has been the received faith of the Church of all ages. Even granting that a stream of divines in its favour might be produced, there is all the difference between this and the received faith of all ages.

V. The Dean's defence of Dr. Colenso amounts simply to this, that the Bishop of Natal had written certain books which possibly might not have been condemned in the English courts, since Dr. Rowland Williams and others who had written objectionable books had escaped condemnation. This, unhappily, may be very true, but is it not the general feeling of Churchmen that the possibility of their escaping condemnation is a great defect incident to our position as an Established Church? The South African Church. is a voluntary association, and as such must possess greater liberty in excluding those whose teaching is contrary to the faith which she professes. Added to this, there was a manifest difficulty in bringing the charges against Dr. Williams,-in the unfortunately amended form in which they went up to the Judicial Committee of Privy Council-to the test of the Articles and Formularies of the Church of England; whereas in Dr. Colenso's case, all but one of the charges were compared with the Articles and Formularies and on that account condemned. It is nothing to the purpose to adduce the answer of Laud's counsel, "that a hundred white rabbits do not make one black horse," to the argument that, although the charges against the Primate separately were slight, they yet amounted to treason in the aggregate, because each one of the charges against Dr. Colenso amounted to treason against the Faith of the Church.

VI. The argumentum ad misericordiam is freely used by the Dean. He draws an affecting picture of a bishop condemned in bis absence by a tribunal whose authority he did not admit. But what were the facts of the case? The Bishop of Natal had received a timely citation, and it was his own fault that he was not present. He did, however, appear by his proctor; and although he denied the authority of the Court, he, nevertheless, so far admitted it as to send a written defence to be read by his proctor,and what is more, he gave notice of an appeal,-whereas, if there was no Court, there could have been no appeal from its jurisdiction, which was exactly what the Committee of Privy Council decided. It dismissed the appeal, because none lay to its jurisdiction, there being no such Court known to the law, as that over which the Bishop of Capetown presided. It had indeed been created by letters patent, but that did not give it a legal jurisdiction, but only such as might exist in a purely voluntary association. Had the Judaizing Christians appealed to the Roman Courts from the Council of Jerusalem, mentioned in Acts xv., they would probably have received precisely the same answer. But Bishop Colenso was a member of that voluntary association, and as such, had taken the oath of canonical

i

obedience to the Bishop of Capetown, and who else could try him?

Having examined Dean Stanley's speech at so great a length, it is not necessary to make more than a few passing observations on the correspondence which has taken place between the Bishop of S. David's and the Bishop of Capetown, since the fallacies which we have pointed out in the Dean's statement form the substratum of Bishop Thirlwall's argument. In a charge delivered to the clergy of the diocese of S. David's, and afterwards published, the Capetown judgment was condemned in the following unmeasured language.

"There are persons who may be attracted by the spectacle now exhibited by one of our colonial churches, which has found itself on a sudden, without any effort of its own, severed from the State, and in full enjoyment of that independence which is so much coveted by some among ourselves. I think that its example holds out a very precious and seasonable warning. The unexpected release from the galling fetters' and ignominious bondage' of the Royal Supremacy was unhappily accompanied by a no less complete emancipation from the rules and principles of English law and justice. The result showed how dangerous it would be to entrust a purely ecclesiastical tribunal with the administration of justice in ecclesiastical causes; how surely the Divine would get the better of the Judge; how easily the most upright and conscientious men might be betrayed by their zeal for truth, into the most violent and arbitrary proceedings, exercising a usurped jurisdiction by the mockery of a trial, in which the party accused was assumed to acknowledge the jurisdiction against which he protested, and was condemned in his absence not for contumacy, but upon charges and speeches which had the advantage of being heard without a reply, though it was admitted by the presiding judge that they referred to passages which he had often felt to be obscure, and which exposed him to the risk of misunderstanding, and consequently misrepresenting, the defendant's views."

Very naturally did the Bishop of Capetown think that an attack from such a quarter, and delivered on so solemn an occasion, demanded a reply. It seemed impossible that one in Bishop Thirlwall's position, accustomed to weigh historical evidence as a writer of history, and accustomed also as a Bishop to determine ecclesiastical causes, should bring charges against a brother Bishop so utterly at variance with the truth on any other supposition than that the facts of the case had never been placed before him.

Therefore the Bishop of Capetown judged it not beneath his dignity to write a most temperate letter to his accuser explaining the circumstances which had been so grossly misstated. His jurisdiction had been called a usurpation. Usurpation implies wrongful possession; whereas his authority had never before been challenged by his suffragans. It was admitted in 1863, when the

Bishop of London, apparently with the concurrence of the whole Episcopate, and in the presence of the Bishop of S. David's, urged him to pledge himself to the exercise of his Metropolitical jurisdiction in bringing Dr. Colenso to trial.

In the opinion that "the proceedings were marked by a complete emancipation from the rules and principles of English law and justice, and were most violent and arbitrary," Bishop Gray thinks that some of the most learned, thoughtful, and eminent men in the Church of England do not concur; and we believe he is right. That the accused was assumed to acknowledge a jurisdiction against which he protested is false, if it be intended that at his trial it was assumed that he did acknowledge what he did not acknowledge. How far he acknowledged the Bishop of Capetown's jurisdiction we have already stated; but if the Bishop of S. David's thinks that because he did not acknowledge the authority of his Metropolitan, he should not have been tried, we would remind him of the recent case of the Fenians, who objected to their trial on the ground that they were not British subjects. It can scarcely with truth be asserted that the Bishop of Natal was condemned in his absence, and had no reply, because he appeared by his proctor, who read his defence, and might have replied if he had thought fit to do so. That Bishop Colenso was condemned on charges which related to passages in his writings, which the Bishop of Capetown had often felt to be obscure, was simply untrue. All the passages condemned were plain and easy to be understood, and the Bishop of Capetown's statement that there were other passages in his writings, which he had often felt to be obscure, was nothing whatever to the purpose.

To this simple and straightforward denial of the injustice which was laid to the Bishop of Capetown's charge, the Bishop of S. David's replied in a letter as weak and shallow, as any we have ever seen. What was wanting in argument he made up by abuse, and departed altogether from the urbanity which usually characterizes the correspondence of gentlemen. It is painful to read such a diatribe, but as there is no argument which needs an answer, the sooner it is dismissed to oblivion, the better for the reputation of its writer.

It has been whispered from over the sea, that the Bishop of S. David's silenced all discussion of the Natal affair at the Lambeth Conference, on the plea of an implied promise given by the Archbishop, that the matter should not be mooted; but he could not prevent the numerous assembly of Bishops from adopting the resolution of the Convocation of Canterbury, passed on June 29th, 1866, relating to the Diocese of Natal, to wit

"If it be decided that a new bishop should be consecrated,—as to the proper steps to be taken by the members of the Church in the

province of Natal, it is the opinion of this House, first, that a formal instrument, declaratory of the doctrine and discipline of the Church of South Africa should be prepared, which every bishop, priest, and deacon to be appointed to office should be required to subscribe; secondly, that a godly and well-learned man should be chosen by the clergy, with the assent of the lay-communicants of the Church; and, thirdly, that he should be presented for consecration, either to the Archbishop of Canterbury-if the aforesaid instrument should declare the doctrine and discipline of CHRIST, as received by the United Church of England and Ireland, or to the Bishops of the Church of South Africa, according as hereafter may be judged the most advisable and convenient."-Conference of Bishops, &c., p. 16.

Now it could not be decided that a new Bishop should be consecrated on any other supposition than that the see was vacant, owing to the rightful deposition of the former Bishop. The whole resolution assumes the vacancy of the see; and we can only trust that the precedent of the long vacancy which succeeded Bishop Watson's deposition-so strongly recommended by Dean Stanley -will not be followed, but that a godly and well-learned man may, ere long be chosen, in accordance with the resolution of the 45 Bishops assembled at Lambeth, and presented for consecration either to the Archbishop of Canterbury, or the Bishops of South Africa.

The report which has gained currency respecting the objection to Mr. Butler by some in high places, on the ground of his having signed the declaration on the Real Presence is, we hope, without foundation. Some, indeed, have expressed their hope that a more "moderate man" may be appointed. The term has been so much abused, that we mistrust those who arrogate it to themselves. It has ceased to mean a man who can feel sympathy with those from whom he differs, and who can be charitable to those with whom he does not agree,—and it has come to signify a man who has formed no decided opinion on the controverted subjects of the day; and who has no decided views of dogmatic theology. From such may the diocese of Natal be defended! No moderate man could cope with Dr. Colenso, whose views are not wanting in clearness. For such a position we need a man of uncompromising principles and unyielding firmness, and in such a one alone could the clergy of Natal place confidence. Doubtless the prayers of Churchmen will be offered up that GOD may guide the deliberations of the Natal clergy to such a wise and prudent issue, as will remove the stigma which Dr. Colenso's heresy has cast upon the Church.

1 The above was written before the publication of the Archbishop's letter by Mr. Butler; but we are now assured, on indisputable authority, that the real reason assigned in the first instance was, "signing the declaration" referred to. The other reason, however, is no better.

553

CHURCHYARDS.

THE very satisfactory progress in church-building and churchrestoration, which has been going on throughout every diocese of the Pan-Anglican community during the last quarter of a century, has nowhere within our knowledge been accompanied, pari passu, with a corresponding improvement in the Christian, and-what is only another word for the highest form of the same idea-Catholic character of our consecrated burial-grounds, whether the hallowed precinct surrounding the parish-church or cathedral itself, or the detached general cemeteries, which, through the zeal of jointstock companies, and the prevailing hobbies of sanatory reformers, are fast superseding our old-fashioned and time-honoured English churchyards. Even in cases where the architect, on a false principle of self-conceit, has made the exterior elevation of a newly-built or restored church, rather than its internal arrangement and effect the main feature of his design, it is well, indeed, if a certain cold decency is imparted to the adjoining burial-ground in the midst of which it rises, by well-rolled gravel-paths, closely mown and levelled turf, good drainage, and a comely ring-fence; and if it be not disgracefully left, as it too often is, to present the same slovenly, disorderly, untidy, uncared-for appearance as in the ages gone by. Tidiness, and spruceness, and snugness, however, the absence of rank weeds and nettles, and of huge, disfigured, or dislodged and slanting gravestones,-are not the only qualities required to give a religious, not to say Christian and Catholic, character to the churchyard. These might as probably be or have been found in heathen burial-places, whether of the modern or ancient world, and in Turkish or Hindoo cemeteries. Persons, indeed, who are accustomed to view the subject from a merely poetical or artistic stand-point, would perhaps find something even picturesque and romantic-quite "a peculiar charm of antiquity

in the rustic rudeness of the most neglected country churchyard, which would call up pleasant reminiscences of Sir Roger de Coverley, or Gray's "Elegy," or Washington Irving's "SketchBook," just as they would rest and be satisfied, when musing over the lichened arcades and ivy-mantled ruins of Tintern or Fountains, wholly oblivious of their intended uses. We confess that we have a very scant measure of sympathy with those who thus profess to find a real pleasure in the damp-stained walls and musty smell of an old country parish-church; but we little expected in these days of rapid ecclesiological progress, to find a noble apologist, a member too of the Ritual Commission, for even family"Now, certainly, I should not myself have placed it where it is, or provided it as it is provided, (with curtains, easy chairs, fire

pews.