JB/109/147/001

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without believing them, particularly the 8th. Article, expressing
a belief in the damnable doctrines of the Athanasian
Creed. With regard to the word damnable, his Lordship observed
that it was much more probable that the word damnatory
was used, which in fact, more strictly applied, than the
word damnable. His Lordship with great eloquence (we lament
the necessity of giving a mere outline of the speech), proceeded
to animadvert upon the hardship of the case of the petitioner,
who thus deprived of all prospect of advancement in his
profession, was also bereft of all legal redress; for although, if a
diocesan refused to institute a clergyman in his own diocese,
he might be compelled by another tribunal to assign a reason
for such refusal, upon the competency of which such other
tribunal might decide – yet in the case of a diocesan refusing
to countersign the testimonials of a clergyman in his
diocese, with a view to the preferment of such clergyman in another
diocese, there was no legal means of compelling the diocesan
either to assign a reason for such refusal, or to countersign the
testimonials. Either the compulsory means ought to be the same
in the case he had just stated, as in the other case, or the refusal
of the diocesan to countersign testimonials, ought to be held
as no Bar to the clergyman obtaining preferment in another
diocese. His Lordship, after shewing, from the testimony of different
persons, including the petitioner himself, that he did not use
the words imputed to him in the sense ascribed to them and
a great cause of complaint was, that the Petitioner had not
have been allowed to explain the expressions he had actually
used, nor had the names of the parties been given to him who
gave the information to the Bishop. It was surely hardly
fair towards Mr Jones to deprive him of all means of advancement
in his profession, for a disputed expression respecting the
Athanasian Creed when men of high eminence in the church had
been so little tender of that Creed. It was well known, that in the
scheme of comprehension in 1691, it was proposed to give up that
Creed; that Tillotson and Tennison were little disposed to support
it, the former having observed, in a letter which had been
published, "it were well if we were well rid of it," meaning the
Athanasian Creed. There was also Bishop Burnet, who towards
the conclusion of the history of his own times, had not scrupled
to say, that sixty out of every hundred of the Clergy subscribed
the Thirty-nine Articles who did not believe them &
the rest because they must. There was likewise Archdeacon
Paley, a valuable ornament of the Church Establishment, who had
not scrupled to express a very free opinion respecting the Athanasian
Creed. But if reports like these against this unfortunate Clergyman
were to be acted upon, what might not be said of the Reverend Prelate
himself? Prebendary Dennis, of the diocese of Exerter, having
not scrupled to assent in a pamphlet published by him (in which
he abused all parties), that the Reverend and Learned Prelate
had asserted that the Prince Regent, our present Sovereign,
had stated to him (the clerk of the Closet), that if the two Houses
of Parliament should pass a Bill for conceding the claims of
the Roman Catholics, he would not give the Royal Assent to
it. This he (Lord Holland) did not believe, if he did, he should feel
it his duty to make a complaint against the Reverend and
Learned Prelate for a high breach of privilege. As to the existence
of any remedy by law, he did not presume of course to
give any decided opinion one way or another, but suppose the
Petitioner was to make the attempt, how as he to proceed?
Impedit, and on the answer to the writ being made, he might
have a special plea, and obtain a Mandamus in the Court of
of King's Bench, to compel the Bishop to appoint him. The
course recommended was, that he should go to law with the
Bench of Bishops, and after he had laid them on their backs
obtain his remedy. He had heard of directions given to children
to catch birds by laying salt on their tails, but this was to
put salt on the lion's tail, and so secure him.* * It was he much feared, beyond the means of a poor Curate to contend in this manner, against the Reverend Bench. But suppose
him to make the attempt, and to fail, the consequence must
be the destruction of all his prospects in life by a total ruin
in his profession which, by the laws of the land, he could

Identifier: | JB/109/147/001 "JB/" can not be assigned to a declared number type with value 109.
Date_1		Marginal Summary Numbering
Box	109	Main Headings
Folio number	147	Info in main headings field
Image	001	Titles
Category	Collectanea	Number of Pages	1
Recto/Verso	recto	Page Numbering	C2
Penner		Watermarks	C WILMOTT 1819
Marginals		Paper Producer	Andreas Louriottis
Corrections		Paper Produced in Year	1819
Notes public		ID Number	35802
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