Page images
PDF
EPUB

vices of men who might be among her brightest ornaments. These were considerations, then, worthy of their Lord ships' attention, and worthy of the attention of the Church itself-although he quite agreed that it was not at all desirable that they should now come to a decision on that question. There was one point which lay at the bottom of the subject, in respect to which their Lordships had given opinions much differing from each other. Indeed, the noble Lord who proposed the rejection of this Bill (Viscount Dungannon) had himself expressed in the course of his speech two entirely discrepant views upon it; because he stated, first, that the measure would leave no standard whatever in the Church, but would give the clergy complete freedom and latitude of opinion, without any test to mark them off from any species of dissent; while he further on expressed quite a contradictory view in replying to an argument of his noble Friend. There was much force in what the right rev. Prelate (the Bishop of London) had said as to their not being able to see what would be the effect of the Bill upon the declaration made by the clergy at their ordination. That was a point which required grave consideration before any satisfactory decision could be come to on a matter of that kind; but if the grievances to which he had adverted existed, the question was one which must excite further discussion, not only among the clergy, but in the Universities and all the other places where men took an interest in the well-being of the Church. To that future discussion he thought the question ought for the present to be left, and he trusted that his noble Friend would not

now press his Motion. The subject was one of growing importance, and it was desirable that the House should not be divided at once into two opposite parties upon it; but that, if the question were hereafter to be revived, it should come before them in a shape that might facilitate a settlement conducive to the advantage of the Church, and which should not afford an unseemly triumph to her enemies.

THE BISHOP OF OXFORD said, their Lordships were much indebted to the noble Earl who had just sat down for having brought this matter to the real point on which, whenever they should be called upon to decide such a question, they must deal with it. The noble Earl had observed that in the present state of men's minds there

[ocr errors]

was great readiness for each man to assert his own particular opinion, and for all to reject the authority of others. He pointed to the difficulties which such a state of things must necessarily cause for maintaining any Church which should be the Church of the nation, requiring its ministers to make any declaration of faith whatever. He begged their Lordships to look that matter in the face. The arguments of his noble Friend who introduced the Bill seemed to him entirely wide of his proposition, for this reason-they went against all subscription, while his Bill went to that most minute, perplexing, insignificant, useless, and therefore mischievous relaxation of one particular subscription to which he was opposed. The noble Lord was quite wrong in his facts. He supposed that it was only every beneficed clergyman who had to take this test; but the 31st canon said "none licensed to read, preach, lecture, or catechize, shall be admitted to do so unless he first consent and subscribe to the three articles in the 36th canon,' which stated that the Book of Common Prayer contained in it nothing contrary to the word of God. By what possible ingenuity could it be said that a person called on to make the declaration that he assented to the whole Book of Common Prayer as containing nothing contrary to the word of God, was to get a great relief to his agitated conscience by saying he assented and consented to what he really meant? It came to this, that for the sake of including all who were willing to serve in a national establishment they should allow men to believe anything they liked, provided they consented to the noble Lord's formula. The noble Lord promised the effect of such a system would be harmony; but there was something better than harmony, and that was truth-truth objective in what we hold-truth subjective in what we believe as we teach it-and the whole tenour of what the noble Lord said was, that provided men were willing to use the appointed service, they might attach any meaning they liked to the words they subscribed. For his own part, he believed that no injury could be more deadly to the Church than that such a practice should gain currency, and that the people should believe this to be the meaning of the language used by the clergy. He believed the great power and prosperity of the Church was, under God's blessing, owing to this-that her ministers had laboured diligently, held the truth sternly, and

taught what they believed distinctly. The very strong sense of conscience to pronoble Earl (Earl Russell) had done great pound to their Lordships, gravely and service by bringing them face to face with deliberately, some conclusion which he the difficulties of the question. The ques- had come to after full inquiry, and was tion before them was this-Did they mean, determined, even at any risk, to let their in a day which, as he thought, the noble Lordships decide, he should not blame Earl had rightly described as one of unex- him for the course he had taken; but he ampled boldness, not to say audacity, of thought his noble Friend was only triindividual belief, to withdraw all declara- fling with a very great subject in laying tions on the part of those who were to be on the table two Bills, one so extravathe teachers of the people that they held gantly ridiculous that it was thought by any amount of truth whatever? The ques- most people to be a practical joke, and tion came to this-Was there such a thing which he withdrew without daring to ask as truth? Was truth that which every for it a second reading; and the other, man thought, or was it that which the having minimized the alterations he proWord of God taught, and that which the posed, being now brought forward, he did Reformed Church of England held? If not dare to take a division on it. To thus there were such a thing as truth, then he stir the entire minds of the people and said it would be a most dangerous thing to Church of England, to call on their Lordteach a number of young men in training ships to alter the whole standing-place of for the ministry that provided they con- the ministry of that Church, and having sented to use certain formularies no one made his speech, and introduced those cared what sense they attached to them. fabulous numbers of men under the deep He was astonished at the exaggerated conflict of conscience, to set them free statements which had been made of hun- from all discomfort by such a declaration dreds and thousands of young men who as he had proposed, he did say was tribecame Dissenting ministers rather than fling. Nothing was more calculated to do remain in the Church, because some day harm than stirring such questions, unless or other they might have to make the with the resolute determination on condreadful declaration that they believed scientious grounds to go through with what they said. The men at the Uni- them to the very utmost, till they were versities did not fall off under the unac- brought to a final settlement. He becountable dread of this declaration. So lieved their Lordships were not prepared far from it, during the seventeen years he to give up the principle of subscription; had heen connected with the great Uni- and unless they were so prepared, they versity of Oxford, having had hundreds of could not entertain such a measure as conscientious young men coming to him this. What was wanted was that they perpetually for assistance in the resolution should have the guarantee which honest of their doubts, he could say he had never men would consider binding on them—not found one who, in the midst of his scruples, that they would not hereafter alter their scrupled about this; and when, on a recent opinions-that was not the meaning of occasion, a number of the Prelates in town subscription-no man ever said he would met together for the purpose of consider- not alter his opinion on any point; but ing the noble Lord's proposal, he took the what he said was, he now held certain liberty of asking them whether, in their definite and intelligible views of the truth, varied experience, they ever found such a which he proposed to teach, that he took case. The answer of every Bishop was that his teacher's office on condition of teachhe knew of none. He ventured, therefore, ing them, and as an honest man, if he to think that this was one of those chime-changed those views, he was prepared to rical creations of "men in buckram," who lay down the office which he held on the were always ready to be called on the stage condition of maintaining them. to represent a mighty army by fitting to and fro across the vision, but who, if they could really be seen at once, would turn out to be a very paltry assortment of country actors. He would frankly confess that he could not agree in the compliments which had been paid to his noble Friend for introducing this subject. If his noble Friend had been driven by a

LORD EBURY briefly replied. He regretted the speech which had just been addressed to their Lordships; for the right rev. Prelate had indulged in ridicule and sarcasm rather than in argument, and had misrepresented the nature and object of the present Bill. His only motive in introducing the measure was to promote Christian union and harmony, but after

what had passed he would not ask their intelligible. The question was, whether Lordships to divide.

THE BISHOP OF SALISBURY said, he believed it was not desirable to make any change, unless it was made for some really great object, and he did not think that such an object could be gained by the adoption of this measure, He felt persuaded that no real relief could be given to tender consciences by any other means than by the abolition of all subscriptions. VISCOUNT DUNGANNON said, that as the Bill was withdrawn, he should not, of course, press his Amendment.

Amendment and Original Motion (by leave of the House) withdrawn.

Then the said Bill, on Motion, was (by

leave of the House) withdrawn.

House adjourned at Eight o'clock, to Friday next, Ten o'clock.

HOUSE OF COMMONS,

Tuesday, May 27, 1862. MINUTES. PUBLIC BILL.-1° Roman Catholic Prisoners.

MAYNOOTH COLLEGE.

RETURN MOVED FOR.

MR. WHALLEY said, he rose to move for a Return of the names, ages, and number of Students attending the College of Maynooth on the 31st day of August, 1844 (being the end of the academical year); the names and number who have entered each year from that time till the 31st day of August, 1861, with the age of each Student at entering; the names and number who have left college during that period who have not completed their course of education, with the date and cause of leaving, and the classes which they have respectively attended.

MR. MONSELL said, he begged leave to object to the latter part of the Motion. Mr. WHALLEY said, he had not an ticipated that the right hon. Gentleman would have made any objection to the Return being granted, and was about to enter further into the question, when

MR. SPEAKER informed the hon. Gentleman that it was not open to him to give any further explanations then.

MR. WHALLEY said, he had desired to make an explanation in order to make the question which he was about to ask

that

the Chief Secretary for Ireland is prepared to give effect to the recommendation in that part of the Report of the Commissioners, appointed in the year 1853 to inquire into the management and government of the College of Maynooth, a Calendar be annually published by the College, stating the names of the several Students who have left the College after the completion of the course, and their respective destinations; its alumni at the time alive, and the places in which they are severally performing their functions?" He might state that an order was made by that House recently for a Return which comply with, in consequence of no record the authorities at Maynooth could not being kept. The Commissioners appointed in 1853 suggested that a record should be kept and annually published, stating the names of the several Students who had left the College after the completion of the course, and their respective destinations.

SIR ROBERT PEEL replied, that he was not able to say at once whether he was prepared to give effect to the recommendation of the Commissioners; but as regarded the Calendar, he saw no reason why there should not be a Calendar annually published of Maynooth, in the same way as there was of Oxford and Cambridge and other Universities,

DEANERY OF ADFORT AND CHANCEL LORSHIP OF LISMORE.-QUESTION,

COLONEL FRENCH said, he wished to ask the Chief Secretary for Ireland, By what authority the Lord Lieutenant of Ireland, having regard to the views of the Ecclesiastical Commissioners and the provisions of the 116th section of the Act of the 3 & 4 Will. IV., c. 37, appointed to the Deanery of Adfort and the Chancel lorship of the Cathedral of Lismore, both being without cure of souls.

SIR ROBERT PEEL said, he understood that the Statute to which the hon. and gallant Gentleman referred did not apply to these two cases, and that the Statute applied to cases of benefices where Divine service had not been celebrated since 1833. The Chancellorship of Lismore Cathedral had not been filled up; but he was informed that the tithes and glebes attached to it had been annexed to the funds of the perpetual curacy of the parish. With respect to the Deanery of Adfort,

the Lord Lieutenant had filled up the appointment with the assent of the persons immediately interested, including the Bishop.

PATENTS FOR INVENTIONS.

COMMISSION MOVED FOR.

the law that had prevailed from 1852 to that time. But he ought to take notice that after he had put his Motion on the paper the hon. Member for Stoke-uponTrent (Mr. Ricardo), who was unfortunately not present, gave notice of a Motion, not for a Commission, but a Committee of that House, to consider, not the SIR HUGH CAIRNS said, he rose to working of the Patent Law, but the policy move for an Address to the Crown, pray- of the law itself. For that reason he ing for the appointment of a Commission wished to state briefly the advantages he to inquire into the working of the Law thought a Commission would have over a relating to Patents for Inventions. The Committee of the House of Commons. It difference of the views taken of the Patent was obvious that a Committee of the House Laws, when regarded from the side of pa- must be confined as to its composition to tentees, or from that of manufacturers and those who had the honour of seats in it. the public generally, was very great, but There might be, and there were, a number in either view the state of those laws was of Members of the House very competent important. At that moment, on the best to investigate a question of the kind, some calculations that could be made, there were of whom it would be desirable to have in about 14,000 patents in existence. Every any body that might enter into the inquiry; one of these patents represented an out- but it was clear that a Commission would lay of a considerable amount of money and act at any period of the year, and probably time. The property these patents repre- at a time when the pressure of public busisented, therefore, could not be otherwise ness would be much less than at that mothan very large. In addition to that, ment; in that respect a Commission would looking at the question from the point of have an advantage over a Committee of view taken by the manufacturers and the the House. The Motion proposed by the country, it should be remembered that hon. Member for Stoke-upon-Trent reevery patent granted, or that might be ferred to the policy of the Patent Laws; granted, was in substance a curtailment, the Motion he himself proposed to submit to a certain extent, of the wide domain was somewhat different. He proposed to which might otherwise be occupied by the ask for an address for the appointment of manufacturers generally; and it could not a Commission to inquire, not into the policy, but be the interest of the manufacturers but into the working of those laws. The to see that there was no such curtail- reason he would explain in a few words. ment, or that their proper province should He did not mean to say that the policy of not be invaded without some considera- the Patent Laws, which he understood to tion and proper safeguards. He could not mean the policy of having any patents for help thinking that the present was a con- inventions at all, was not a very arguable venient, opportune time for considering the question and one worthy of consideration. question. It was rather more than ten It seemed to him that a good deal might years since, during the preparations for be said on both sides of the question, both the Exhibition of 1851, that there was a in favour of maintaining the system of considerable agitation in the country in giving patents for inventions and in favour reference to the state of the Patent Law of the contrary position. That was a then existing. Some persons who took question, however, which, if it were raised an interest in the promotion of the Exhi- at all, was a fair one for discussion in the bition of 1851 also took a great and lively House of Commons. It did not require interest in the state of the Patent Law. an elaborate investigation by a Commission. After consideration before Committees of If any one wished to raise that question, that and the other House of Parliament, there were ample materials for the disan Act was passed in 1852, which had cussion. At the same time, he did not since regulated the grants of patents for wish to abstain from stating his own opiinventions in this country. Another Ex-nion with regard to the policy of having hibition of Arts and Manufactures as great, or at all events more extensive than the first, was then in existence; and it had so happened there had sprung up in the country a loud demand for a reconsideration of

patents for inventions. Some persons held that there was a sort of abstract right by which any one who had arrived at an invention should have a property in that invention secured to him as a matter of right.

It had always appeared to him to be a doc- | matters in which the Act of 1852 comtrine which could not for a moment be sup- pletely altered the system of patents in ported, and it was quite inconsistent with this country. In the first place, before fixing any limit to the operation of letters 1852 there were no means by which a patent. He regarded it as a question of person who supposed that he, had arrived expediency. There could be no doubt that at an invention could obtain temporary it was the interest of the State to encourage protection during the time that he was inventions, as far as they could be encou- endeavouring to perfect it by experiments; raged legitimately. There could be no and while making experiments there was doubt that it was the interest of the State the danger of their amounting to publicato encourage the outlay of money for the tion and preventing his obtaining any patent promotion and discovery of inventions, and at all. In 1852 the Legislature provided, to discourage the concealment of inven- that upon an inventor lodging a descriptions. The question was as to the price tion of his invention, he should have proviwhich it was worth while to give to arrive sional protection for six months; and it was at those results. At that stage of the universally admitted that it was a wise and argument it was impossible to shrink beneficial alteration. The second change from the conclusion at which all writers was in reference to the publication of speon political economy had arrived-that cifications. Up to 1852 the specifications there was no mode by which the reward were kept in writing in certain very obfor inventors was so completely self-adjust- scure offices in London, and were virtually ing in its nature as granting privileges inaccessible to the manufactures of the analagous to letters patent, whereby the kingdom. The Act of 1852 provided that inventor was rewarded by the increased all specifications should be printed and sold price which was put upon the article at a moderate price-not only new specimanufactured. On the one hand, if the fications, but the specifications of patents invention were worthless, he would not get from the earliest period when they were the price, and no one would be injured; granted; and it might be interesting to the and, on the other hand, if the invention House to know, that although only ten were valuable, he would reap the fruits of years had elapsed, the specifications of all his invention, and exactly in proportion to the patents granted since 1611 had been the demand which existed for the inven- printed, were to be found in the public tion which he had made. But although libraries, and might be bought for a very he thought the arguments for a reward insignificant price. The third alteration for inventions preponderated over the was, perhaps, of very much greater utility arguments against it, he submitted that than the other two. Up to 1852 there in appointing a Commission it would be was no possibility of obtaining one patent inconvenient to invite attention to the for the three parts of the kingdom. A question of the propriety of granting let- patent for England could not be obtained ters patent at all, as the inevitable con- until it had passed through seven different sequence would be a division of opinion offices, fees and expenses being charged among the Commissioners upon that higher in each, and then the inventor had to get and broader question; and, instead of ap- another patent for Scotland and another plying their minds to the improvement of for Ireland. The expenses, exclusive of the the existing system, they would enter upon fees of patent agents, amounted to £350. a series of duella as to whether the whole Inventors were now able to take out letsystem should be abolished or not. After ters patent for all parts of the kingdom at balancing the arguments, therefore, he had once, at one office in London, and they arrived at the conclusion, which he hoped had only to pay one patent agent. the House would approve, that it was most mode of payment entirely novel was origiadvisable to address the Crown for a Com-nated in 1852, and it had proved acceptamission to inquire, not into the policy, but ble to inventors, and extremely useful. into the working of the law with regard to letters patent for inventions. It would greatly facilitate his object in bringing forward the particular points in which the law, in his opinion, required amendment, if the House would allow him to direct attention to the important changes which took place in 1852. There were three VOL. CLXVII. [THIRD SERIES.]

A

An inventor coming for a patent paid £5 on lodging the provisional specification, and he paid nothing more for six months. At the end of six months, if he wished to obtain a grant, he paid a sum of £20, and he paid nothing more for three years. During the three years he was able to consider whether the patent was worth any

с

« PreviousContinue »