop of Oxford, and the Bishop of Salisbury. Sir Jas. Parker Deane, Q.C. (the Vicar-General), attended as legal assistant to the Archbishop. Sir Horaco Davey, Q.C, M.P., Dr Tristram, and Mr Dankwerts have been retained as counsel for the Church Association ; while Sir Walter Phillimore, Q.C, Mr Jeune, Q.C, and Mr Kempe appeared for the Bishop of Lincoln. Messrs Wainwright and Bailey were solicitors for the promoters; and Messrs Brooks, Jenkins, and Co. for the Bishop.
The citation set forth inter alia : We do therefore enjoin and command you jointly and severally to cite or cause to be cited the said Right Rev. Elward, by divine permission Lord Bishop of Lincoln of the Palace, in the city of Lincoln and county of the same city, la the diocese of Lincoln and province of Canterbury, to appear before us or our Vicar-General in spirituals, or tome other competent ju;lge in this behalf, ia the hall at our Palace at Lambeth, in the county of Surrey, on Tuesday. thel2ch day of February, 1889, between the hours of eltven and twelve in the forenoon, to answer truly to certain articles, heads, positions, or interrogatories to he objected and administered to him touching and concerning his soul's health and the lawful correction and reformation of his manners and excesses; and more especially for _ having offended against the laws ecclesias ical by having, on the morning of the 4th day of December, 1887, in the Church of Bt_ Peter, at Gowts, in the city and diocese of Lincoln and Province of Cante: bury, when he w»s officiating as Bishop and the principal celebrant in the service for the administration of the Holy Communion in the same church, practised, caused, or permitted, or been party to and taken part in, the following ceremonies or observances, being ceremonies or observances in addition to and other than the ceremonies and observances prescribed by the Book of Common Prayer-namely, the use of lighted candles on the Communion table, or on a rotable or ledge immediately above the Communion table, and so constructed as to appear to form part of the said Communion table, when the said lighted candlos were not required for the purpose of gifing light; by mixing water with the Sacramental wine intended to be used in the Holy Communion, and_ by subsequently consecrating and administering to the communicants the wine and water so mixed; by causing or permitting to be said or sung before the reception of the elements, »nd immediately after the reading rf the Prayer of Oonseorition, the words or hymn or prayer commonly known as 'Ajjnus Dei'; by conspicuously and ceremonially, while pronouncing the Absolution and Benediction, making, with his hands uplifted towards the congrepation, the sign of the cross, and by immediately, after pronouncing the Benediction, practising, beiug a party to, and taking part in the ceremony of ablution—that is to s%y, of p-uring wine and water into the paten and chalice used in the c lebration of the Holy Communion, and then himself drinking up the said wine and water; and by having also, on the m.iriiing of the 18th dav of Derember. IRB7. 'n the Cathedral Church of the Blessed Virgin Mary of Lincoln, in the said diocese of Lincoln and province of Canterbury, while officiating as bishop and the principal celebrant during the service for the administration of the Holy Communion in the said cathedral, stood during the whole <>f such service down to the ordering of the bread and wine before the Prayer of Consecration on the ws«t instead of on the north side of the Holy Table; and by having, while Teading the Prayer of Consecration, stood on the west side of the Holy Table, with his faoe towards the > east, so that the communicants, when conveniently placed, could not pee hira break the bread and take the cup Into his hands; and by conspicuously, while pronouncing the Absolution and Benediction, making, with his hands uplifted towards the congregation, the sign of the cross; by immediately after pronouncing the Benediction practising, being a party to, and taking part in the aforesaid ceremony of ablution, thereby contravening the statutes, rubrics, constitutions, and canons ecclesiastical of England, and against the peace and unity of the Church of England. It had been reported that Dr King would appear 'in cope and mitre, but this was evidently not His Lordship's intention. Shortly before eleven o'clock he arrived, accompanied by his chaplains, and attired in the costume ordinarily worn by members of the Episcopal Bench. There was a considerable attendance, especially of clergymen and ladies, who were compelled to stand during i the proceedings behind a cord stretched aoross the Library. Extensive accommodation had been made for the convenience of the Press, but owing to the bad acoustic properties of the building, the observations by His Grace the Archbishop and the parties on either side were heard very indistinctly. The members of the Court arrived at a a quarter past eleven, and immediately took their seats on a semi-circular dais raised at the end of the building. The Archbishop, before opening the proceedings, read the two Good Friday collects, the Whit-Sunday collect, and the Lord's Prayer. The Archbishop then said: Has the Bishop of Lincoln anything to say before the Court is opened? The Bishop of Lincoln replied by reading the following protest : My Lord Archbishop,—l appear before your Grace in deference to the citation which I have
received, and in accordance with my oath of " duo reverence and obedience " to your Grace aud the See of Canterbury; but I appear under prolest detiricg, with all respect, to question the jurisdiction which your Grace proposes to exercise. I have been summoned to answer certain charges preferred against me before your Grace or your Grace's Vicar-General; and if it should appear that such is the Canonical Court before which one of your Grace's suffragans ought to be tried for Buch alleged spiritual off.nces, and wherein such offences can be folly and freely adjudicated upon on their merits, I shall be rady and thankful to answer for myself. But your Grace will pardon me if I submit that, as an recused person, and also in view of the grave issues involved in this case, and of their bearing on the wholo Church of England, as well as upon the position of all your Grace's suffragan?, I feel obliged, at the outset, to do what in me lies towards securing for myself, and therein for all members of the English Episcopate that form of ecclesiastical procedure by which yout Grace's Metropulitical authority can be most fittingly and regularly exercised. There can be no doubt that in accordance with the practice of the primitive church, the mo=t proper method for the trial of a bishop in such oases would be befoie the Metropo ikan with the comprovincial Bishops. It may also be held that a trial before the Archbishop as sole Judge might Impair the rightful posiiion of your Graoe'B suffragans, both individually and in relation to the province. I would, therefore, humbly pray your Grace to allow me to be heardby counsel on this point, whether your Grace's jurisdiction would not be more properly exercised, with, regard to the matters charged against me, by your Grace as Metropolitan with the_ comprovincial bishops, such matters to be adjudicated upon on their merits by your Grace with the advice and consent of the Bish >ps of the Province ; and whether, this being the case, I ought not to be dismissed from making any answer to the present citation. Having made this statement, I beg most respectfully to appoint my proitors, and leave ad legal nutters | in their hands and those of my counsel.
At the request of the President, the Registrar opened the Court. Mr Jenkins: I now exhibit the proxy of the Right Rev. the Lord Bishop of Lincoln appointing George Henry Brooks and Edgar Francis Jenkins, two of the ProcuratorsGeneral of the Arches Court of Canterbury, joint proctors in this cause, and on behalf of the Right Rev. the Bishop, and by virtue of that proxy, I now appear to the citations therein, but nevertheless under protest to the jurisdiction of your Grace the Lord Archbishop of Canterbury, and to your Vicar-General in this matter, and I pray to be heard in extension of such protest. Mr Wainwright (proctor to the promoters) : I exhibit the proxies of the four promoters in this suit—Mr Read, Mrßrowne, Mr Wilson, and Mr Marshall—and I also produce the citation which haß been duly served, with the affidavit of service annexed to it.
The President: What time will you require to extend your protest ? Sir Walter Phillimore: I ask your Grace or the Vicar-General to appoint a convenient time within which we can extend our protest, A week will be amply sufficient in our behalf if it will suit your Grace that that should be the period. The President (to the promoters): Will you take a week to extend the protest ? Dr Tristram: I ask your Grace to appoint Court days during the pendency of this case for the purpose of enabling the parties to bring in their pleadings, and to make such interlocutory applications as may be necessary. It was always usual in the Ecclesiastical Courts for all pleadings and other applications to be made in Court and not in the Registry; and after a perusal of the mode of procedure which was adopted in the case of Lacy v. the Bishop of St. David's, I find in that case the proceedings were the same in form as were in practice at that time in Doctors' Commons, and I apprehend in this case it would be convenient in the main to follow that practice. After argument the further hearing was adjourned to March 12.
'The Ritualistic Prosecution., Issue 7904, 11 May 1889, Supplement
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