LEGISLATIVE FUNCTIONS OF perils, imprisonment, and death, cha

In behalf of its propriety, no man can say a word, if he venerates the Scriptures, and is familiarized with the conduct, labours, sufferings, and doctrines of the primitive teachers of Christianity, to whose office the Anglican church affirms that her bishops have succeeded. Strange, indeed, this! when no one can read the New Testament, even in the most casual manner, without being struck with the fact, that a modern bishop is, in this and a thousand other circumstances, the very antipode of his assumed predecessors of the apostolic age. Poverty, disinterestedness, laborious exertion without hope of reward, and the deliberate encountering of

The number of bishops having seats in also by the passing of a bill " to restrain the House of Lords is thirty; namely, bishops and others in holy orders, from the two English archbishops, twenty-intermeddling with secular affairs." four English bishops, and four Irish This bill was sent up to the Lords on bishops; and they sit in the House the first of May, 1641, and was opposed (tell it not in Gath!) not as churchmen, in a lengthy speech by Bishop Hall,. or peers, representing the clergy, in their who concluded in the following words: various grades (for these are all repre- "To shut up therefore. Let us be sented with the commonalty in the taken off from all ordinary trade of seLower House); but as SOLDIERS!-cular employment, and, if you pleasè, that is, as BARONS, holding certain abridge us of intermeddling with matlands, by military tenure-tenants in ters of common justice; but leave us capite par baronium; and therefore possessed of those places and privileges compelled, under the feudal system, in Parliament which our predecessors by which they were created, to furnish have so long and peaceably enjoyed.”” their quota of knights, or men-at-arms, In its subsequent stages it was opposed and do other military service to the crown. True it is, that all this has now become fiction; but that alters not the nature or propriety of a bishop's tenure to his seat in Parliament.

But our object is not now to discuss formally this question; for that we hope to have other, and perhaps more proper occasions; our present displeasure at the anti-reforming propensities of the reverend bench somewhat unfit us to discuss a subject deeply affecting their very existence.

by Lord Newark, and by Williams, Bishop of Lincoln, and was finally rejected by the House, but a conference with the Commons was asked and granted. It is somewhat curious, that on the same day that the Peers rejected this bill, the Commons had read a second time, by a large majority, a bill, entitled, "An Act for the utter abolishing and taking away of all archbishops, bishops, their chancellors and commissaries; deans, deans and chapters; archdeacons, prebendaries, chanters, canons, It may not be known to some of our and other under-officers, out of the readers, that this question of the right church of England." On the 11th of and propriety of the bishops sitting in January, in the following year, a petiParliament, has been already once dis- tion was presented to the House of posed of as it should be, by Parliament Commons, from the inhabitants of the itself. A short account of the proceed-county of Bucks, in which they prayed ings may not be without interest at the that " Popish lords and bishops may be present moment. forthwith outed the House of Peers It appears, that the evils resulting without which the from the government of archbishops petitioners have not the least hope and lord bishops," &c. had gradually of the kingdom's peace;" and on acquired such a height and extent, dur- the 4th of February the bill passed the ing the period which elapsed between House of Lords, only the Bishops of the reigns of Henry VIII. and Charles I., Winchester, Rochester, and Worcester, that the attention of the House of dissenting. The King, however, reCommons was at length prayed for, in fused his assent, but promised to take order to their suppression, by a petition, the matter into consideration, and "send dated in the early part of December, an answer in convenient time," which 1640, and signed by 15,000 citizens being communicated to the Commons, of London. The Lower House imme- the House expressed its sorrow at the diately entered upon an investigation of delay, which they held to be as bad as a the allegations of the petitioners, which denial; and seeing "the passing of the issued in a censure being passed upon bill to be a matter of great importance, the whole body of the clergy, many of the vote of the whole kingdom being for whom were likewise severely punished, it, as may appear by daily petitions from by imprisonment and otherwise, and several," they obtained the concurrence

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of the Lords in drawing up three rea- the inconveniency of them. For their Tempo. sons for the speedy passing of the mea-ed by their temporal officers, the bill doth not ral Courts and Jurisdictions, which are executsure, and sent them up to the King by a concern them. Nor doth it reach to those cerdeputation. On the 14th the bill re-tificates of plurality of benefices, legality of ceived the royal assent," the grace and goodness" of which were formally acknowledged in an address from both Houses.

We conclude this historical sketch, with the reasons offered by the Commons to the Lords, for the passing of this measure, upon the latter rejecting the bill, when originally sent up to their House. Most of them are as cogent in the 19th century as they were in the 17th:

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marriage, and the like, which the bishops make and return by course of common law. The argument taken from the canons and laws ecclesiastical, must be considered as a fight against the bishops by their own weapons; a kind of Goliah's sword, to cut off Goliah's head: but not as though the House of Commons did thereby justify the legality of any of them.*] The proviso of the Universities and Temporal Lords may stand in the bill, if their Lordships so please. To this may be added, That there is an act preparing for regulating the Universities, and this proviso is but permitted to stay there till the act be effected."

TO ALL THE

PEOPLE OF ENGLAND, SCOTLAND, AND IRELAND,

BUT PARTICULARLY TO

THE PEOPLE OF HAMPSHIRE,

ON THE

AFFAIR OF THE

BARINGS AND THE DEACLES.

"Never esteem men merely on account of "their riches or their station. Respect goodness, find it where you may. Honour talent "wherever you find it unassociated with vice; "but honour it most when accompanied with "exertion, and especially when exerted in the "cause of truth and justice; and, above all "things, hold it in honour when it steps for"ward to protect defenceless innocence against "the attacks of powerful men."-COBBETT'S ENGLISH GRAMMAR, Letter XXIII.

"1st. That it [the sitting of bishops in Parliament] was a very great hinderance to their ministerial functions. 2dly. Because they do vow and undertake at their ordination, when they enter into holy orders, that they will give themselves wholly to that vocation. 3dly. Because councils and canons, in several ages, do forbid them to meddle with secular affairs. 4thly. Because the twenty-four bishops have a dependency upon the two archbishops, and because of their oath of canonical obedience to them. 5thly. Because they are but for their lives, and therefore unfit to have a legislative power over the honours, inheritance, persons, and liberty of others. 6thly. Because of bishops' dependencies and expectancies of translations to places of greater profit. 7thly. That several bishops have of late much encroached upon the consciences and properties of the subjects; and they and their successors will be much encouraged still to encroach, and the subjects will be much discouraged from complaining against such encroachments, when they are judges of those complaints. The same reason extends to (Continued from No. 5, column 317.) their legislative power, in any bill to pass for Mrs. DEACLE, as I have before observed, the regulation of their powers, upon any was, after about three days' imprisonment, emergent inconveniency by it. 8thly. Be- let out of the jail, and has never been called to cause the whole number of them is interested any account since. Mr. DEACLE also was let to maintain the jurisdiction of bishops, which out without bail of any sort or for any purhath been found so grievous to the three king-pose; but having threatened to bring an doms, that Scotland hath utterly abolished it, and multitudes in England and Ireland have petitioned against it. 9thly. Because the Bishops being Lords of Parliament, it setteth too great distance between them and the rest of their brethren in the Ministry; which occasioneth pride in them, discontent in others, and disquiet in the church.

"As to their having votes a long time since, the answer is, If inconvenient, time and usage are not to be considered by law-makers, some abbots voted in parliament as ancient as bishops, yet are taken away. For particular jurisdiction, as the deanry of Westminster, the Bishops of Durham and Ely, the Archbishop of York, which they are to execute in their own persons, the former reason shows

action against the magistrates, he was indicted for a misdemeanor, in going about with a paper to compel landlords and parsons to reduce rents and tithes. The trial of this indictment, however, was put off to the Lent Assizes, when he was tried and acquitted, as I before observed, in the most honourable manner, according to the declaration of the judge himself. He was acquitted, without having an opportunity of producing a witness in his defence, and without counsel being heard in his defence: the evidence against him was so manifestly good for nothing, that the judge

*This curious parenthesis is in the Report of the Conference in the Lords' Journals, but not in the Commons.

would not suffer any witness to be called in presented by the same Colonel EVANS, on the his defence Well, then, here we have the inno-22nd of August. It is from this petition that cence of the parties completely established: I have taken the statement above-mentioned. here we have proof that they ought not to have This petition, which told all the story about been seized at all: ought not to have been LONG and about BARNES seems to have astaken up, or troubled for a single moment, tounded the men of millions. A committee even in the mildest and most gentle manner. was talked of, after the petition had been preIf, then, the evidence produced upon the trial sented; but that went off somehow or anoof the action be taken to be true; if LEWING-ther, and nothing was done; and nothing TON and SWITZER and the servant-girl be not would have been done to this moment if the to be declared perjurers upon the bare word people had not taken up the matter; but they of the BARINGS, what are we to think of the did take it up. Petitious came pouring in from hand-cuffs; what are we to think of the drag- all parts of the country, praying for an invesging across the yard, the joltings in the cart, tigation into this affair. During two or three the cramming into a post-chaise with a com- nights, the excuse for not appointing a common jailer, and the cramming into jail as mittee was, that the BARINGS intended further felonious malefactors? legal proceedings. Member after Member deNow, please to mark. LEWINGTON's evi-clared that a committee ought to be granted. dence and the other constable's were given on but that, as further legal proceedings were inthe trial of the action at the Summer Assizes, tended by the BARINGS, the proceedings of a when the result was a verdict of fifty pounds committee might prejudice those proceedings. against BINGHAM BARING. This verdict as-Now, do mark this. ALEXANDER BARING tonished the whole world, as far as the news saw, of course, that if the committee was preof it reached. Every one exclaimed, "Fifty vented from this consideration, further legal pounds!" But Mr. DEACLE did nothing. proceedings must be commenced: and, thereHe was, probably, not very well contented fore, he then confessed that the family had conwith the verdict; but he was content to let sulted lawyers, and that they had resolved that, and the report of the trial, imperfect as not to take any further legal proceedings. that report was, produce their natural effect Oh! now then, a committee, of course; and upon the public mind. He and Mrs. DEACLE Colonel EVANS appointed Tuesday, the 27th had suffered a great deal, to be sure; but he of September, to move for that committee; was content with what he was sure would be after Mr. HUME had presented a second petithe decision of the public. He was not wrong tion calling for a committee; after this, Coin his calculations. The public cried aloud lonel EVANS did move for a committee, when, to against the actors in the scene at Marwell; the utter astonishment of all London, he was, and the press, urged on by the public, in- by the mouth of Lord ALTHORP, opposed by the veighed most bitterly against those parties. whole Government, who, upon this occasion, BINGHAM BARING had now to contend, not were joined by PEEL, GOULBOURN and BURwith Mr. and Mrs. DEACLE, but with the public DETT, all of whom said that they believed that and the press. Hepublished; and he made the the hon. Gentlemen, the BARINGS, most anxmatter worse. In this state of things, Colo-iously desired the committee, in order that nel EVANS, a Member of Parliament (without any intimation of his intention to Mr. DEACLE, observe), brought the subject before Parliament in the shape of a motion for the judges' notes, or something of that sort. But though he gave no intimation to Mr. DEACLE, he had taken care to give intimation of it to the BARINGS; and there were they and Mr. SERGEANT WILDE. It is not for me to say what these men said in Parliament; but it is for me say that the Morning Chronicle pub-assertions of Mr. and Mrs. DEACLE, but the lished under their names the most outrageous sworn evidence of LEWINGTON, SWITZER and abuse and most atrocious accusations against the servant-girl. Here are they most solemnly Mr. and Mrs. DEACLE; under the names of both declaring this; and, at the same time, refusthese men, the DEACLES were again accused of ing their hon. friends the only possible means acts of felony, though honourably acquitted at of making their innocence appear! But, my Winchester, in the manner before described; friends, mark particularly what the reporter and while the dirty printers, Jacob and John- ascribes to Lord ALTHORP. The reporter says, son, circulated these calumnies against Mr. that he pledged his honour, as a gentleman, and Mrs. DEACLE, they refused to publish a that "he opposed the motion with great unletter of Mr. DEACLE, written in his own de-" willingness, because he had a high esteem fence against those calumnies. "for the hou. Member for Portsmouth Thus stood the matter for a little while; but" (FRANCIS BARING), and it gave him great Mr. DEACLE, unable to get any means of rebutting these slanders, petitioned, along with Mrs. DEACLE, the House of Commons, by petition dated 29th July, and which petition was

they might clear themselves in the eyes of the public; but that it was a case which would render a committee improper.

The House at last divided, when there was a great majority against the committee. So that here are a parcel of people, telling us that they believe the BARINGS to be innocent, calling the BARINGS their honourable friends, having the greatest confidence that they would be able completely to disprove, not only the

pain to do any-thing which might prevent that gentleman from setting himself right "in the estimation of the public." This he declared upon the word of a man of honour

and a gentleman! After which, I think, we "tion." Here is not a son here; but here is may with propriety call him "the man of honour and the gentleman."

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something very near it. FRANCIS BARING is accused by Mrs: DEACLE of hauling her up, People of Hampshire particularly, if any and holding her arm while the hand-cuff was of you, either at Portsmouth or Winchester or put upon it; then dragging her along with such any-where else, have entertained a thought of violence as to pull her hand out of the bolt which electing any one or more of these BARINGS to was held to her merely by the ruffle which had represent you, and especially if any one should caught in the snap of the bolt. She further. apply to you to promise them your votes, give accuses him of dragging her into the yard the applicant this sensible and honest answer: without any cover upon her head, of lugging "It is my duty, above all things, to take her across the yard like a furze bavin, under care that the man that I vote for, shall not be his arm, then hoisting her up into the coal"suspected of a disposition to put the liberty cart, where there was NEVILL to pull her by "and lives of myself and my countrymen in the arms as if she were a calf or a sheep going "jeopardy: two of these BARINGS stand into the cart of a butcher. This is what Mrs. "accused of the memorable acts committed DEACLE asserts respecting the conduct of "at Marwell; and, until they be cleared FRANCIS T. BARING. This man has married "of that charge, I shall regard myself as the niece of the Prime Minister, Lord GREY. an infamous villain if I voted for either of Lord GREY must have seen this over and over "them, or for any of their abettors or uphold- again. He must have talked the subject over ers. If the applicant answer, that the BA- with this Baring himself, as well as with RINGS most earnestly want an investigation in others. He must have talked to the ATorder that they may clear themselves; but TORNEY-GENERAL about it; now, then, supthat the Ministers and the House will not let pose yourself, reader, in the place of Lord them have it, your reply is, "That is very GREY; here is the husband of his niece; here strange the Ministers call them their hon. is a Lord of the Treasury immediately under "friends, and one of them is a Lord of the himself in his own department; here is the Treasury, and a relation of the Prime Mi- heir of a father who has a great estate. Now, "nister: most strange it is, therefore, that, if Lord GREY thought this man innocent of "if the Ministers believe them to be capable of this charge, do you believe that he would re'proving their innocence, they will not grant fuse him the only means that there are in the "them the means of proving it, and of there-world of proving that innocence? I desire "by crushing the DEACLES for ever; of re- you, reader, once more to look at all the cir"moving completely the accusation from the cumstances; ouce more to look at the nature "families of the Grange and Stratton, causing of the charge which Mrs. DEACLE prefers; "the whole people to rush forward in their once more to see what danger, not only from behalf, making them the most popular men present unpopularity, but from lasting im"in the county, and, in fact, giving them the pression, this young man is exposed to from "command of it." If the applicant for votes this charge remaining disproved; once more, for the BARINGS shall persevere, and say that then, put yourself in the place of Lord GREY, the Ministers are obstinate, are resolved not to and consider him to be a man of sound judg give their friends an opportunity of proving ment and of great experience, feeling most their innocence, which they so easily might acutely, as he must, the doubts which this do, the final answer of every honest man will affair is exciting with regard to the motives be, "Well, then, I cannot help that; I cannot and character of his ministry; knowing, as "be sure of their innocence until Mr. and he must, the uneasiness, the troubles, the "Mrs. DEACLE's prayer be granted: I cannot ceaseless anxieties, that it is causing in the "be sure of their innocence until it be proved, several families of the BARINGS, in his broand, therefore, if the Ministers do not give ther's family and his own family too; knowway in behalf of their hon. friends, I must ing, as he must, that the eyes of the whole "choose somebody else; for this is a thing uation are upon him, watching his conduct as "such as was never heard of before in the to this affair; and well knowing, as he must, "world. Suppose my son to be accused of that a committee which would prove the inno some great offence which makes him wholly cence of the BARINGS, would, in one single "unfit to associate with any-body but down-day, scatter all these troubles to the winds: "right tyrannical brutes: suppose me to be uut yourself in his place, reader, and then "thoroughly convinced of his innocence; sup- say whether you believe, that, if he was conpose the case to be such as that he can prove vinced that the BARINGS were innocent, he "bis innocence in a minute, and without a would refuse this committee. "farthing of expense, and that it only requires At any rate, and at all events, until the my consent to his going into that proof, committee be granted, you have a ready an"would not all the world condemn me as the swer to every one who attempts to hespeak worst brute in nature, if I refused that con- your vote for a BARING. You cannot give the sent? If, indeed, I believe him to be guilty, vote until the charge be removed; if these or if I strongly suspect it, then I should Ministers will not consent to suffer it to be "prefer his continuing without an attempt to removed; if the honourable friends of the "produce the proof of his innocence, to his BARINGS will not suffer their innocence to be having a trial that must end in his convic-made appear, they must wait with patience till

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