ANGLICAN CHURCHES. 



17 



decision of the Judicial Committee of the 

 Privy Council in the appeal case of Martin 

 against Mackonochie was given February 3d. 

 This was the third suit brought against the in- 

 cumbent of St. Alban's, Holborn, by Mr. Mar- 

 tin. The first was instituted for ritualistic 

 practices in 1867, and resulted in a monition 

 calling upon Mr. Mackonochie to abstain from 

 the practices complained of. The monition 

 was disregarded, and a second suit was insti- 

 tuted in 1874, and Sir Robert Phillimore sus- 

 pended Mr. Mackonochie for six weeks and 

 appended another monition. The services, 

 however, continuing unchanged, application 

 was made to Lord Penzance, who had since 

 become judge, and he issued a fresh monition. 

 This was equally disregarded, and Mr. Mackon- 

 ochie was then suspended db officio et bene- 

 ficio for three years. The Queen's Bench was 

 then appealed to, and pronounced that Lord 

 Penzance had exceeded his powers, and issued 

 a writ of prohibition against him. The Court 

 of Appeal, which was finally sustained by the 

 House of Lords, held however that, except in 

 respect to two points, Lord Penzance's action 

 was right. Mr. Martin then instituted an al- 

 together fresh suit against Mr. Mackonochie 

 for deprivation, but Lord Penzance refused to 

 hear it on the ground that his last judgment 

 had not been enforced, which would have 

 resulted in Mr. Mackonochie being sent to 

 prison for contempt. It was against this de- 

 cision that the appeal was now made to the 

 Privy Council. The Lord Chancellor delivered 

 the judgment of the court, which, after reca- 

 pitulating the facts of the case, and stating the 

 reasons given by Lord Penzance for his judg- 

 ment, proceeded to state that from this judg- 

 ment and from the reasons assigned for it their 

 lordships found themselves compelled to dis- 

 sent. They did not think that it could have 

 been the intention of the learned judge to af- 

 firm the existence generally of a discretion in 

 an ecclesiastical court to refuse by decree to 

 pass any sentence of canonical censure or pun- 

 ishment upon a clerk in holy orders found by 

 the same decree to have been guilty of offenses 

 against the law, properly charged. They 

 thought the judge had no discretion, while 

 finding the defendant guilty of ecclesiastical 

 offenses, to absolve him from all ecclesiastical 

 censure or punishment for those offenses. 

 Contempt or contumacy in another suit can 

 not deprive the bishop (or a promoter who 

 satisfies the bishop that there is reason for pro- 

 ceeding in respect of new offenses by a new 

 suit) of the remedies given by the Church Dis- 

 cipline Act. Their lordships did not find that 

 any obligation is cast by law upon the pro- 

 moter of a suit in an ecclesiastical court to 

 take proceedings for the imprisonment of a 

 party guilty of contempt. Their lordships 

 thought that if, as the case now stands, a more 

 severe penalty should appear to the learned 

 judge to be called for, he might stiU give the 

 respondent one more opportunity of being 

 VOL. xxii. 2 A 



heard against such a sentence, and of submit- 

 ting himself to the court and the law. Their 

 lordships agreed with Lord 'Campbell's re- 

 marks in Head vs. Saunders, where he says 

 that, " except under peculiar circumstances, a 

 court of final appeal ought not to decide any 

 cause in the first instance, as it ought to have 

 the benefit of the discussion and judgment in 

 the court below; and there ought not to be 

 an original judgment pronounced from which 

 there is no appeal." Their lordships, there- 

 fore, would advise her Majesty to reverse the 

 sentence of the 5th of June, 1880, so far as re- 

 lates to the matter complained of by this ap- 

 peal, and to remit the case to the court below, 

 to decree against the respondent such lawful 

 and canonical censure or punishment as to that 

 court shall seem just. 



APPEAL OF REV. WILLIAM ENRAGHT. The 

 appeal of the Rev. "William Enraght against 

 Lord Penzance and John Perkins was decided 

 in the House of Lords, May 22d. The appel- 

 lant was the Vicar of Holy Trinity Church, 

 Bordesley, Warwickshire, and the suit was pro- 

 moted by the respondent Perkins (one of the 

 reverend gentleman's church-wardens) on ac- 

 count of fourteen offenses in the celebration 

 of divine worship, in respect of which it was 

 alleged that the appellant had been guilty of 

 acting illegally. The case came before the 

 Queen's Bench division on an application for 

 a writ of habeas corpus to discharge the de- 

 fendant from custody for disobedience to the 

 monition of Lord Penzance, as well as for a 

 prohibition. The Court of Appeal allowed the 

 discharge from custody, but refused the pro- 

 hibition. Their lordships now affirmed the 

 order of the Court of Appeal, and dismissed 

 the present appeal with costs. 



Another appeal in this case, in which the 

 question was whether a new church-warden 

 could be substituted for Mr. Perkins, who had 

 ceased to be a church-warden and parishioner, 

 as promoter of the suit against Mr. Enraght, 

 was decided by the Judicial Committee of the 

 Privy Council, July 4th, in favor of Lord Pen- 

 zance's judgment that the substitution could 

 not be made. 



The Bishop of Winchester, in November, 

 gave notice to the patrons of Holy Trinity, 

 Bordesley, that under the Public - Worship 

 Regulation Act the benefice had become va- 

 cant, the three years from the date of the mo- 

 nition against the vicar, Mr. Enraght, having 

 expired. A protest signed by a considerable 

 number of the parishioners was issued, de- 

 nouncing the action taken to remove the vicar 

 as uncanonical, unconstitutional, and cruel. 



The Church of St. Yedast's, London, after 

 having been closed for two years, on account 

 of the ritualistic practices of the rector, the 

 Rev. T. Pelham Dale, was reopened in Septem- 

 ber, with a new incumbent in charge. 



ENGLISH CHURCH UNION. The English 

 Church Union, the most active and influential 

 of the ritualistic organizations, had at the, be- 



