The Express. — London, England, 1848-01-26 00:00:00

' . o fr •e 9 Ot. Ge- - 0- a) At A L-7 " 47 11l ee:k- ' - 6 -. _ . i~ .~'~: ~2~:~ • ; • sf • _ _ p r ßEWEßY.—An a la m eppartanity now pe ase* Half to ono or to oval Womb= k0011=6., *No 002 et irraahm di,alobillot mai void Ow* do* Os IV etfolos —loollotono sick obtoloot Wor tbdr at Blom simian witoom sod ce. wo. naming. 'Ma attitude *hick France has filMOSted to Italy In the preempt cries , is then commentedO lfil lt the Cautelutiotalsel : Is It not truly honest and rational on the part of the go vernment of July to enter into a close alliance with Austria, at the very time she is threatening liberal Switzerland mid liberal Italy with her arms ? What • brilliant per of our history most be devoted to an aliases which will date from the~nppramsom of the last remains of the nationality of P at Oraeow, from *ha usamacres in Galilesin massidats at which has rendered the enemies of neva Illerrieethad, and which has drawn down upon our govern - 11111114 the curses of Italy aspiring to (moo& ? Were we in dm wrong to say, some months since, that those datienn Meads to Prince, would, terhaps, pay with their blooded the adlournmeat of their todependaace the expenses of the Spanish marriages. 40440.] LONDON, WEDN E SDAY EVENI/IG. JAN:2(3, 18.48. (3L s• MP,Th 8103. LMIOND and Co., taihroy dm, ot*.:4vugeslNlF lia , lallawar ..., i t 1111111. NUPLAvasaras.= awatog, aid ail dim dime . N r a n M e= aneTeceelalrak also at 'ldea si tomes are requeles So to -5/Igge4. amodiaawast. London. Jam 1. Illa. .. - - .. —......„ _ ... b ' had been dangerously ill, is in a Mate of cestvalesoebooi but that all hopes of preserving the life of the Grand Duchess Dowager of Tuscany, who has been illfor some time, are nearly abandoned. A letter from Turin of the 20th announces that, in consequence of the events at Leghorn, the advocates ' Pellegrini, Leghorn, and Bis i o , have been arrested at Genoa. The papers seized at their residences prove, it is said, that they acted in concert with the Advocate Guerrazzi, promoter of the late disturbances at Leg horn, and with the chiefs of the Young Italy party to foreign countries. Punts, Jen. 25. —Thee per Cents, 73 73 ; flm, 113 90 ; Four-and-Half, 104; Four., 99 73. Belgian Mem 1640,.99; 1442, 99i; Do. F 914; Na~pplioes Mss, —. PAM. Loan, 94. Treasury Bands, —. Bank &ins. $l7O. Ezehrsere oo London, eight, 25 60. Rtnerere —Paris and Orleans, 1,173; Paris and Boom 0113 60; Bourn and Hone, 4 0; Avignon and hlsreellles, 333; flexasboarg and Bale, 133; Centre (Vinson). 305; Amiens and Boulogne, 363; Bordeaux, 47330; North, M. ~: Lt.- amillmet of thooi PRRI• Witerianli. x from Us. „.... . '— - a r ffu o m elo ad.. lir NOM window as 11Mt e l I RTIVIVNI pre RIPPON sot 1 :2 .. 12: ...477 "==russell j ; I *Mali BU RTON/I Nilo Burro/ 7 i :. ..,i BUR I th. ... 14. . 1 rome i .. ftng. ' h lrirgiorril me ltly• • correct es of RA rad* NAN koabllited la im =does aro Invited to all nod la R.— irolimaad. IRIR . t 111 D. J. DENT, by distinct appointments Watch awl Clortamkar to the QUeOll, HB7l. Prime Albert, and T D. d ... 1a... of Rau* Isa,lng greatly inereund his sleek of ATORKS rd eLOCKS to mot tbe pumas.. nude at this own of the roe. moot reegonefally Tamp, from the public an Inapeetam of Ma warlassomalterals. Lain gold watches, .110 (old Male, and Jewelled la fawkalm, $ at. NIA ; pentWoena ditto. enamel die* 10 ra : youths* OW noldble. 4, p.; Vabotantkil and •001.1rately vim am hr,.., ... l ift kannad Is leer bele& dr. —E. J. DENT. 02. Strand: 01 1 . Oaolleowoehrest: and N. floral Serhanse Winch Tower anal. x ito EA. At No. 8, King Williem-atreet, City, the lOW COURIITItT of Tools =piled with good. sound BLACK oo Tit, at 3s. Id. par lb., a Wee unprocorlentedly low for Tos Ow& word quality. fcloo,_t= =4 Cotlon COFFEE, lid 1y lb. = pRILLITS lad co., a. A tt , =am.street, eon= of Antlhereb.kae bin Os Load Llfe Letters received by the Madrid mail of the 19th say that the influenza prevails in that city with • frightful virulence. Four members of the cabinet, Gen. Names, the Duke of Sotomayor, MM. Beltran de Lis, and Sartorius are ill. The de aths were la the rate of 122 per day from the epidemic. No mortality like it has occurred slam the cholera. Among the visitors to General Espartero was the Duke of Glocksherg. moms. Jas. 10 —Throe per Chats., t 74 a 30 days, 37i We cart. Your par Coots. —. Fire per Ceuta., 1615.16 oath, IN to 17 r Per. P n 1 ;51, 5 1. 15"e1. s! ert. tlßlP'n :b i liaTO lL 5"l4 Pt 84. f.. OWLANJYB HAUL WASH.—This is It _pie t- tessaZ a rriZV I S= 4 = II V II4 am lalr and der UM Om sod mewl "kiss et ImseMos NA V a ta =l .. U U to be ic I sol ailid a nedr il thr mi t s Pe r ib alsoilA vr e•illrdr aila " Am= f- the ••=l* for =Mg Jo . Ille WI sad ism lb 41. 26:4 1111 1.6111 01111M81141161•1416_, .1.11011. It petit* M. 11 . meant IN lis mien Au prove ilk awt=rarimpi 11: u tollet, r lad ihe Vilma At Ihs saw" IA 11. pot MA A, HO iv- LAND &ACM, 18, BASAmgazdas; Larita. Ad lig ai sad 1- perastera 1- LATEST INTELLIGENCE. THIS DAY, Four o'clock. EXPRESS FROM PARIS. Our Paris despatches of yesterday noon say that the to-opening of the salons of the Chateau, on Mon day evening, was regarded with unusual interest, owing to the innumerable reports unfavourable to the Xing's health, which have been in circulation from day to day, without cessation, since the death of Ma dame Adelaide withdrew Louis Philippe from that easy and daily access which constitutes one of the habits of his royalty. The attendance on Monday evening was of course at once numerous and bril liant, including, besides the two royal visitors, the Coeat of Syracuse and Prince Paul of Wurtemberg, the entire corps dipbunatigue, without one exception, accompanied by their ladies, consisting of the repre sentatives of Austria, Great Britain, Sardinia, Rome, Belgium, Prussia, Russia, Sweden, Tuscany, Holland, Bavaria, and Wurtemberg. All the cabinet minis ters and their ladies were also present, as well as the presidents ot the chambers, the prefect of the Seine, and other high official functionaries. A great number of the members of both chambers attended. The Chamber of Deputies commenced, on Monday, the discussion on the address, paragraph by paragraph. The first paragraph, relating to the late scarcity of food, was adopted, after a very brief discussion. On the second, which refers to the necessity of com pleting the great public works now in course a execution, and to the utility of restoring the equilibrium in the finances, M. J. de Lasteyrie made a sharp attack on the government for profuse expenditure; M. Damon replied at some length, maintaining that the position of the coun try was most satisfactory at the present moment, and it was equally cheering for the future. In ke course of the sitting, M. Berryer demanded if th Minister ot Foreign Affairs, who had refused, in the Chamber of Peers, to produce any documents relative to toe negotiations now going on at La Plata, would have any objection to lay on the table the instructions given to the gentlemen entrusted with the previous negotiation, which had proved unsuccessful. M. Gaizot replied that the two negotiations were so intimately connected together, that he must at present decline giving any information on the subject. The following amendment, on the paragraph of the address respecting the reform movement, is announced to be proposed by M. Sallandrouse Amidst these VlRSlOlUmanifestatione your government will be able to recognise the real and Irgitimate wishes of the nation. We trust it will hasten to take the iniriative in those wise and moderate reforms claimed by public opinion, and among which, must be placed in the 13 st rank, the reform of parliament. In a constitutional monarchy the union of the great powers of the state allows as to follow, without danger, a policy of progress. and to satisfy every moral and material interest of the country. The diplomatic notes presented by the great powers to the president of the Swiss Diet occupy much space in the Paris journals. The Journal des Debate ex much gratification at the attitude which a France has assumed in this affair, and laments the false position which it alle4es that Lord Palmerston has given to England, and which, according to the journal of M . Gulz ol .Sir Stratford Canning has made laudable but vain efforts to rectify. We regret, says the Debars, not foe own sake, but for that of the peace of Europe, that the English govern ment has not deemed it possible to join is the steps taken by the other court.; we regret it, for the sake of England herself. If anything can prove the equivocal situation in which the government of England has placed itself, it is precisely the note which the representative of this country has addressed to the President of the Diet. The man, as honourable as able, who now represeota England in Swit zerland, has evi lently endeavoured to conciliate the in structions of his government with the impressions, which the facts he has witnessed must necessarily have produced. And, after all, he says nothing more than what M. Glint said in his note. He also deebine that, in order to revise the fundamental pact, ti e con seat of all parties is necessary ; that the federal pact, such as it is, is still preferable to a central power; that it would he necessary to wait till the petitions of the moment be appeased, previous to introducing any change in the con stitution ; that the distinctive character of Seim liana is her cantonal and commercial spirit, and that wise inertia of her external policy which has, till now, preserved her from the revolutions of Europe. Sir Stratford Canning gives Swit zerland most excellent advice, but without that moral force which proceeds from conscience and the assertion of rights. At all events, we prefer the situation adopted by the French government and its allies. M. Piacatory, appointed ambassador at Madrid, arrived at Marseilles, and was expected in Paris yesterday. Letters from Constantinople of the 4th, say that M. Mussurus. who had a private audience of the Sultan on the 3rd., had received his final instructions, and was to have left to resume his functions at Athens on the 10th. In several departments the roads are covered with snow, and the mails are greatly delayed. In Auvergne the snow is more than six feet deep. At Lyons, at the date of the last letters, there was snow in the streets about • ight inches in depth. The greatest anxiety is felt for the arrival of the 'steamer Ville 4e Marseilles, from Naples, now expected, and which will bring news 801/1C days later than those received by the Vesuvio. Throughout the afternoon and evening of Monday, the most confused reports were in circulation respect ing the situation of affairs at N.plee, arising out of the general insurrection which had taken place in Sicily. According to some, the population of Naples was in op en insurrection, the troops had refused to act, and the Icing Lid taken refuge on board a British ship of war. According to others, the king had been seized and made prisoner by the insurgent 3. These reports had not, and indeed could not, have any real founda tion, for it is known that no intelligence had yet arrived at Marseilles since that which we gave yes tetchy. Nevertheless, these rumours had their effect se the Bourse. The Threes which closed on Satur day at 73.90, and fell on Sunday night, in the P de l'Opers, to 73.60, opened at the latter price irtt: Parque' on Monday, at which considerable sakts were made. An effort was made to recover them in the course of the day, and they rose at one moment to 73.80, but soon declined again, and closed at 73,50, with a fall of 40 cent& on the closing prioes of Saturday. While these events are in progress at Naples. meet aetivs preparations are made by Austria in abardy. The Augsburg Gazette, under the date of the boating of Lombardy, writes : In consequence of the successive re-inforeemsals, the Algerian army in Italy is composed , at the preerat esimesit, of core than 100,000 men, who will be, ft h into three corps, instead of the two now existing. Not only have the battaliansofizteXtly been put on a war footing, by want to the standard those soldiers who wets en late, of ahasses, bat orders hays moreover been gives to those t7:who were is garrison at Verona, end to other , t. put themselves on • footing of war, so that they will receive an augmentation of about WO men. Government het, moreover, ordered numerous purchases of homes. The details which we gave yenterday of the general insurrection in Sicily, are corroborated and confirmed by the journals and correspondence of the chief cities on the coast of Italy received to-day. The Genoa papers say that Palermo, Monteleone, Trapani, Bari, and several other cities, were in successful revolt ; that at Palermo, in particular,, the system of barricades had been practised with success, and the troops, cavalry and infantry, were foiled ; that, boiling water, stones, slates, and furniture were flung from the windows of the homes on the troops, a large number of which were left dead In the streets. Priests and monks, holding up crucifies before the people, and fired with the enthusiasm of the moment, led them, exclaiming, " As Christ died for you, it is for you to die-for yourcountry." A popu lar chief, Scordata, reported by the police to be dead, re-appeared from the mountains, followed by several thousand partisans, and pledged himself to take by assault, the fort of Castelmare, near Palermo, on the 23rd. . Letters from Civita Vecchia, after giving similar details, say that a provisional government had been appointed at Palermo. Lord Napier, the British laiajoUr at Nollidl‘bad rat orders , " Pais to. Cagliari to send two frigates to Palermo, and two to Naples, for the protection of British subjects. A revolutionary proclamation is reported to have been circulated at Rome. It was ascribed to a plot of the retrograde party, and produced no effect. It wee said that the council of ministers had approved of the publicity of the debates of the council of state. A letter from Turin, under the date of Jan. 19, states that, in consequence of the events of Leghorn, the avocata Pellegrini, Cantle, and Bisio, had been arrested at Genoa. The correspondence seized upon at the residence of the accused proves, it is said, that that they acted in concert with the avocot Guerrazzi, promoter of the recent disturbances at Leghorn, and with :the leaders of Jawed Italie residing in: foreign countries. Our correspondent adds, that intelligence had just reached Turin, by a traveller, of an insurrec tion at Palermo, and that it was reported the Neapo litan troops had lost 160 men. This report is pro bably greatly exaggerated. We read in the Patria of Florence, of the 16th : The funeraPpf Giovanni Bachiega too k place to-day, in the church of St. Ambrosio, and was attended by an immense crowd. On the catafalque was the follow ing laconic but eloquent inscription—' To Giovanni Bachiega, who fought for Italy, and suffered during many long years in the Spielberg.' The mortal re mains of the Italian martyr were transported to the cloister of the church of Santa-Cruce. The advocate Vincent Salvagnoli delivered an oration, which thus , concluded: 'Over this tomb we come to seek inspira tions against the foreigner. Let us renew our oa ths to deliver Italy. This is not the place of mortals, but of immortals ! Viva Bachiega, the martyr of Austria ! Viva the independence of Italy!'" The King of Sardinia has decided that the small village of. Lans-le-Bourg, at the foot of Mount Cenis, on the Savoy side, shall be fortified. The same deter mination has already been come to with respect to Suze, at the foot of the mountain, towards Turin, so that the passage over the mountain, which is the key to Piedmont, will be in a formidable state of defence. A letter from Milan states that the Scala theatre, which is usually so well attended, has been of late completely deserted by the people of the city. At - last representation of " Norma" there were only 15 persons in the pit, and two in the boxes, and thew were foreigners. The Madrid mails of the 19th have arrived. Our correspondent writes that the queen, who has been on several occasions attaked with fainting fits, has lately had a consultation of sixteen physicians upon her situation. Many of these were of opinion, says our correspondent, that the queen's state was such as called imperatively for change of air. The political inconvenience, in one point of view, of the removal of her majesty from Madrid is too obvious to be dwelt upon. Thecourt habit in Spain, of the sovereign appear ing in public as much as possible ; the extreme suspicion with which the people would regard the disappear since of Isabella 11. from the capital, and:her prolonged absence at a distant point, say in Andalusia; the horror and alarm which the masses feel of plots, real or imaginary, for making Spain a province of France ; all these considerations would make the ministers naturally pause before advising so embarrassing a re medy. But, in the case of the Queen being detained by political motives at Madrid. while her medicaladvisers recommend change of air, the responsibility of minis ters becomes equally grave. Under these circum-, stance* it would become their duty to make extra ordinary efforts to control, as far ae possible, all devia tions of the royal will from strict prudence in matters where a health so precious is concerned. In this the ministers dO not appear to have succeeded so well as the authority of men like Narvaez and Miraflores (who, as governor of the palace, is the aptest instru ment of the government for this effhcO would have led one to expect. The Queen goes out hunt ing, with a cough, on the bleakest day of the year. She rides exactly at the most =whole some hours of the day—towards nightfall; and no change, sines the critical turn which her health has takes, has been effected in domestic habits, which would rein the soundest constitution,—l allude to the royal practice, so well-known, of turning night into day, as we say, and rice reran, The difficulty of treating a royal patient, particularly one so mutinous against formal prescription of All kind as Isabella, is obvious; neither perhaps does the jerky energy of the Duke of Valencia qualify him well for a task in which tact and persuasion are required as much as firmness. But while the life of the present Queen of Spain is one of the branches from which the peace of Europe may be said to hang, it is deplorable that so little pains should be taken to keep that branch sound and vigorous, and to fence it by due care from calamitous contingencies. An incredible number of people are laid up with grippe, and the frequent funeral processions betoken that the most grim of physicians is not idle in the hospital and mck chamber. A letter of the 12th, from Lisbon, states that the Count of Thomar declined being a member of the new ministry, and 'was appointed ambassador to Paris. But he has no idea of setting ont yet for that destination, or, in all probability, of setting out at all. His motive for not being eager to assume the power to which the triumph of his party calls him, is said by his friends to be, that he may show to Europe that his ambition is not personal, and that his only desire is to save the throne, and consolidate the peace of the country. The Duke of Terceira was appointed ambass►dor to Vienna. The ministry is complete, and consists of Saldanha, Albano, Folcao, Quiroz, Gorjao, and Baron de Franco& A postscript to the letter of our Roman correspon dent, dated the 12th, one o'clock, says: I have just come from witnessing a most solemn scene. This morning, as if by some instinctive impulse, the whole population seemed to have caught up simultaneously the idea of honouring, by the most inipreuive act of their re ligion, the memory of the men who fell in the streets of Milan, butchered by the foreign Vandals. The tide of people flowed through he Corso to the magnificent church of the Milanese saint and philanthropist, St. Carlo Borromeo. Up wards of 5,000 Romans were inside the church, and as many I could find no entrance. Monseignor Berremeo, canoe red dentiary and chaplain to the Pope, was summoned to officiate. He communicated the demand of thy people to his holiness, who told him to go to the altar and beg the mercies of God on the souls of the slain. Then rose the plaintive dirge, aad the dies ire, and the pealing organ, responded to by the lament of a whole people over their slaughtered fellow citizens. All the deputies of the provinces were round the altar. The Sardinian ambassador was oonspicuous, and I , also observed the gallant veteran Sir Frederick Adam, aad near him the (Milanese) Princess Beigioiose, Italy's Joan of Arc. Since the foregoing was written, our Paris letters of last eveaing have arrived, but they add nothing important to the despatches of the morning. The Cbistempormus of Rome of the 15th, mentions a report that the Neapolitan General Lindy, who is at Messina, bad opened a despatch of the Fmglish Embamy at Naples, and that the ambamador was about to demand reparation, and the dismissal of General Landy. We learn that the Princess Royal of Sardinia, who THE BISHOPRIC OF HEREFORD. COURT OF QUEEN'S BENCH, lAN. 2 REGINA V. nig ARCHBISHOP OF CANTERBURY. [Part of the following appeared is a second edition of last night's E.rpress.] Dr. Hayford, against the mandamus, commented by call ing the attention of the court to a chapter in "Black stone's Commentaries," In which it was said that bishoprics were originally filled by election, but that, these elections becoming tumultuous, the Emperors gradually took the matter into their own hands by taking to themselves the right of confirmation, and investiture with the temporalities. This was the practice previous to the interference of the Papal authority. Having described the practice under the Papal regime Blackstone proceeded to show that in the reign of Henri VIII. the right of diction was restored to the crown. fhus both fn Ayllffe's Perergon," and is " Blackstone " it was shown that the right of election rested originally with the crown, and was only restored in the reign of Henry. The act of Edward VI. spoke of the elec tion precisely in the same terms as those used by Sir W. Blackstone. It was mentioned in similar terms in the Irish statute quoted, and thus they had the principle confirmed in two statutes—one in England, the other in Ireland—and in the writings of the most distinguished jurists. There was no word in the statute of Henry altering the prerogative of the crown ; it merely related to the " manner and fashion," not to the principle of the thing; it left that untouched. The prerogative was merely restored to its donative power, as it had stood previous to the Papal parenthesis, so to speak. He would at this stage of the argument call their lordships' attention to the kerns now In use in the confirmation of deans and chapters. In " Houghton's Ordo Judiciorum," it was shown that in the election of dean of St. Paul's, the mandate clams from the bishop. They had, however, newer never heard of parties opposing the election and ordinad ,n of deans or canon.. The statute was explicit respecting episcopal elections, and showed that the duty of the dean and chapter was peremptory. The parties applying might have en abstract right to be hard against such election, but if the legislature had thought proper is override that right, and to provide no tribunal for ita discussion, they must remain in the position of other parties similarly situated. As the proceedings et the confirmation of a bishop were merely a matter of fcrm, they found that the officers by whom the duty was performed were such ea could only con duct matters of form. " Houghton's Ordo Judiciorum," Lord Coke in 'his " Institutes'," anli Dr. Hegeart in his " Consistory Reports,"hfiehowed that the Vicar-General had Igo power to exeroeseemtentious jurisdiction, neither had the master of the faculty who was associated with him in this case. In every case the writ of election was mandatory, ne matter what form might exist, and it could no be disputed by the body to whom it was di rected. Lord Coke stated that the Archbishop's court dealt only in matters profornsa, and in matters concerning ; which the judge had no contentious jurisdicton . The eon firniation, it appeared , had always been held in Bow Church and where the archbishop had a duty to perform in matters of contentious jurisdiction, as auditor curia audientier, the court was held in St. Paul's, but that was now abolished. Not only had the archbishop's vicar-general no jurisdiction in matters of contention, but it applied equally to the appointment of any other vicar-general. The libel charged unsoundness of doctrine. Now, suppose that libel was received, who were the pinhead issue, and who was the party put on his defence? Not the bishop elect, for be was merely a by .stander—the cause would be not between the objectors and the bishop elect, but between them and the dean and chapter. They had elected the bishop as * man of learning sad piety. How was it to be proved that he was not ? Was the bishop to be expected to come forward and my "I am amen of learning, piety (for piety was the word used), and good eon duct ? ' Modesty would forbid such • course. Then could they prove the libel by means of witnesses? The oourt had ne power to hear witnesses. If the charge partook of a criminal nature, articles must be exhibited, and the matter would then come under the Church Discipline Act. The commissioners of the archbishop would have no jurisdiction at all in the case, and if they went into it they would have no power of sentencing for the offence, if any should be proved, or administezing justice in regard to it. Again, if witnesses were to be examined on the part of the objectors, witnesses on the part of the bishop and the dean and chapter must also be heard, and if the court were to proceed with the inquiry de die in diem, it would be gaits impossible to conclude the matter within the time which the statute prescribes. He contended, therefore, that the preheat difficulties, napalm a jurisdiction existed, were Insurmountable. The charge refbrred to certain books published by Dr. Hemp den in 1836. That being so, Dr. Hampden wee pro tected by the 20th section of the Church Dimipline Act, which e nacted that any suit against • clerk in holy order' for any °Tepee against the ecclesiastical law must be commenced within two years after the commission of such offence. The dictum of Lancellattmohough undertaken under the sanction of Paul I V.,had never reeaived the confirmation of the Pope, and could not be received as au thority. But if it were taken es authority elsewhere the question would arise, did the authority of that book ever obtain In Zee land ? He could find no proof whatever that the law, as laid down by Lascellottus, had ever formed part of the law of Eng land, and it was not sufficient to justify a mandamus in this case that because certain Corms obtained here that therefore certain ether things prevailed as law. In the preface to " Burn's Ecclesiastical Law," page 26, it was stated " that it was necessary first to inquire what was the canoe law—not merely what were the opinions of the canon ists—and then compare the same with the common law and the statute law of England, and with the king's prero gative." They wanted not merely the opinion of th eanoniste, but bow far it had been received in England. Cho theta two points in the matter before the court, he feared they were totally r.nd entirely in darkness. The note of Lyndewode as to the Constitution of Peck 6am,which had been brought forward es some authority, did not refer to bishops at all, but to the election of minor prelates. Bishops were expressly excepted from that constitution. The object ap peared to be to endeavour to run a partite' between a pre sentation to a living and the confirmation of the appointed. Nothing was said about bishops; it merely feared to persona who were to be confirmedby bishops. Bat it was quite possible that, without more knowledge of the circumstances as to which Lyndewode spoke, they might fail to understand his meaning. He was, therefore, a very un safe authority to rely upon. After referring to the Constitu tion of Othobon, the learned counsel argued what would be the case, supposing the libel were received and the inquiry were conducted before the commissioners, supposing they found there were objections to the confirmation of the bishop under the law as it stood in those days, and that the commissioners refused to confirm. What would be the consequence of such refusal 7 That the commissioners would subject themselves to the penalties of prwmenire. The statute distinctly laid it down that the archbishop, if he refused to confirm, would be subject to those penalties. There was no provision ler the case of a refusal to confirm es regarded the vacant bishopric. There was as to the refusal to elect. This showed that it had been always considered that such provision was unnecessary, as, the appointment being vested in the crown, and the election once over, no opposition could be anticipated, and all that remained was for the archbishop to confirm, which, under the penalties of premunire, he was com pelled to do. The object of all the statutes of Henry VIII. and Elisabeth was to make the king the head of the church, end to place the King in precisely the same position as the Tope had previously stood in with regard to matters ecclesiastical. Mr. Justice Coleridge : Suppose the crown to have the power of dispensation, as the Pope had, would it be right to act upon it against the auyaiel eldeetion as to age Dr. Hayford said that it apprised to ban that so large a portion of these dispersing perms had been commitud to the Archbishop of Canterbary t as the metropolitan, that it must be takes he kid .Ibe power of dis pensing with ev TAM might belerfers with his obedience to the 11 eserdela ; and with regard to age, there ire a ad id pediment, which specially applied. HeidleallWasslkett no each _ interferences in the cue of egg assalis Bat what he had endeavoured raps loge di — lrirdlO was a mars formal act. Mammon lawdid notiatredacodielisetion of bishop', it merely regulated it; sad on skit he would draw ottotstiow to " Binskaa's Moieties. to show that eonfirmatioa had always less =as the mere formal recognition of the sierra, and that the duty of the archbishop fa atellnarg was like that of a retorting officer at ea eked= ; it was away to say that the electors had isempliod —' With OW . liwiltired keen —that the thing required was demi; sad** same[ beek west on to say that the parties called to comb. had as negative voice in the matter. This was prosiest, the eau in the present instance ; all that the commissioners bad done was to confirm the election; and who ever hued of sueh a proposition as that objectors should allow the eked* to be carried without opposition, and then come forward at a sub sequent stage, at which the party objected to would have no power to defend himself, and there Fleeter their charges' cast him ? With weird to the ewe of Joffe* the did not op to the present qua tioa, as had already stated by learned friend, In the case of Archbishop Parker, it appeared that the pro visions of the 26th of Henry VIII. had not been complied with, inasmuch as no archbishop sat amongst the commimioaen. Burnet, in his " History of his Own Times," speaking of the election of Dr. Cartwright to the see of Oxf•rd said that some of the bishops brought to Arch bishop Sa;icroft artiales against the bishop elect, and prayed that the confirmation and consecration might be delayed. The archbishop at first was inclined to comply with that request, but, after coasidering the matter, Archbishop Sancroft con sented to consecrate, because of the penalties of oneolunire, to which he found his refusal would subject hint. This proved the opinion held on the matter is those days. De siring as be did the prosperity of the established church, he should deeply lament any alteration in the appointment of bishops by which the element" of popular election might be introduced, and he felt confident their lordships would see, on every ground, the importsnes of such appointmulte re in the hands of the Crown. n i tr i l'addimeress Wowed ea the same side, and refereed to a variety of authorities to show that the canons relied upon by Sir Fitzroy Kelly were not applicable te bishops at all. The decretals of Gregory IX. and Status VI., clearly proved that inferior officers of the church, and nit bishops, were referred to. It was most remarkable that, al though those canons and forms were relied upon by Sir F. Kelly as the principal foundation of his argument, he did not cite a single case to show that there ever was, either before or since the Reformation, any inves tigation such as that now demanded. And it was still more remarkable, that the text writers were all silent upon the subject. The learned gentleman reiterated many of the princi pal arguments already addressed to the (mitt, and contended that such investigations were not only contrary to the whole scope and purview of all the statutes on the subject, but, if permitted, would lead to interminable difficulties and the most abetted inconsistencies. According to such high authority the ceremony of confirmation was not im perative, but, so far from it, was most frequently dispensed with by the Pope; and as the King of Eastland stood in precisely the same relation to the church as the Pope had done before the set of Henry VIII., it of neeeseity followed that the ceremony of eon firmatioa in this case was not an essential towards the bishop's entering upon his functions. If the bishop be deprived, that altered the case ; but, so long as he was bishop elect, be wan entitled to claim at the hands of the crown the full enjoyment of his office; and in that posi tion the bishop elect of Hereford now stood before the court. Looking at the question in a general way, would any one contend that the appointment of the crown to other offices, such, for instance, as in the case of any of their lordship* or themselvts (the court or bar), was to be canvassed or sub mitted to the supervision of any other authority r So much for the statute. And now, addreming himself to the argument of his learned friend (Sir Fitzroy Kelly), he must contend that the court could not legally interfere in the present case, nor even on any ground of ecclesiastical law, for the court had no jurisdiction in suck matters. Io Raymond's Reports there were several such cases decided ; one notably, wherein the interference of the court by way of mandamus to pretest the court of delegates from pro ceeding to deprivation was called for and repudiated by the judges.—Lord Coke expressly laid it down that such interfer ence was unprecedented, and it would be equally so in the case of the present mandamus, for it was impeurible to show the slightest difference between the two cases. A mandamus was applied for in the case referred to by the learned couusel, calling upon the Court of King's Bench to compel the court of delegates to admit the bishop's allegations; but Chief Justice Holt said, in bis judgment, that the court could not sustain such a mandamus, although it had the power to do so in the case of a probate of a will, because that was a temporal case, affecting private rights, whereas the court was the, called upon to exercise an ecclesiastical jurisdiction which it did not posses. There were other cases reported, wherein application appeared to have been made to obtain the interference of the court in civil matters, as in that of Dr. Lee (also reported in Lord Chief J ustice Holt's time), who applied to the court to issue a mandamus to swear in a proctor; and this was refused, on the ground that it was an interference with the ecclesiastical authorities, and, as such, could not be - done. So also in tee case of Hobart e. The et rchbishop of Canter bury, the mandamus was refused by Lord ELleaborough on the same specific grounds as those laid down by Lord Holt, There was also a large class of cases relating to mandamus, namely, those addressed to magistrates. The case cited and relied on hi Six F. Kelly *mons where a mandamus was applied for against the justices sit Kent;calling on them to make a rate, which the magistrates refused to do. A mandamus was applied for and granted, but there was nothing in that case to show that each en assumption of authority bad say reference to ecclesiastical matters. In the case AMT. Smith, reported in "Adolphus and Ellis," also one of mandamus and prohibition, alter appeal to the judicial council, the court refused to receive even a petition suggesting that a wrong decision had been come to by the privy council, and Lord Chief Justice Denman refused, on the ground that the court ,nould not assume an au thority to compel other cqurts to reconsider their judgments; the other judges, Littledale and Path - son, concurring in this decision. The same decision had been come to in the Court of Exchequer, by Mr. Baron Parke, who laid down the same principle of law. But the cases of mandamus against magistrates were so numerous as to be quite familiar to the court, and he would only cite one or two of the most appoute cases, one of which was in " Adol phus and Ellis," VII., p. 127, " Exports Pratt;" which was a case for quashing a conviction which had been appealed from and confirmed by the court below, the application being made on the ground that evi dence had been illegally rejected. The Court refuted to great the mandamus, element,. stating that there was no ground for so doing. Having said so much upon this point, he would not runner trouble the court, but would ooatent himself with the general argument' upon which his oat" reseed. Dr. Addams then rose, and said that, in the absence of his , learned friend (Sir F. Kelly), he was unexpectedly called upon to &Urea' the court.; and, that he feared he should not be able to do justice to the case, as he was unprepared to enter upon the argu ment in full, having only expected to be called upon to sustain the case of his learned friend; and he must also observe that be had not calculated upon being called upon to address the court that day. On thou grounds, therefore, he claimed the indulgence of the court whilst he stated his reasons in Support of the rule for a mandamus. In moving the court for the discharge of the rule, the learned attorney- Renee I had is the first place relied on the fact that the pro ceeding' of the archbishop or of his representative, the vicar-general, were merely ministrative, and that the proper remedy for any informality or irregularity was not by way of mandamus, but by appeal to the proper ecclesiastical court. He would proceed to deal with that part of the learned attorney-general's argument first, ad dressing himself subsequently to the remaining sections of his speech, Now, with respect to the ministratiu sets of the Archbishop of Canterbury, or rather of his repre sentative, the vicar-general, the construction put upon that pert of the proceeding was argued by the learned counsel to depend wholly upon the unseen.- don put upon the 'mute of Henry VIII. It was contended by the other side that the act of confirmation was merely ministerial on the part of the archbishop's officer, and that, es it might be dispensed with under certain circumstances, so it was not as essential or necessary thing to be done before proceeding to consecration of the bishop elect. But, for the purpose of introducing this argument, the AP torney-General bed entered into a very elaborate and learned disquisition on the ancient mode of appointing bishops an terior to the establishment of the preterit law. Ile. (Dr. Addams) would not trouble the court upon that part of the argument, but he would say a few wordy upon what the course of proceeding in such casts was anterior to the establishment of the canon law, The tin: ion of bishops, then, previous to the canon law being promulgated, was vested conjointly in the people and the clergy. In the process of time the people came to be ex cluded from perlieepation in the election, the nomination of the bishop resting with the clergy; at a later date it became vested in the diocesan, and later still the king assumed the sole right of naming the bishop.,_ When the statute of Henry VIII. came first into operation, the clergy alone had the appointment of bishops, and the learned attorney. general bad cited Blackstone and other writers to prove so common and obvious a proposition as that the appointment of bishops was now vested in the crown. That was clear enough, but it was not quite so clear that the crown possessed the power of making a bishop ; and whea the learned gentleman as serted that a bishop could legal) exercise his functions with out having been previausly coo and that the person or persons confirming him were not competent to inquire into his fitness, he (Dr. Addams) must observe, with nape ct to the armament that the prerogative of the crown was inveved in the question, that It might as well be said the pr. mettles would he attacked if, after the crown had nominated a clerk to a vacant living, the bishop of the diocese were, in the exercise of his functions, to inquire, previously to inducting such person, whether he was fit and proper for the office. That would be as much an attack on the prerogative as in the case under consideration; tied yet it was of every day occurrence. Now without calling the pre rogative of the crown at all ia question, what the supporters of the mandannui said was, Wit at all times, and under all ciresanstances whatsoever, whether theelection of the bishop was the act of the pow* and &WI of the eletZ alone, at al the king,whaflallffila hietatlffer Mob poseur of elation was rested, the arm mains was iasawfrkbe lambi k bat baseiswassormated y awallemseisa. Ike liaannese. dew proseeded h.... y ja wV oi estotweetrWliolitsk dark ~im eee eY e sated en.: rithis proceeding was rialrdell hi the progierjudkial authorities, in a compete* oust, Where all perms were to be cited and entitled to be heard, if they ap pend; after which, if the opposition proved invalid, the bishop was entitled to consecration. If the course of proceeding was in the order which he bad laid dowa—sad that it ten se win le the establishment of the lance law, was obvious I hem s..psmege is Juatinisa, who expressly said that the' bishop gut is to .undergo • delsy.oL.Omm months prior to being Do consecrated, in order to allow of time for inquiries Into hi character and qualifications ter the ofiles-Lhber wild ft bi maintained that oonfirmation was • rite utterly umpired by the existing law ? The au thority of Juatiniaa waubstere, but, es swain* into the Mena law, there weld be found no lack of evidence that anfirmatien was an aunt& and indispensable sits. AU the old writers .° canon law had so laid it down, and it w fee the sthe side Se show that the roles so laid down by thou prise is the tints of Henry VIII. bad not been en meshed epee thereon law, which had greened the church mdlesquerat to the Beicensation, before the court could enter tain their arguments. The doctrine he (Dr. Addams) laid down had ohms bees emoted before, and it had almost been adopted into the Corrals:is Canoseci, having obtained the sanction of Paul. The learned doctor then reseeded to quote the text of Lesendleens in support of his argument, when the attorney-general signifieddhat he could not fled the quotation in the copy of that writer, from which he had himself read extracts during his argument. Mr. Justice Coleridge—What Is the data of your edition, Dr. Addams f Dr. Addams-1584, my lord. The Attorney-Casual observed, that his edition was dated 1768. Dr. Addams, in continuation, said he relied on the text, and not on the glossae. Without citing Van Espin and ether authorities oa the canon law, he could not put that law on • higher footing that, upon that of Lanoellottus; and then came the question, whether the canon law so laid down had been, at the time of the Reformation, part of the law of the land, and still so continued. On this he referred to the dictum of Blackstone with refereuce to the provisions of the statute 25th Henry VIII. , cap. 20. But on precedent this had been shown to be the case. The case of Crammer had been cited. No doubt he had been elected under magi stool!, which had then crept into practice. The confirmation of Crammer was made by the Pope, at the expense of 900 golden dual, paid for the eleven butlis.under which that confirm ation was obtained. He (Dr. Addams) was not prepared with any other case in the time et Henry VIM • and in the time of Edward VI. the qualm of election and confirm ation of bishops did soupier to have arisen ; but, at this commencement of the reign of Queen Marv, the confirmation and consecration of Cardinal Pole was conducted in the 114110) manner as now. But in the reign of Elizabeth there were documents which put the present question beyond all doubt. It appeared that the forms adopted on the confirmation and consecration of the first protestant Archbishop of Canterbury (Parker), had been followed to the present day. The history of that pro. reeding was recorded in the fable of the "Nag's Head Con secration," and it was fully recorded by Burnet, Swype, and Bramhall ; and all these showed that the mode of pro. ceding in their days was the same as in the days of Arch bishop Parker, with the exception that, in modern cases, no witnesses had ever been sworn and examined in proof of the libel and the summary petition, which were now considered to be proved by their production. In Parker's case two wit nesses were examined to prove his fitness; and, with regret to the Bth article, there was in existence an absolute deposi. tion, on oath, by the half-brother of the archbishop elect, and a person of the name of Tulwin. This was material, as showing that in these early days a full examination was gone into at the confirmation. Mr. Justice Erie What is the date of that proceeding? Dr. Addams f On the 9th Dec., 1559, which was alter the passing the statute reviving the act of 24 Henry VIII. By the canon law he (Dr. Addams) submitted that by confirmation was meant the trial and examination of the clerk presented for consecration, though he (Dr. Addams) had no means of showing the mode of inquiry into the hie and conduct of the bishops elect in the time of Edward VI.; but it was singular that in Henry the Eighth's time all bishop • rim were in the gift of the crown, but afterwards abandoned, and the form of conge d'aire and confirmation adopted. It might be said that these were mere farms, but he contended it had arisen from the desire of the metropolitans in those days to examine into the fitness of clerks presented fur consecration. lothe form of ordination of deacons and priests, persons were invited te come in to oppose, though the learning, morals, end fitness of those presented for ordination had been inquired into by the archdeacon. But in the form qi the consecration of bishops, there was provided no such invitation to the congregation, and the only opportunity of doing so waist the confirmation. The Attorney-General interposed, and said be could fur nish the date in Parker's case accurately from Steyr. The conge d'aire issued the 18th July, in the first year of the reign of Elizabeth. There was no letter missive. The elec tion took place on the Ist Aug., and en the 7th December the confirmation was fixed for the 9th of December, on which day it took place. And then, under his own hand,Arch bishop Parker stated that he was consecrated on the 17th of December, 1559. Thus it seemed that more than twelve days had intervened between the cringe d'ilire and election, and more than twenty days had elapsed between the election and the confirmation. Dr. Addams resumed ; He had no doubt thou dates were correct, but he must remind the court that Burnet showed that in Parker's case there had been letters missive. The Attorney-General : The Lot is differently recorded in Strype, who speaks of a congi &aim leaving tt to the dean and chapter to elect a man devout to GA, and woeful and I faithful to the Queen and her succession.. Dr. Addams thought that nothing material would turn on that point. He returned to consider the statute 2.5, Henry VIII., which provided that the conga d else* named the person to be elected. It was said that such a cotvi (dire was a command, which left no choice to the dean and chapter, and if they disobeyed, they would incur prietnunire. From that opinion, though expressed by Bishop Gibson, he (Dr. Addams) most humbly differed. If the crown had a right to give a positive command to elect Dr. Hampden to the see of Hereford, it bad not been done as shown in the form of the conga trilire and the letter mis sive. By the letter missive they were not called to act on their alkgiance, but Dr. Hampden wet named and recom mended for election. Th , retort, the refusal to elect would not incur prwmunire, but would leave it to the crown to nominate and appoint. Again, be contended that if the dean and chapter had elected, under that letter missive, any other fit person than Dr. Hampden, and the crown had approved such election, it would have been good. As to the form of confirmation, he referred to " Leslie's Case of the Regalia," p. 109, showing the election of Hugh Follett, a Bihop of Hereford, in 1219, without letters missive from the king. This appeared on an inscription in Ledbury Hospital, and it proved that the bishops were elected, sometimes with. out and sometimes with the recommendation of the crown. If the supremacy of the crown were such as contended for by the attorney and solicitor-general, Queen Victoria would be, as said of Elizabeth, neither mare nor less than a " Woman Pops,"—(laughter)—for she could net only ap point but make bishops. This he denied, and contended there existed no such supremacy in the crown. In sup port of that position he cited " Hooker's Ecclesiastical Polity," book 8, chap. vii., page 524. The learned doctor quoted Hooker, to sh o w that while, in the form of appointment of deans and priests, there was an invi tation to all persons who had any objection to the appoint. meet to state such objection, there was no such invitation, tar even permission, in the consecration of bishops. He also referred to Bishop Andrews and Stillingtleet, to show that the crown claimed not the supremacy heretofore assumed by the Pope, nor the power of the , keys in eccle siastical matters, but simply the governmental prero gative and general superintendence, of old time exercised by the imperial authority of these realms. The court at this point intimated to the learned counsel that it would hear his further arguments to-nu.rrow. The court rose at half-past four. PROCEEDINGS THIS DAY. At the sitting of the court this morning, Dr. Addams resumed his argument it. support of the rule. He observed that in what he had yesterday said he had en deavoured to establish the supremacy of the crown and not the supremacy of order, He had also shown that the con firmation of a bishop wu a judicial act before and since the Reformation—that it was so unner the canon law, and was now so tinder the common law. The whole question turned on the construction of the i ' act of Henry VIII., for if the act of confirmation were merely a ministerial act, failing to do which the archbishop would incur the penalties of a pr.temunire, it was clear no manda mue would lie • but if, as he contended, the archbishop'acom. missioners had, in this respect, mixonstrue d the statute, f then the rule must be male abalute. The 23rd of Henry VIII. was pared for the purp Be of repressing certain coke done made by the Pope f. r bulls confirming the eleetion of 1 bishops. The subsequent act (the 2.5. h of Henry VIII.) laid down the mode of el, ction, ant gave the crown the power of ' nominating. It also provided that, in case the election did ' not take place, the cr....mt should appoint by letters patent. This act of confirmatien was necefeery only in the case of an ' election rfter nomi. ation ; and .n the case of presentment, it was provi.led that the archbishop should consecrate with all speed, without suing for an) bulls or order from the see of Rome. Here there was no mention of confirmation, nor could there be, as ennfirmation formed no part of the pro ceedings ; but it did not meeseartly follow that the archbishop was not to ioquira into tee fitness of the person to be conse crated, nor that hi. doing so would be any interference with o.e King's prerogative. He sow came to the case of an elec tion, and much Amor bad bun Laid upon the provision of the act, that, if the election task place within twelve days, it should stand good to all intents and purposes; and it had been asked what was to be done if consecration was refused ? There was no power of nominating anoth, r person, and that, if not confirmed, Dr. Hampden would remain the lord bishop elect. lie contended that the election✓ was an incohats act, and required to he completed. ' lf, between the time of election and confirmation, the person elected became a Roman catholic, or became insane, wu the archbishop to proceed to consecrate ? Was the person elected to be confirmed lied oonsecrated, even if he were . brought into Bow Cburch in charge of a lief per and in a strait waistcoat ? Welt, the statute went on to provide that, the fact of election being proved by the corporate seal of the dean and chapter, and the oaths being taken, the archbishop I must proceed to consecrate. Bat confirmation was • judicial as well as a ministerial set. The pains and penalties arm ' attire couldunder the statute, be incurred , acepted ter le OD not, some act done to the derogation of the power of the crown, and in maintenance of that of the Pope. No such act was involved in the mere inquiry into the fitness of a Lerti ia prmenteh for eon such a firnsation. diwi The d act are its nev i ; Francis Mason, an authority on this subject, who wrote di rectly after the paring of this sot, laid it down that all ob. jecton should be summoned, mod that when it was proved judicially that the election had been properly made, and that the ppeerrerr elected was qualified b 7 lemming and piety, the archbishop was to proceed to coolies's. This, said Francis Mason, was the mode of making bishops in England. It was not to be inferred that the confirmation was to co on with out some such inquiry ; or, if on inquiry it ehould turn oat that the party was not properly qualified, that the required form for completing the election should be carried out. Lord Denman. Pray who was Francis Maur ? Dr. Addams sadeeelood be was a dergyieaa at pest learning, and& great authority on the subject. The learned gentleman proceeded to quote Archbishop Bonner and other writers, in support of tae view taken by him, and as showing that before the Reformation it had been always held that the laity as well the clergy had the right to except for unfitness, and that., on proof of such unfitness, the archbishop had the right to make the election void, by re fusing to confirm. Thee, too, had also been the view take& scene the Referroatioa mid an instance in which opposition had not only beeWthreatened, bet actually carried out, was to be found in the case of Bishop Mentagae. He would not read this case again, but impress upon the court that Dr. Rives in that cue only refused to go into the case of the opposers, on the ground that the exceptions were not made in due form ; admitting, therefore, that, had they been pro perly tendered, they must have been received and intuired into. Lord Denman : It did not appear what anthority Dr. Rives had for laying it down that the exceptions must be made in writing, and by a proctor. Dr. Adams : According to the practice of the ecclesiastical courts, all exceptions must be made in writing, and the party must appear by a proctor. Mr. Justice - Erle asked whether the practice was, that no person could have a locus etandi in the ecclesiastical court*, except he appeared by a proctor. Dr. Addams : The party must appear, either by proctor or in person. He would, however, direct their attention to another authority in regard to this case of Bishop Monta gue, vie , Bishop Godwin. This writer, in his "Life of Bishop Mootarne," had clearly shown that it was his opinion that the penalties of minnows would not have been in curred by the archbishop, had he, on sufficient cause shown, refused to consecrate ; and also that the laity, as welt as the clergy, bad a voice in the election and confirmation of a bishop. (The learned gentleman read the passage from Bishop Godwin, is which this opinion appeared.) ' Mr. Justice Coleridge observed, that in the case referred to, it did not appear that any inquiry as to the nature of the objections bad been made. The inquiries instituted after the confirmation were merely of a formal nature. Dr. Addams: Still the nature of the objections no doubt transpired. Jones would take care that they should be known in the same way as had Mr. Guttridge in the case of Dr. Lee, the other day. And, with refuted to this recent can, he would observe, that then the unfirmation ems by oonnthelen ; but in the case of Dr. Hampden—though the contrary had been argued by the other side—there was, in fact, no commission. In the case of Dr. Lee, a commission to confirm had been issued by the Archbishop of York ; and what then took place at the time of confirma tion was this: On objectors being cited to appear, Mr. Gutteriehre presented himself. The vicar-general first in quirod his name, which he gave ; then, what was his pro fession 1 which he also answered. Next he was asked where he resided 1 To which he replied, Birmingham. Then se veral iaterrogatories were made, he apprehended for the purpose of bringing out the fact that he had no particular interest in the matter—that, in fact, he was rot even an inhabitant of the diocese to which Dr. Lee bad been elected. Then he was asked if his exceptions were in wri•ing. He said they were, and he tendered them ; and, after all this, the case was disposed of in rather an snomejous manner, by the vicar-general telling him that there was an end to the objections, as they were not tendered in due form, but adding that, if they had been, they could not have lean en tertained, for the commissioners were obliged to confirm or incur the penalties of prentunire, and confirm they did. A strong Use in justification of the present proceedings, was that of the famous Dr. Clarke, who was suspected of Arianism. An opposition was prepared, in case ha should be nominated by cong d'ire, but the neceentv did not arise. A similar instance was the case of Dr. Handel!, dur ing the last century. He was recommended to the bishop ric of Gloucester, but the curate of St. Anthony threatened to oppose his confirmution in Bow Church, and this with the approbation of his bishop. But the bishop, fearing a preemunire, dissuaded him. However, in cousequenca of the threatened opposition, Randeil was not elected, but ob tained the bishopric of Derry, in Ireland, where ere was neither election nor ooufirmation. The whole history of Randall was published in a pamphlet of the time, bearing the sit]. el " Doctor Codex." Having explained the regular coulee of proceeding respecting a caveat, the learned doctor proceeded to say, that no one could pretend to affirm that the proceedings in the case of Dr. Hampden were not regular and judicial. It rwu a perfectly regular proceeding to apply to that court. They had been cited to appear before the vicar-general, had appeared, were refused a hearing, and then they had no remedy but the preseat application fee a man damus. The learned doctor here recapitulated the recent proceedings in Bow Church on the election of Dr. Hampden, and the reason which had been given by the vicar-general and Rescuers for refusing the parties opposing, a heering. He contended that the reasons for refusal were not Do much dread era prtemunire, as a fear of violating the statute lsw. These were the proceedings which the licrned Solicitor Ge neral had called ade usion, a sham, and a shadow. (A laugh.) Wee the congi deuce a sham and a shadow 1 Was the confirmation a sham and a shadow? He agreed with the learned gentleman that the election was a sham and a shadow ' and that the sooner that sham was swept away the better. But the learned gentleman had not alluded to another sham and shadow, in which parties were cited to appear, did appear, at great trouble and expense, and when they appeared they were refused a hearing. Lord Denman: They were called contumacious if they did not appear—that was no sham or shadow; but when they did appear, they were refused a hearing. Dr. Addams: Exactly so. In hi, opinion the learned solicitor-general should bring in a bill, ordaining that eoa firmation of bishops should always be held on the lit of April, and when the parties cited appeared, let them be silenced, and it would only be following the old custom, and making April fools of them. (A laugh.) The attorney general's second objection was, that the proper course of proceeding would have been an appeal. They had been promised cues in which parties had appealed, hut that pro mise had not been kept. The objection had not been for. toted by any case,. He contended that by the practice of the ecclesiastical courts the parties bad no remedy by appeal. The proctor for whom hei appeared had tendered his allegations to the assessor, who told him that be could not give in an allegation until he had established his right to appear. lie was refused appearance ; none was recorded, and consequently there was no possibility of appeal. He had been counsel for Dr. Lee, and in that case he should have insisted on in ap pursue being entered when an appeal could have been lodged. He contended that in this case there could be no appeal, nor any remedy, unless a mandamus were allured to issue. The second objection of the Attorney-General was that the Court of Queen's Bench had no means of ineestiga ties, and that at all evenu the inquiry could not be:termi nated within twenty dale, the time pointed out by the statute. On this part of the ease their lordships had been re (erred to Oughton to show that the vicar-general lad no contentious jurisdiction. The peonage stated that the Vicar- General had no contentuous jurisdiction, except in cues which were not contentious, Such as the conhunation of bishops. The only rational meaning of this passsge was, cases which were not conteatimu in themselves, hut might become so, in extraordinary circumstances. In such case the juris diction of the vicar-general ceased, and thee what remedy was there for the parties ? The Attorney-general, interrupting the learned doctor, said he understood that, during hie abeence„his learned friend had repeatedly carte d that there was no commission. There it was (handing in a document), directed to Drs. Burnaby and Lushington, and Sir J. Dodson , "our commissioners. " Dr. Addams was wiry that he had been mieinformed, but he had never heard of the commission before. The learned qcuoontetenadtedlentLetht there from w t e h re e prolegomena of P l: pos meeth ili i; :h 'da a n t l there was an aleclute ne rutty for in- In cases of natural hindrance, such as sickness , it was mon o( this nature being completed within twenty days. qm odw ili f 2;:f e ess u r of a oriemunire. Allusions had been mode to the grounds to suppose that a delay would incur the danger of a on which the opposition to Dr. Hampden was tounded. It had been asserted en lb. other aide that the apposition was founded on two books, published some years ago, and that the head and front of Dr. Hampden's arum* was his having smarted that dogmatism in religion was attended with danger and inconvenience. But that was not all. The objector' alleged that, in the" Bampton Lectures," the rev.doeterspoke in derogation of the Book of Common Prayer. Surely, if that were true, there were some grounds of objeetion. Dreadful injury might result to the interests of religion and of society if the court were to refuse the mandamus in. this cam ; for the consequence would be, that both laity and clergy would be &peeved of all means of objecting to the confirmation of a hiship, no mutter how strong their grounds of objection might be. The metropolitan would be obliged to confirm within twenty days, under hekvy pe nalties. On the other hand, what reasonable objection was there against the issuing of • mandamus—what injury scald ?cult from its being issued? Supposing it granted, the parties would go to trial in due form before the Archbishop of Canterbury, in the Court of Audience, where the sus pected unsoundness of Dr. Hampden's doctrines would be put to the test. If they should come out of the searehing ordeal munched, the learned doctor would take his seat on the bench with greater sat sfactim to himself and benefit to the public: while, if unsound, the result would justify the application of his clients, sod a new election must take place. With respect to this part of the case he had not mush to say, se he preferred leaving it to the learned counsel who were to follow him; but he could not avoid saying that the ca w, cited appeared to him not at all to bear upon. tie pre sent application. In all those cases there were maw of appeal, but in this there were none. The leaned doctor pro ceeded to quote the case of " Lucy v. Bishop of St. David's " In that we a mandamus did not lie. And why ? Because the allegations tendered were rejected. But it the present ease they were not permitted to teuder any adegetions, and 'there was no remedy except by appeal, and in the present case it seemed to him that a mandamus was peculiarly ap- plicable. Mr. Stephens said he would offer oaly a few observations on the statute of Henry VIII. and the right a the cou* to great a miusdamus. After quoting the sth section of the statute, the fumed gentleman contended that the power of consecration was not conferred on the arthlanhop, because that passer was in hits already. Bp the 7th station he was alib i jecW tothepenaltiesof a peesnuaire if he refused to conse crate, but it was only in case that bia seismal was The reason for limiting the time to twenty dojo was to do away with the interference of the pope in making bishops which was the great aim of the aunt. of Hasty VIII. Then the question arose whether the act of oonserrauoir Mss ajadleial or a ooininterial ow. He contended that the salmsfieg of the performance of a certain duty ley set of b s limo& did not make it ministerial. Upon sentence bisAsep became an ecclesiastical judge, trr in e a ble statute, a *luta' peer eh°. Aad tele Mein it was whisk was celled on the other idea mere shearer The learned gentlemen referred to 17 Viner's meat," page pap 229, title "Prerogative of the Hist ;" kel4, 11. title Lush., Iteperuaium." 1 10 ; " Codex," 104, in order to Moss that the archbishop had the power of meting judicially. the submitted that, when the parties were in flow Church, they ware performing' a judicial duty, and ought to have heard say person who had Objettiollll to make. In thio the perdu waked to he allowed to make objections. Bat, so