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XVI.

CHAP. have yet experienced the kindness of a Father correcting his child: and am convinced that it would have been much worse for me if I had had my own choices. How just, therefore, is it to yield a cheerful submission to all God's appointments for the time to come. "Luke xxii. 42.- NEVERTHELESS NOT MY WILL, BUT THINE, BE DONE.'

First pro

Council.

"O God, who takest delight in helping the afflicted, help a soul too often afflicted with an inward rebellion against Thy just appointments.

"I know not the things that are for my good: my most earnest desires may prove my ruin; the things I complain of may be the effects of the greatest mercy; the disappointments I meet with may be absolutely necessary for my eternal welfare. I do therefore protest against the folly and madness of desiring to have my own will done, and not Thine, O God.

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"O may I never dispute the reasonableness of Thy will, but ever embrace it as the best that can happen.

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Prepare me always for what Thy Providence shall permit or bring forth.

"Grant that I may set no greater value upon this world than it deserves.

"Let me never be eager or positive in my desires, so that I may readily embrace the appointments of Thy will.

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Let my dependence be upon Thee and never upon myself, or upon the power, the wisdom, or counsels of men.

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Who am I that I should make exceptions against the will of God, infinitely great, and wise and good?

"Lord, Thy will be done; and grant that I may be ever pleased it should be so.

"Let me never murmur, be dejected or impatient under any of the troubles of this life, but let me ever find rest and content in this, This is the will of my Father and of my God."

In the meantime the law had begun to move, though ceedings in with no great rapidity, towards his relief. No time had been lost in bringing the petition to a hearing. George the First was then at Kensington, having removed thither in May to be under the protection of a camp which had been formed in Hyde Park, in consequence of one of the many panics which were constantly occurring in that period of our history from Jacobite conspiracies, real or imaginary. It was that

Lord Stanhope's Hist. of Engl., c. xii.

XVI.

one which led to the banishment of Bishop Atterbury. CHA P. There, on the 19th of July, three weeks all but a day after the Bishop's imprisonment, the King holding a Council, the petition was read at the board. It runs in the name of "Thomas Bishop of Man, and of William Walker and John Curghey, Presbyters, Pastors and Vicars-General of the diocese of Man, now prisoners in Castle Rushen within the said Island." It recites first the suspension of Bridson, June 27, 1721; then the censures on the Archdeacon and Mrs. Horne, Dec. 19; thirdly, the fact that no appeal had been offered, but one of the parties on the contrary, Mr. Bridson, had made his formal submission; fourthly, it alleges that had the censures been irregular, the appeal, by the Act of Henry VIII., could only lie to the Archbishop of York. The petitioners go on to complain of the two orders of the Governor and officers: the first (dated Feb. 9, 1721) charging the spiritual courts with illegal and revolutionary proceedings, and threatening penalties if they would not retract; the second (June 20, 1722) renewing the former charges and threats, and specifying moreover,

"that the proceedings thus ordered to be retracted and cancelled had been against persons who, by the laws of the island, were exempt from your petitioners' court,-although, in fact, the law expressly provides that no person whatever shall be privileged from Church censures; and besides, two of the persons thus censured were clergymen within the island.”

They add, as a circumstance which "makes these orders more irregular and surprising than they seem to be, that they do not appear to have been issued or granted at the request of the parties censured by the petitioners, but rather to proceed from the mere motion of the Governor and other officers." Then, mentioning their protest at the Tynwald, the fine arbitrarily laid on them and falsely purporting to be an act of the Tynwald, the demand and refusal of the fines, and their own summary arrest and imprisonment, they conclude:

"Your petitioners therefore most humbly pray your Majesty, that they may have your Majesty's immediate order for their release, they being ready to give security for the payment of the said fines if the same shall be legal; and that the said Alexander

M m

XVI.

CHAP. Horne, John Rowe, William Sedden, Daniel Mylrea and Charles Moore, may be directed to return their answer in writing forthwith ... and that your petitioners may be allowed free recourse to any records in the island, and to have authentic and attested copies of such as they shall want, paying the accustomed fees; and that a day may be appointed for hearing this your petitioners' complaint, and the answer of the said officers, when the same shall arrive; and that your petitioners and their witnesses may come over to attend such hearing without performing quarantine, which the age and infirmity of some of them will not allow them to do without hazard of their lives; the commissioners of your Majesty's customs having, as your petitioners are informed, no objection to the taking off the quarantine from the Isle of Man."

The state of quarantine had continued now with more or less rigour since 1720, in respect of all vessels coming from France and the Mediterranean, and legislative measures were in progress for enforcing it more strictly than ever. But any infection from the Isle of Man was comparatively so improbable, that the exacting quarantine from vessels coming thence must have been in fact merely a fiscal arrangement for checking the contraband trade. It is curious that at that very time, or soon after, (as appears from the register of the Privy Council,) Lord Derby was negociating with the Treasury for a relaxation of the quarantine laws, in favour of his island generally.

But to go on with the Bishop's petition: it prayed for relief against the offensive orders, "either by reversing them, or by allowing the petitioners to appeal;" also that he and his officers "may have such reparation and satisfaction for the great injuries done to them, and such costs, charges, and other relief, as to your Majesty in your great wisdom and goodness shall seem meet."

It would be a matter of some interest to ascertain whether any of the ministers or persons having influence with Government gave any help or countenance to the petition, and to whom, among the legal practitioners of the time, the honour was granted of having Bishop Wilson for a client. We only know that Mr. Talbot-Charles Talbot, son of a Bishop of Durham, and afterwards Lord Chancellor-was one of his counsel, and a Mr. Paris-Ferdinando John Paris-his at

torney. To the latter he writes, as we shall see, in much CHAP. confidence, subscribing himself "your affectionate friend."

The Council seem to have felt-they could hardly help feeling that it was a very urgent case. It appears that they did, immediately on receipt of the petition, all that could be done by them to expedite the matter:

"His Majesty in Council taking the same into consideration, is pleased to order that a copy of the said petition be transmitted to the Governor and officers, who are hereby required to return their answer in writing hereto with all speed. And his Majesty is further pleased to order that the said Bishop and the other complainants be allowed free recourse to any of the records in the said Isle of Man, and to have authentic and attested copies of such as they shall have occasion for, upon paying the accustomed fees for the same."

Then follows the usual admonition, the probable effect of which in this case upon the temper and features of those whom it regards may be more easily conceived than expressed :

"And the Right Honourable the Earl of Derby, proprietor of the said Isle, the said Alexander Horne, and all others concerned, are to take notice of this his Majesty's pleasure, and to govern themselves accordingly."

XVI.

Crown

For the rest, the petition was referred to the Attorney and Reference Solicitor-General, who were at that time Robert, afterwards to the Lord Raymond and Chief Justice of the King's Bench, and Lawyers. Philip Yorke, the renowned Lord Chancellor Hardwicke. They were to report their opinion what methods would be proper to be taken for the relief of the petitioners; but previously the Attorney-General was to give notice in writing to the proprietor of the Isle of Man, and to know from his Lordship whether he had any objection to the petitioners being released from prison, upon their giving security to answer the said fines if found legal. On the point of quarantine the Treasury was to be consulted. A letter with the petition and order was at once sent to Lord Derby. His answer, dated July 29, is remarkable on more than one account. The substance of it, as reported by the Crown lawyers on the 2nd of August, is,

"That his Lordship not having had the least intimation of the

CHA P. contents of the said letter from the Governor of the Isle of Man, XVI. or the Council, or Twenty-four Keys, till he heard from them, (which he would endeavour to do as soon as he could, by sending a copy of the Bishop's petition, and of the said letter, to the island, by the first opportunity) he did not know what answer to make to the letter or the order inclosed therein. That till his Lordship hears what the Governor, &c., have to say for themselves, it is impossible for him to give any opinion. That he believes the matter contained in the Bishop's petition to be misrepresented, but hopes in a little time to give a more satisfactory account of the whole proceeding which, till he is able to do, his Lordship may be excused from giving any opinion on this matter, since he really thinks that the persons complained of are very honest and wellmeaning men. His Lordship is pleased to conclude with saying, that it will be made very plain that he is not as yet in the least, either directly or indirectly, concerned in this matter; or that anything has been done therein either by his direction, or the least hint about it to any person whatsoever; but on the contrary, that he never gave any directions to the officers of the island, but that they should be very careful to observe strictly the laws.”

This earnestness in disclaiming all knowledge of his subordinates' doings, coupled with the fact that he had twenty days before written to the Bishop in reply to a letter complaining to him of some of the worst of those doings, may provoke suspicions not very favourable to the veracity of this person of honour," as he would be styled in those days.

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The Crown lawyers then give their opinion in favour of the release of the petitioners on bail.

"We beg leave further humbly to certify your Majesty, that upon consideration of the allegations of the said petition, we apprehend that the imprisonment of the petitioners hereby complained of is in the nature of a commitment in execution, for fines imposed by judgment of a court claiming to act by legal authority, from which the petitioners had appealed to your Majesty; and therefore we are of opinion that pending the appeal, and before any determination made thereupon, no order can by law be made for the discharge of the petitioners out of custody upon giving security for the fines, without the consent of the person interested therein. But the commitment being only for non-payment of the said fines, we apprehend that in case the petitioners pay down the same, they ought to be forthwith set at liberty; and such payment being compulsory, will be no prejudice to the appeal, or any other remedy they may

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