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

THE CASE OF THE REVEREND DR. HAMPDEN. QUEEN'S BENC - 11-(THIS DAY)• (Sittings in Banco before the Loan CIIIEF•JUVTICE "Ella JII,tiCOS PATTESON, COLERIDGE, and ERLE.) Tne QUEEN e. THE ARCIII3IB/10P or GANTERISURT. The arguments were resumed this morning. Dr. Animus first referred to the points urged by him yesterday. He said he now had to contend that the appointment of a bishop arose from his election, the Crown confirming the said election, and that the business of confirmation was judicial and not ministe terial. The statute of Henry VIII., entitled " the , payment o f fi rst f ru it s t o th e L or d Bi s hop o f Rome, ' vas passed in order to abolish the power of the Pope in the appointment of bishops, and, consequently, to abolish the enormous sums levied on the new bishops by the Pope for bulls, briefs, and so on ; hut it did not, he contended, prevent any opposition to the elec tion of a bishop. The term " cor;firination " was not used in the part of the Statute which had reference to presentation, and therefore he contended that inquiry might be made into the piety or doctrine of a bishop s., so presented for election by the Crown, in the same Way as the bishop of a diocese might inquire into the doctrires or character of a clerk appointed to a living; and this might he done without violating . the Act of Henry VIII. in the one case, or existing Acts in• the other. The election of a bishop was an inchoate net., and if his confirmation did not take place, he would never be the bishop of the diocese; he would simply be the bishop elect. Much stress had been laid on the absolute nature of the circler to confirm. Suppose a bishop, between his election and confirmation, went over to the see of - Rome —suppose a bishop, after his election, became • insane, and were brought into the church in a strait waistcoat to be confirmed—could it be said that the Commissioners appointvd to confirm would incur the Paine and penalties of prsemunire by refusing, under the circumstances, to do so P To contend that con . firmation must follow was an irrational interpretation of the Act. @Confirmation was as much a judicial as a spiritual act. He could see nothing in the Act to prevent persons from appearing when they were cited to do so ; and there were cases on record in which opposition had. been admitted, for which the parties admitting the opposition did not fear incurring the pains and penalties of-praimunire. Francis Mason, - In writing in 1625, shortly after the passing of the Aet, said that persons were clearly entitled to appear, and that the fact of their doing so would riot subject the hearers to pramunire. Lord DENMAN—Who was Francis Mason ? • Dr: ADDAMS—He was a clergyman and preben dary at Westminster, and is a person generally con sidered of great authority. Archbishop Potter, in his work on Church Government, though claiming the supremacy of the Crown in all matters ecclesias tical —though not in the same sense as claimed by the Attorney and Solicitor-General—con aidered that not only the officers of the Church, but the people should consent to the election of a bishop before he could be ordained. He said the People should be called three several times, if, from ght piety, learning, and life of the person proposed, he was a fit and proper man to fill the vacant office. 'Raving alluded tdthe opposition of a bookseller named Noses to the election of Bishop Montague, reported in . Collier, he contended that the opposition would have been received if it had been offered in due form of law;' and Dr. Rives, an able and eminent divine, declared that the opposition would have been valid if It had been in writing, but as it was not, it fell to .the ground. Lord DENMAN inquired what authority Rives had for saying that the grounds of opposition to a bishop must be drawn up in writing? Dr. Annams conceived that he inferred so from the fact that it was usual in the Ecclesiastical Courts to receive proceedings in writing. Mr:' Justice ERLE also inquired what ground the sterne authority had for saying that a locus standi could not be obtained unless the grounds of opposi tion were presented in writing by a proctor? Dr. ADDAMS said he was incorrect in this, as a suitor might appear in persona. The Learned Counsel then read the account of the election of Bishop Montague, as reported by Bishop Goodwin. Lord DaismAN said, no doubt bishops were con sulted on these matters but it would be important to ascertain whether the opposition in the case of Mon tagne took place before or after confirmation. Dr. ADDAMS then referred to the opposition given to the election of the Bishop of Manchester by Mr. Gutteridge, who was confirmed by commission. After asking Air. Gutteridge several questions, the Chief Commissioner finding that his exceptions were not signed by an advocate, told him that his opposition could not he entertained, at the same time stating that the commissioners considered that they were simply there for the purpose of confirming the said Bishop, and not to hear en) grounds of opposition. The Learned Counsel then cited the case of the end rient..Dr- Clarke. and, Dr. Randell, whose doctrine being considered unsound, were not elected on account of opposition, though the last vifras afterwards ap- POinted Bishop of Derry, hut in this country he was to have been Bishop of Gloucester. He hoped that he had shown their Lordships that the busitiess of con firmatiun was inertly a judicial act. The fact, that the warrant of confirmation was endorsed ." fiat con firmatio," was strong presumptive evidence of this; the fact, also, that parties were cited to appear a few days before, and in short the whole proceedings came under the same interpretation. It these acts were-not judicial he vvasat a lose to undentand what were judicial proceedings. It was absurd to say that the commissioners -had no power to hear the grounds of opposition. Ile then recited the pro cseedings which took place at Bow church. The Learned Solicitor-General had said that the pro ceedings at the election were merely "a sham and a shadow," h i t if they were so, surely the confirmation came under the definition. When he expressed. him se lf so strongly of " shams and sha d_ows,' as evinced i n th e e l ect i on, he might have gone further with great propriety, and said that the citing of parties to appear, and when they did appear, at great expense to themselves, and at great pains and trouble, being told that they could not, and yet after that were again cited, was a " sham and a shadow" of-the most egregious and monstrous kind. LOrd DENMAN, having referred to the affidavit, said—lt appears the parties say that they appeared when they were cited to do so, that they were told they could not appear, and that all parties who were sited and who did not appear were judged " contu macious." Now it appears to me that the Learned S olicitor -General meant that the whole of these pro ceedings were " shams and shadows." The SOLICITOR-GENERAL—Oh yes, my Lord, Very word of it.—(Laughter.) bring A Dnems h ope d t h e L earne d C ounsel would rig . in e Bill to abolish such useless ceremonies; or, if they %ire to be continued, that he would bring in a Bill fixing future confirmations for the Ist of April, Ito that the old story. of making people April fools might be carried' out to the letter.—(Renewed laughter.) If he had been the counsel for the oppos ,.in.g party in the case of the Bishop of 11..lanchester, he should first have insisted that the appearance of the opposing party should lyerecorded in the registrar's book, as in that case a th ere 'could be eo doubt that they would have an ,P a lrslal, and weld have come to this Court for a men u !nus. Heughton considered that the court ap pointed to confirm .a bishop had j urisdiction to hear grounds of o p pos i t i on, and otherauthorities agreed with him. The ATTORNEY -GENERA L here said, as Learned Friend had stated in his absence that his r? com mission was issued by the Archbishop, he wished to produce the original, in order to set the matter at rest. It was directed to Dr. Burnaby, Sir John bodp on , an d Dr. Luehington, who, to use the words on ers of. the deed, " are •- hereby constituted our comm i s - Dr. ADDAMS said he had been misinformed, but he might takett iatotunity of sayi ng th a t t h ey h a d not th e same facilities of refererce to the register Whig Learned Friends had. When the statute said that confirmation must tak e pl ace w i t hi n t wenty days,* it i nferred that was Some lawful hinderance , s uc h s to b h e don . e ll u e n s l s es o s n the th re e Part of the person to bo confirmed. as attention of the Court to the 26 t h of e H n e b r e i henry Which. •begged d ll th l e provided for the election of suffragan bishops, and it stated that their confirmation should take 11 1 4 '7 within three m on th s if t h ere was no l et or 11 " e ra 71 eet and it could not be said in the case before the Court that there was no let or hinderance. (The ease was proceeding when our report left.) I.IIOSECIITIONS.—The reveral Police-courts in the tortropolis hare receiv , d the following directions on the soh set prosecutions for all serious offences within theft. respective districts:-- Da c. 30, 18 -17. Geutloinen,—Some iinstailees having recently occurred of prisoners chur ge d with serious offences being committed fo r trial, and of public inconvenience experienced from want of directions to counsel to prosecute, I am directed hY Seen Lary Sir George Grey to desire that for the future, in all serious cases of committals, when the Party irjured is not bound over, or is unable to prose cute, you will transmit as early as possible, for the in formation of th e S ecretary of State, co of all deo sitions taken by you therein ,same may be con 84t. 8. M. PHILLIPPS." that the p p sider e d , and directions given for prosecutions.—l am , . THE LE7TER or THE LAW.—A well-bred man 1 ° the words of our worthy Town Clerk, bath been dis covered in th e debtor's prison of Exeter. An o ld 4; it a certain number ; of loaves for the re of one poor debto rs .. T h i s fortunate individual was the °Troy , and as the trustees considered the provisions the will binding , they have been stuffing him with the p°rvision s of chait y to the tune of the twenty-nine tw o u nd loaves per week. The council came to the reso i.litieek on W e d nes d ay, of violating the law of the land, departing from the will of the pious donor, and -- Western worthy primer's allowanoe. r N, LON DON, TILE MAIL PACKET SERVICE BETWEEN ENGLAND AND FRANCE. (From the Annotateur of Boulogne.) We have already made a general expose of the steps that it would be requisite to take were a serious wish entertained to make the transport of dispatches through Boulogne as regular as the service will allow. We are about, on the present occasion, to compare the service of this port with that carried on by Calais, and to show how much more favoured the latter is than ourselves, by reason of the facilities which it exclusively possesses. If reference he made to the postal convention of the 23d of December last, published in the Moniteur of the 27th, the following notice will appear :—" The departure from London:. will take place at eight o'clock, P.m.; the dispatches will be returned to the Post of at Boulogne at half-past two o'clock A.M." And further on :—,' The departure from London will take place at eleven A.M. ; the dispatches will be re turned to the post• office at Calais the same day at six o'clock p.m." What strikes us at the first sight is the fact that seven hours are allotted for the conveyance of letters from London to Calais, whilst only six hours and a half are granted for the passage from London to Boulogne ; this is half an hour to our disadvantage, and yet the re verse ought to be the case, for every one is aware that the passage from Dover to Calais is somewhat shorter than that from Dover to Boulogne. The departure for Boulogne takes placeat night throughout the year; whereas, at Calais, it takes place during the day for three-fourths of the year— ant.ther disadvantage. The harbour service at Calais is performed by boats expressly constructed for the purpose, and manned by hands long accustomed to the operation. Our seamen have no experience of this kind of service, and their boats are wholly unfit for it—third disadvantage We are assured that Mr. Hamilton, the English Vice- Consul, has been ordered to England by the Admi ralty, with authority to choose and bring hither a perfect boat. This is something, and we ought to show ourselves grateful for the condescension of the English Admiralty; for everybody knows that the service often necessitates the employment of two boats at once, and even a third in reserve, in case of damage, Ike. At Calais the mails are commanded by officers of the locality itself, whom an experience of twenty years has rendered perfectly acquainted with the soundings and currents, &c., and who certainly will do all in their power to insure the success of the ser vice as far as in them lies. At Boulogne the officers are English, whose capabilities are undoubted, whose good will itself inspires us with every confidence, but who, perfectly an fait of the peculiarities of the port of Calais, are in no wise acquainted with ours; they have here their apprenticeship to serve, and the con sequence is that a long time must still elapse before they can lose, in thick foggy weather, that indecision and that nervous anxiety inseparable from the position in which they have been placed—a fourth disadvan tage. Whosoever will weigh all those unfavourable cir cumstances, and will, above all, reflect that as the trains leave at a fixed hour, a delay of two minutes is fatal, will be in nowise surprised if the mail service has failed six times at Boulogne against four at Calais. It is a certain fact that if our packet-boats had been able to dispose of the surplus half hour which those of Calais possess for their passage, and if their captains had been as much at home at our port as they are in that of Calais, the five days just alluded to would have been reduced to two (on the 9th and 18th January) ; and we ought to show what were the causes of those delays, and to demonstrate that the port of Boulogne had nothing to do with the matter. On the 9th the packet was compelled to re-enter the port in consequence of damages sustained by the engines, so that another vessel had to get its steam up and to take the mail. On the 18th there was such a tempest from the S.S.W. at Dover that no packet could leave. The Calais and Belgian mails were sent from Ramsgate. We cannot repeat too often that the harbour service, whatever our neighbours may say, is as feasible at Boulogne as at Calais, provided it be carried on with vessels expressly constructed for the purpose, and manned by picked hands, paid in proportion to the miserable hardships which they will be called upon to undergo in bad weather. It is also proper to notice another circumst a nce. The letters from England via Calais reach Paris at five A.m., and are included in the first deliveiy, when they are behind hand they leave by the four o'clock train, and are distributed at noon; their delay is not productive of any inconvenience. Those of Bou logne, on the contrary, ordinarily delivered at noon, are sent off, if behindhand, by the half-past eleven o'clock train, do not reach the capital till night, and are not delivered till the next day—a delay which is far more inconvenient, and gives rise to loud com plaints. We must also say, that in the recriminations pub lished in the newspapers the port of Boulogne is often !darned for delays of which it is entirely innocent. Thus, the .A'ational announced some time ago the delay of two letters dispatched from London on the 6;11 of January. The first, posted in the morning , was not delivered in Paris until Saturday toward s noon. The second, dropped into the box on Thurs day evening, only reached its destination on Sunday morning, 48 (read 60) hours after its deposit in the letter-box. Now, the first of the these letters passed through Calais, the second through Boulogne, and although the Calais mail of Thursday, the 6th of January, in the evening, and that of Boulogne of Friday, the 7th of January, in the morning, were both behind hand, and missed their respective trains, they left by the following trains, and were delivered in Paris on Friday at noon and the same day in the evening. If, therefore, the letters in question had not been delayed by some negligence, either in the Post•office of London or Paris, they must evidently have been de livered 24 hours sooner than they were. We shall conclude by correcting an assertion in the Industriel de Calais totally destitute of truth. That print has not blushed to inform its readers that the port of Boulogne,. having a rocky bottom, cannot be deepened so as to permit the entrance.of the packets at all times of the tide. The Industriel Calaisien knows perfectly well that there is no rock whatever, but only sand, in that part of the port which would be excavated for the purpose of rendering it " rnediterranean." DOINGS IN BRISTOL. In order to advance the restoration of the beautiful church of St. Mary Redeliffe, Bristol, some of the snore earnest minds in that city have associated them selves under the title of the "Canynge Society," and held their first meeting on the 3d instant. An annual dinner, whereat the amount subscribed during the year is to be declared, and a portion of the building selected for restoration, forms part of the plan. A subscription of not less than 21s. annually constitutes a member. Mr. J. K. Haberfield, whose name has been long associated with good works in Bristol, is th..first president ; and th e mayor , t h e v i car o f t h e parish, the chamberlain, and various members of the corporation are on the committee. The idea is due to Mr. Thomas Proctor, who has devoted himself for some years past to obtain the restoration of the church in question, which, as the address of the Canynge Society truly sets forth, " is one of the most beautiful examples remaining of mediaeval art, and a store house of associations, both literary and historical." The new society can scarcely fail to advance this object materially, but it seems to us quite extraordinary that such a step should be necessary in a city like Bristol, full of wealthy men. The Exchange, one of the best works. of John Wood, of Bath is to be re stored. We mentioned some time ago, that parties contemplated a renewal of the paint with which the stone walls of the quadrangle are covered. Some members of the town council, opposed to such a proceeding, called in Mr. Godwin, the architect, for an opinion, who advised that the walls should be fresh faced with the tool, and in making his report, alluded to the beauty of the building, and its miserable state of decay. This :appears to have had some effect, for tenders have just now been sent in for restoring, stone by stone, a considerable portion of the building, under the town surveyor. The Exchange affords a sad instance of the insubstantial nature of Bath stone. Although but one hundred years old: (it was com menced in 1740, and opened September 21st, 1743), it is going literary all to pieces. It is to be hoped that some other stone will be used in the restoration. MELANcnour ACCIDENT.—On Saturday evening last, the 15th instant, an inquest was held at the Foun tain Inn, Falmouth, kept by Mrs. Beals, before William Geun, Esq., coroner for the borough, on the body of a poor woman by the name of Treleaven, a fruit seller, a native of Penryn. It appears Treleaven and two other women were sitting in the streets, nearly opposite the above inn, with their baskets of apples, when a strange man, apparently a sailor, who was paEsing, was accosted by Treleaven, and a , ked if he wanted apples. A bar gain was struck for what she had in her ~basket—she was desired to follow him into the inn , which she did, and was followed by her two female companions. Soon after entering the room a half pint of shrub was ordered, which was followed by a second half-pint. The man, in searching his pockets for money to pay for what had been fur n i s h e d, t oo k ou t a brace of loaded pocket-pistols, which he placed on the table without saying they were charged. Th e wt n3an Treleaven took up one of them in her hand, observing to the man and to her female com panions, that it was a pretty plaything for her children, and she should like it. The man observed that he could not part with them, he had bought them for his own children. At this moment the pistol held in Treleaven hand exploded. The ball it contained passed through 'her cheek, taki ng a di rect i on t h roug h t h e roo f o f th e mouth, and lodged in the skull. She at once fell a lifeless corpse without a struo•glo. The poor woman has left a hu s b an d and four small children to lament their leea. IRELAND. ATTEMPT TO MURDER. DUBLIN, JAN. 24.—Two farmers, named John Sullivan and Michael Connors, were stopped last week by three men armed with guns and pistols, in the barony of Cothmore, in the county of Waterford, and who demanded money. On being refused, one of the party fired at and slightly wounded Sullivan. A reward of 601. has been offered for the arrest of the villains. SUSPECTED MURDERS BY POISON. A paragraph from the Boyle Gazelle, announced the death, under suspicious circumstances, of the brother and sister-in-law of the late Rev. Thos. Ma guire, the celebrated controversialist, and also stating that there were grounds fur believing that the rev. gentleman had been himself the victim of foul play in some quarter. The stomachs of the brothers were forwarded to Dublin for medical examination, and this day Dr. Brady, after a careful analyzation, dis covered a quantity of arsenic in the stomachs, quite sufficient to cause death. The demise of Mrs. Ma guire following so close upon that of her husband, the inference is that she, too, did not die from natural causes. Suspicion has fallen upon a female domestic who resided for fourteen years with the Rev. Mr. Maguire, and who, it is said, expected upon his death to be put in possession of some property which he held, but which he subsequently willed to his brother and family. It is supposed that the rev. gentleman partook of the poison by accident. REPEAL ASSOCIATION. The usual meeting of this body was held to-day at Conciliation Hall, Burgh. quay, and was numerously attended ; Mr. Jeremiah Dunne, Lord Mayor of Dublin, in the chair. The CHAIRMAN requested Mr. J. O'Connell to read a letter he had received from him on the subject of the omission of the late. Mr. O'Connell's name at the recent civic banquet, in which be stated that the cir cumstance occurred quite unintentionally on his part. Mr. O'CONNELL then read the letter referred to, and on behalf of the association, accepted the apology offered by his Lordship. Mr. J. O'CONNELL next read en extremely long communication from the Right Rev. Dr. O'Higgins, enclosing 411. from the diocese of Arriagh. The letter was then inserted on the minutes and a „Tote of thanks passed to the writer. Several sums of money were then handed in ; amongst others, 31. from the Right Rev. Dr. Blake, Roman Catholic Bishop of Dromore, and 51. 10i. per the Rev. John Kelly, Kells • 4/. 10s. per the Rev. E. Costigan, Lusk ; 51. per the Rev. R. Kelly, Roman Catholic curate, Dunboyne, which the rev. writer designated " the Shrewsbury repeal rent." The rent for the past week will be something more than 1071. IRISH SPECIAL COMMISSION. LIMERICK, JAN. 22, SATURDAY NIGHT. Shortly after the transmission of the dispatch by this afternoon's post, the fearful ceremony of passing sen tence of death upon the three men, Skeehan, Quaine, and Howard, was completed. The two former affirmed their innocence in so many words. Howard, on being asked whether he had anything to say, said, " I am innocent of this charge, and many in my country know that I am ; I am as innocent as the child unborn; many of my clergy know it. However, I have nothing to gain or lose by what I say. I forgive those who prosecuted me. I did not know them. I could not identify any of them yesterday ; and if I got my liberation at this moment, I could not identify Hourigan's house unless it was pointed out to me. The boy that stood there (pointing to the table) yesterday swore against me; he had my description learnt before I was arrested. I have reason to understand it was combined against me. He knew there was a reward. He learnt I had moles on my face. That was the reason he was able to identify me. It was so plain to the world the minute he turned round and said, he had moles on his cheek.' Let any one give me a description of a man that he had moles on his cheek, and I would identify him. I hope, my Lords, by your mercy, and the mercy of Almigh7 God, you will take my case into your serious consi deration—for it deserves it. lam innocent, but lam satisfied to die. lam not afraid to appear before my God, for I never killed any man. I lived ten miles from Hourigan's. lam as well pleased to die as any thing else if it is the will of Almighty God to inspire your hearts with it. I shall have a better master than any master in this world, and I am not afraid to ap pear before Him." The men were left for execution on the 22d of February next. An idea prevails amongst the lower orders that unless theirs is the hand by which the fatal shot is fired or fatal blow is struck, they are not guilty of the murder. It is said to be true that neither Skeehan nor Quaine filed the shot by which Hill was murdered, and that Howard's was not the actual hand by which the Hourigans were killed, and upon that ground they persisted in their innocence. The evi dence, however, upon their respective trials estab lished beyond a possibility of doubt that they were parties present at, and participating in, the outrages which resulted in the murders of these persons. Howard has the reputation of being one of the worst characters in the neighbourhood of his residence, and it is reported that last year, during the opera tions of the Board of Works, he, by his threats of revenge, comp e ll e d th e superintendent officer to keep his name on the books, and to pay him the usual amount of wages, though he performed no labour in return. On the prisoners being removed, The ATTORNEY-GENERAL, addressing their Lord ships, said, that as Monday was fixed for opening the commission at Clonmel, it was impossible for them at that time to proceed further in the arduous duties in which they had been engaged in this and the ad joining county of Clare. The very dreadful exam ples they had witnessed during those three weeks would, he hoped, prove to the unfortunate, infatuated people of the two counties, who had been engaged in crime, that it was utterly impossible for them to escape withimpunity. After tho scene they had just witnessed, it was unnecessary he should refer to them at greater length. The number of capital convic tions that had taken place, and which must be carried into execution, and the number of persons who were now bidding adieu for ever to all they held dear in this country—if these examples ha 4 no effect upon those who were engaged in a course or crime, it would be impossible that anything he could say would more impress them with the danger in which they stood. After complimenting the jurors on the manner in which they had discharged their duties, he said he hoped that it would be unnecessary to resume the proceedings under the commission, but he would suggest to their Lordships that, in case it should be necessary, the Commission should be adjourned until Thursday, the 10th of February next. The LORD CIIIEF JUSTICE said the proceedings under the Commission were entirely under the regu lation of the Government, and he and his Learned Brother, therefore, bad no hesitation in complying with the application of the Attorney-General. It only remained for him to say that he entirely con curred 'in his observations on the attendance and conduct of the jurors. The country owed them a debt of gratitude, for never, in his (the Lord Chief Justice's) opinion, had he seen jurors discharge their duty with more firmness, patience, or con scientiousness. NORTHERN CIRCUIT. The following days were yesterday arranged with regard to the above circuit : (Before Mr. Baron ALDERSON and Mr. Baron RoLric.) Lancaster—Saturday, February 19. Appleby—Wednesday, February 23. Carlisle—Friday, February 25. Newcastle—Tuesday, February 29. Durham—Saturday, March 4. York—Thursday, March 9. Liverpool—Monday, March 20. THE RECENT FATAL ACCIDENT AT THE EUSTON SQUIRE TERIIIINUS.—LUSt evening Mr. G. J. Mills held an inquest at the UniTersity College Hospital, on the body of James Hickie, labourer, being the third party who died in consequence of injuries received on the 6th instant, by the falling of a wall, &c.. in progress of erection near the above terminus. It will be recollected that Mr. Mills held an inquest on the first sufferer, John Shea, on the 10th instant, when the jury declining, though the Deputy-coroner consulted them on the point, to examine professional persons unconnected with the building, returned a verdict to the effect " that Shea had died front injuries caused by the fall of a certain wall, but hew that fall was produced there was no evidence to show. The verdict did not give satisfaction, and a second sufferer dying, an inquest was commenced on the body on Thursday, the 20th, which Mr. Wakley and the jury ordered to be adjourned to Monday next, that they might have the evidence of an architect, appointed by Government, to examine the locality of the accident. Mr. Mills adjourned the inquiry of yesterday to the same day, after the proximate cause of the death, but not the remote cause, which is now the great object of inquiry, had been proved. SOCIETY OF GUARDIANS FOR THE PROTECTION OF TRADE.—An extraordinary meeting of this society was held yesterday, for the purpose of taking into con sideration the state of the law with regard to lending goods upon hire, and to take measures to promote the appointment of a public pr osecutor , t h e l essen i ng o f ex penses in criminal proceedings, and the more efficient punishment of swindlers and bill stealers. Mr. Alder man Farebrother took the chair, and a very long dis cussion took place upon the state of the law, which per mits goods lent upon hire to tenants to be seized by the landlords for rent. A motion to refer the subject to a committee was lost. O . n the other s u bj ects upon the notice paper being introduced by Mr. Barber (who spoke warmly in favour of the efforts made by Mr. Gray to secure the conviction of the swindlers who had ro bb e d him), it was, after much cons ideration, resolved that a public meeting should be called, for the purpose o f con .idering them, as well as the necessity for amending th e iaw relating to the lending of goods on hire. This reso lution being arrived at, the meeting separated. WII:DNESDA Y • LITERATURE. THE ANGELIC 1 7 6Uin SAINT ALOYSIUS 01 ' GONZAGA. Translated from the Italian of Fa ther Pasquale de Maffei. By H. S. 11. the Princess Maria Elisa di Gonzaga-Mantua, Princess (1 . Costly 'ion e, A Volume of Roman Catholic devotions, written for the t tse of Roman Catholics, and illustrative of the life a. Od - writings of a Roman Catholic saint—we are induct ?d to notice this publication, as it appears to us to be a Very singular historical curiosity. The book is an e. tact and graceful translation from the original of the ; ?adre Mattei, by the Princess of 11. S. 11. Alexand er, Prince di Gonzaga-Msntua, &c. &c., the last desc. sndant of the ancient and illustrious family of which Al op sius was a member. The existence of this celebrated' religious of the Papal Church appears to have been .of itself a miracle of asceticism. Born on the 9th of March, 1568, in the Castle of Castiglione —the son of ' Ferdinand Gonzaga, Prince of the Holy Empire at al Marquis of Castiglione, and of Martha Tana San tena, daughter of Tanus Sante* Lord of Cherry in Piedmont—Aloysius seems to have aban doned hin iself to a series of austerities which only terminate d with his death, on the 21st of June, 1591, shortly tiller he had completed his twenty-third an niversary.. Before then he had long practised as a disciple of . Ignatius. His career is so extraordinary that it is Q.onsidered by his co-religionists as an evi dence of his sanctity, while it is viewed by others as nothing lees than the consequence of an unparalleled fanaticism. Of the character of the religious sentiments of Gonzaga we may obtain some conception by gleaning the following as among the more remarkable of his maxims :-- " Let him who falls into sin, however trifling, have recourse immediately to God, and entreat for pardon." —p. 21. "'The strength of a Christian proceeds from the holy fear of God ; for he Who fears God has nought else to fear."—p. 38. "As water when ruffled or agitated by the winds cannot represent the image of objects ; so the mind which is obscured by d e f ects or ag it a t e d by passions, is incapable of expressing in prayer the images of celestial objects."—p. 49. " No one ought to esteem his neighbour worse than himself, but rather, if possible, put a good construction upon all his actions." —p. 60. "He who desires to love God does not love him truly, unless he has a continual thirst to suffer for him every sort of silliction."—p. 70. The volume before us contains devotions for what is called a plenary indulgence, and others for a novena, the latter being suggested by the reflections penned by Cardinal Bellarmine. In the present translation, which is written in the purest idiom of our language, there is a peculiar interest, seeing that it is the effusion of the wife of the living representative of the Gonzagas —a Prince whose rights have been acknowledged by Napoleon and Pius, and who, when only fourteen years of age, re ceived on the field of battle the decoration of the Legion of Honour from the hands of the great Em peror and King. This interest, arising from his posi tion, is enhanced by his misfor,tunes. The work under consideration is dedicated to Pius IX. in these words—words as earnest and dictated in a more ge nerous and gentle spirit than those employed by Walter Savage Landor in his dedication of his " Hellenics" to the same Pontiff:— "Most Venerable and August Pontiff, your Holiness having, in the private audience with which you honoured my husband, Prince Alexander di Gonzaga, deigned to accept the homage of my English translation of the Devotion to St. Aloysius di Gonzaga,' and benignantly pronounced these words, This work would do much good in Englund ; ' allow me to offer ray most gratetul ac knowledgments for the favour your Holiness has thus conferred upon my undertaking. I feel assured that this record of the above words, pronounced by the successor of St. Peter, and by the Wisest, Greatest, and most Be loved of all earthly Sovereigns, will impress upon the minds of my fellow-Christians the spiritual advantages they may derive from the more intimate study of the miracles and virtues of the great saint whose name I have the honour to bear. Of your Holiness, the most devoted and attached child in Christ, Princess Maria Elisa di Gonzaga-Mantua." We doubt not the book will be examined with particular attention by the Roman Catholics of England- PRACTICAL ILLUSTRATIONS OF THE NECESSITY .OF ASCERTAINING THE DEVIATIONS OF THE COMPASS. By Captain E. J. Joinsox, R.N. Barclay. This valuable and important work is the result of the observations, inquiries, and researches, of Cap tain Johnson, the Superintendent of the Compass Department of the Royal Navy; and it is published under the sanction of the Admiralty. Its object is to illustrate the necessity which exists for ascertain ing the deviations of the compass on board all ships ; and when we inform our readers than the annual average number of wrecks of British ships is about 547, and that at least ninety-nine out of every hun dred vessels are navigated across the seas by persons who have no knowledge of the deviations of the com pass, it will be evident that such a work as the one now before us is a boon of inestimable value to the nauti cal world. The deviation of the compass is quite independent of the variation : the latter is tolerably well understood by all seamen, and is properly al lowed for in the science of navigation ; but the former is nothing more nor less than the error of the compass, and to calculate the extent and influence of which is a matter of great difficulty, inasmuch as in some vessels the amount of deviation is small, while in others it is so large as to be quite sufficient to cause the loss of a ship even during a short run. Thus it is clear that the deviation in one vessel is not a guide to its amount in another ; and there is no other remedy but ascertaining this precise amount by direct experiment in each ship. For this purpose Captain Johnson has laid down a set of " Practical Rules," which are appended to the work now under notice. We have stated that the deviation is the error of the compass ; and from the causes of this deviation it will be apparent that iron vessels, espe cially steamers, incur incalculaWe perils so long as the amount of deviation remains unascertained. For the deviation of the compass is mainly caused by the influence of the ship's iron upon the magnetic needle, according to the direction of the ship's head; although minor causes of deviation may be found in th e reciprocal action of com passes upon each other when the binnacles are placed too closely together —as well as in the imperfection of the compasses themselves, or rough usage, and in attention to the occasional examination of the pivots, caps, needles, &c. Now every one—be he the veriest landsman, that never saw the sea—knows that in directing a ship's course allowances are made for leeway, the set of the tides or currents, and for the variation of the compass ; but it is by no means so usual to find that any allowance is made at all for deviation. We frequently read of ships being wrecked upon a coast, a rock, a sand, or a shoal, from which, accord ing to the " lead, log, and look-out," they calcalated at the moment of the disaster they were fifteen or twenty miles distant ; and then it is wondered how the misfortune could possibly have occurred. The wreck of the Apollo frigate and forty of her convoy on the coast of Portug a i, in 1803, was the subject of profound marvel in the nautical world at the time, seeing that the charts were accurate, the calculations nicely made, and the usual precautions of navigation duly adopted. A similar sensation of wonder was excited when three of our finest line-of-battle ships were wrecked on the coasts of Jutland and Holland in 1811 ; and in thousands of other instances the surpriie has been as great, and the mystery has appeared as impenetrable. But the lucid demonstrations of Captain Johnson have at length dispelled that mystery ; and it is plain and evident that while all the usual precautions of the art of navigation were adopted in the cases alluded to, the one grand calculation was omitted—the de viation, or error, of the compass was unthought of I We will suppose a vessel to be steering up the Channel in the night ; it would endeavour to pass midway between the Portland Lights, on the English coast, and Cape La Hogue, on the French coast. In this case it would leave all the perils of the Channel Islands and the Gaskett Rocks on the right. But an error of half a point in her compass__ that is to say, the deviation—in a long run, would carry her into the very dangers which she was endeavouring to avoid. Again, the distance betw een D ungeness Light and the Light on Cape Griznez (France) is twenty-three miles. The Reliance, East Indiaman, was lost on the French coast in 1 842, by taking a wrong course through the deviation of the compass, and which led her to mistake the French for the English Light. But if the deviation can be so great in wooden ships, how much more must the magnetic needle be influenced by the huge masses of iron employed in the construction of steam ships and their machinery. This consideration may naturally revive the question of how the Great Britain came to be wrecked ; for the error of the compass frequently induces a course which will place signal lights in such a position with regard to the ship as to engender the most fatal mistakes. Thus, in 1842, Captain King, of H.M.S. Alban, info rme d Capt;in Johnson that on one occasion, when leaving the Long ships Light (on the Cornwall coast), he steered north for sixtes miles, and then north by east for the Tuscar lighthouse (on the Irish coast); but when the weather, which had been very thick, cleared up, to his surprise he found himself in a most dangerous situation on the Welsh coast 1 In this instance all the usual rules and practices of seamanship were fully adhered to ; but it was the deviation of the compass, for which no calculation had been made, that led to the adoption of a course so far astray, and so per i lously wrong. " The Ethalion, ' says Captain John son, quoting another instance, " rar upon a shoal in the Gulf of Finland when steering, as the captain and master supposed, in the fair- way between two shoals, according to the bearing of a point of land given in the sailing directions, as leading clear of thew. The point of land did actually bear as di- EVENING, JANUARY 26. 1848. rested ; but then it was the bearing taken with the Ethalion's compass, which was found afterwards to have been attracted by some bars of iron under the quarter-deck." And here we must observe, that as the deviation in one vessel is not a guide to its amount in another, neither is it a guide . to the direction of such deviation. This remark most especially applies to steam-vessels ; for, " supposing the deviations of the compass in steamers to be represented by curves, they are much more abrupt in some vessels than in others ; appearing as if they were produced, not solely by the effect of cast-iron, such as the guns, nor by the rolled iron of the great funnel; but also by mal leable iron, probably polarized, such as portions of the machinery, boats' iron davits, &c., and possibly by soft iron in certain positions." The grand conclusion, therefore, to which Captain Johnson comes is, " that nothing but actual observation in each vessel can be relied upon for practical purposes." The captain gives us a table, showing the deviations of the compass, as ascertained by actual observation, on board fifteen of her Majesty's steam-vessels; another table, showing the deviations on board as many ships of war of dif ferent rates ; and several other tables, all illustrating his arguments and corroborating his opinions. Many of the results ascertained by Captain Johnson were derived from expriments made by swinging several of her Majesty's ships in the waters in front of Ingress Abbey, at Greenhithe; and every test which his imagination could devise, or which circumstances suggested, tended to confirm all his preconceived views relative to the paramount necessity of arriving at the deviations of the compass in every ship upon the earth's wide waters. And it is because we our selves are struck by the immense importance of the subject thus scientifically and logically brought for ward, that we have treated the matter at such length, and in a way which, we hope, will be completely in telligible to the public generally. COURT CIRCULAR. WINDSOR, TUESDA.T.—Viscount Palmerston is expected to arrive at the Castle this ecening, on a visit to the Queen. La Marquise de Trazegnies and Major de Moer kerke were in attendance on their Belgian Majesties yesterday afternoon, on their arrival at the Castle. - The royal dinner party at the Castle this eyening will include their Majesties the King and Queen of the Belgians, her Royal Highness the Duchess of Kent, his Excellency Mons. Van de Weyer, the Lady in 'Waiting of the Queen of the Belgians, La Mar quise de Trazegnies, the Lady in Waiting of the Duchess of Kent, the Baroness de Speth, Viscount Palmerston, Lord George Lennox, and the Gentle man in Waiting of the King of the Belgians, Major de iloerkerke. The band of the Royal Regiment of Horse Guards will attend during dinner. The Queen's private band will afterwards attend in the Castle. General Bell had an interview with Sir George Grey yesterday, at the Home. office. Sir Henry Vere Huntley, late Lieutenant-Governor of Prince Edward's Island, transacted business at the Colonial-office, yesterday. Mr. John Wood, Chairman of the Excise, had an interview with the Chancellor of the Exchequer yesterday, at his official residence in Downing-street. Earl Granville has arrived in town. SPORTING IN NEWMARKET CRAN Acceptances for the at lbl 8 13: 8 1i 8 6 8 6, 7 9. 7 7 7 6 7 5 7 3 7 2 7 0 7 0 6 13, 6101 TELLIGENCE. rEN MEETING, 1848. iewmarket Handicap. Mendicant, 5 yrs Miss Sarah, 6 yrs The Conjuror, 5 yrs Prussic Acid, 5 yrs Administrator, 4 yrs St. Demetri, 5 yrs Watchdog, 4 yrs Sagacity, 4 yrs Queen Mary, 4 yrs Lady Lift, 4 yrs Dcriadss, 4 yrs Doctrine, 4 yrs Millwood, 4 yrs Palma, 4 yrs st lb Kimblesworth, 4 yrs 6 9 :Marquis of Conyng ham, 5 yrs . ISir Peter Laurie,4 yrs 6 8 :b f byThe Provost, out of Cracow, 4 yrs Miss Whip, 4 yrs Sylvan, 3 yrs Bacchanalian, 3 yrs, 5 13 Good Boy, 3 yrs 5 10 Reflection, 3 yrs 5 8 Sam Hood, 3 yrs 5 7 Miss Margrave, 3 yrs, 5 7 LETTERS CIRCULATED by POST. Estimate of the number of chargeable letters dglivered in the United Kingdom in each year, from 1839 to /847.* Number of Letters. 76 rallonit 169 ". 196 i ". 207 .- 22(q ". 242 ". '2715 299 i ". 322 ". ANNUAL INCREASI« Per centage reckoned on the Number for 1839. 123 per cent. 36 14 18 ... 28 ..• 39 ... 37 ••• 30 ... Number of Letters. 93 millions 27} ... 10i ... 13i ... 21i ... 2 ... 2fii ... • The estimate for 1839 is founded on the A scertained number •Jf letters for one week in the month of Nivember ; am!, strictly speaking, it is for the year ending Dec. 5, at which time 4d. was made the maximmn rate. Ihe estimate for each subsequent year is founded on the ascertained num ber of letters for one week in each calendar month.— (Vide Return to the House of Commons, No. 586, 1847.) This is exclusive of about 6i millions of franks. AB)-EL-KADER. The following letter from Toulon contains soma cnrious details upon the submission of Abd-el- Kader "TOULON, JAN. 19. "I have seen the Emir. It is quite a mistake that his eyes are black ; they are of a decided grey, shaded by very long black eyelashes. He speaks very fluently, which is a proof of high distinction among the Arabs. Whatever may be the reputation of Abd-el-Bader as a soldier, politician, or Mahometan priest, it is much greater as a literary man. He is said to be as learned as an Arab can be. Two leather trunks containing his library have always accom panied him, even daring the last months that preceded his submission. They also made part of his personal baggage on board. But every one is ignorant of the real cause of his submission, which was love. He is another Antony. After having endeavoured with heroic courage to make a passage thraugh the Moorish camp, he succeeded, with a considerable number of Lis followers, in sufficiently disengaging himself as to be able to gain the desert, but at the moment he was about to profit by the liberty this last coup de main gave him he heard the firing which had reached his deira. Then, like the lion of the desert who sees his lioness entrapped and his cubs carried away, he retraced his steps and fell upon the Moors, with the rest of his faithful followers, whilst the cries of his wives, whose tents the enemy had commenced pillag ing, exalted his courage. Twice the Emir was rolled to the ground with his horse wounded under him, twice surrounded and seized he released himself by his extraordinary agility, and gained a victory by hard fighting in the midst of a victorious retreat. " The Moors, intoxicated with the desire of pillag ing the deira, threw themselves in numbers upon this body of 4,000 old men, women, and children de fended by the Emir, surrounded on ly by hi s kalifats, aghas, bachaghas, and the chiefs of his regular troops, and likewise in want of ammunition. Finally, after having left behind him a train of his friends' and enemies' blood extending three leagues, ho arrived upon our frontier, where, for the price of such an offence, he found no other alternative than a choice between two enemies. At last, abandoning his deira, which enclosed all his affections, to our generosity, he departed, in order to regain the South. After two nights' march, though certain of saving himself, his heart softened at the idea of his isolation, and pre ferring captivity with his friends, he returned to treat with us. If this man had not already con quered our esteem by the heroic struggle he has sus tained against us during 15 years, every one here agrees in saying that the courage he has displayed in this last and supreme hour of his military career de mands our deepest sympathy—provided that history does not write upon his tomb, to our shame and the justification of England, 'He also came like Themis tocles, but like Napoleon he only found an implac able enemy.' " The Emir is still confined in his sad prison. lie reads the Koran to his faithful followers. During the prayers they open the windows and make a large fire in the middle of the room. his mother cries, his wives sob, and he is almost broken hearted. It is said the only thing which consoles him is that the un faithfulness of his enemy aggravates his misfortune." CONSUMPTION or MEAT IN PARIS.---During the year 1847 there entered the public slaughter houses of ! P aris 82,519 oxen, 24,990 cows, 83,577 calves, 503,113 sheep, 239 goats ; and there left these establishments 48,81i0,266 kilogrammes of meat for Paris, and 140,965 kilogrammes for the Ban ue—in all 49,021,231. There were delivered to the trade in Paris 3, 158 , 101 kilo grammes of melted tallow, and 2,236.248 kilogrammes to the exterior—in all 5,394,349. In 1846, the number of animals slaughtered was 79,995 oxen, 22,586 cows, 84,260 calves, and 486,445 sheep, and 4,909,502 kilogrammes of melted tallow were delivered to the trade. The consumption of 1847 thus exceeded that of 1846 by 2,524 oxen, 2,404 cons, and 16,668 sheep, and was less by 683 calves. The quantity of tallow was greater by 475,187 kilogrammes. To the 48,880,266 kilogrammes of meat supplied to Paris in 18,:,5f3.1.30754t6hei. slaughter houses must be added 4,653,280 1 kilogrammes introduced by the barriers, the total being 51 In counting the popdation at, in round 'lumber:, 1,000,000, the consumption will only be ab ou t is kilo grammes per head, which very little indeed, especially when from them must be deducted the portions which are unfit for food. The quantity of pork, which is generally consumed . by the lower classes, which was introduced into Paris in 1847, was 4,488,878 kilo grammes, which gives only about 4i kil ogrammes to each individual. Surprise is expressed that, with such a limited consumption, the 376 sausage-makers of l'aris can make such costly displays in their shops.-- Galigitaxia Messenger. THE CASE OF THE REV. DR. lIAMPDEN. GO URT OF (2 UEEA'S BENCH, Jan. 25. (Sittings in Banco, before the LORD CHIEF JUSTICE, and Justices PATTESON, COLERIDGE, and ERLE.) VIE QUEEN V. TILE ARCEIBISBOP OF CANTERBURY. (Continued from our Afternoon Edition of yesterday). Dr. BAYFORD proceeded to say—When the Court looked at the power of theVicar-General, who took part in such proceedings, they would find that it exactly bore out his views of the case, that the Vicar-Ge neral had no contentious jurisdiction, and that the proceeding of confirmation was only a pro forma one. In support of his opinion, he would refer the Court to the authority of Houghton on the subject. -Lord Coke, in his 4th Institutes, page 357, said, with respect to the Court of Audience, " this Court is held in the Archbishop's Palace, and meddleth not with any matter between party and party of contentious juris diction, but dealt with matters pro forma, as the con firmation of bishops' elections." Clarke, in the year 1599, said that the office of Vicar-General was executed in the Court of Audience at St. Paul's Church, but that confirmations and pro forma matters ss ere carried on at Bow Church, as was stated in the affidavits of the other side. The Learned Doctor then called the attention of the Court to the case of Thorpe v. Mansell, reported in the Consistory Reports, in which Dr. Haggard gave judgment, founded on the assumption of the connexion of the Archhbishop's Vicar-General with the Court of Audience. Suppose this mandamus were granted, and the parties were to appear before the court at Bow Church and give in the libel which they said they had drawn up, containin g a charge of suspected erroneous doctrine, the next step would be to go through the libel read to see if there were any grounds of oppo sition. The parties to the case would then be the Dean and Chapter of Hereford v. the op posers. The bishop was out of the question, he was merely a by-stand er , and; it wou ld b e placing the bishop elect in a mo s t difficult position, and he would have to answer that he was a man of piety, and great modesty would prevent the bishop, the words of whose motto should be " nolo epicopari," from challenging his opposers to prove the contrary. Then the next step would be to prove the statements of the libel ; witnesses would have to be called and cross-examined, which would occnpy days and days, and the commissioners would have no power to enforce their attendance, or compel the parties to put in an answer to the suit, or to enforce their sentence when given. It would be out of their power to do substantial justice unless all the parties were disposed to come forward and offer no obstacle to the progress of the suit. Then the witnesses on the part of the Dean and Chapter would have to be examined with respect to the charges, and it would be perfectly impossible, if the. Court should sit diem in diem, and parties employed constantly writing out their evidence, and all willing to forward the inquiry —it would be found perfectly impossible to have the inquiry com pleted within the time which the statute limited for it. The statement contained in the libel referred to certain matters contained in books published in 1836. With regard to any charges that could be brought against the Bishop upon that ground, he would be protected by the Church Discipline Act, the 12th sec. of which stated that " every suit against any such clerk in holy orders for any offence against the laws ecclesiastical shall be commenced within two years; after the commission of the offence in respect of which such suit or proceeding shall be instituted, and not afterwards." The 23d section also stated, "Be it enacted, that no criminal suit or proceeding against any clerk of holy orders for any offence against laws ecclesi astical shall be instituted in any ecclesiastical courts other than before instituted and provided." So that upon the question of time and place the Bishop was fully protected. He would refer the Court to the Institutes of John Paulus Lancelotus, which had been frequently referred to by the other side. Irving in his " Introduction to the Civil Law," speaking of the writings of that person, said that they were commenced under the approbation of Pope Paul V., and occupied 15 years in writing. The writer lin gered for two years in Rome, in a fruitless endeavour to obtain the sanction of Pope Pius IV. The only favour, however, that he was able to obtain was, that his "Institutions" should be added to the Corpus without any grant of authority. It was clear that his writings never obtained in this country, or were re garded as authority: In the preface to Burn's Ecclesias tical Law, page 26, speaking of the ecclesiastical law of England, and the mode in which ecclesiastical law was to be extracted from the materials with which it was mixed, said, " Therefore the business upon this head is to inquire what is the canon law upon any point, and then to find out how far the same was re ceived here before the statute, and then compare the same with the common law and the sta tute law, and with the law concerning the King's prerogative, which is also a part of the connuon law, and from thence will co me ou t th e genuine law of the Church. How they invented the first of those two points they were in complete darkness; with respect to the canon law, they had nothing but the opinion of the canonists ; they were in even worse ignorance with respect t) the second point, and it was n. t at all improbable that they should be led into error on the subject. Even Linwood, one of the greatest authorities, was at fault upon this point. In the constitution of Othobogn, who was a legate from the Pope in this country, and as such presided at various councils in this country, it was stated that confirmation followed upon election. It was at the election that the opposition, if any, was to be brought forward, not at the con firmation. It was clear that the only party who could interpose in the confirmation was the Arch bishop, and if he did so act he would subject himself to the penalty - of prwrnunire ; and the s weep ing clause of the statute of Henry VIII., was intended to meet such difficulty. The object of that Act, and similar Acts passed in the reign of lilizabeth, was to place the entire government of the Church in the King, who was the head of the Church, and which formerly rested with the Pope. Mr. Justice COLERIDGE—Suppose that the Crown should exercise the power vested in the Pope, of dis pensing with] any dignities, such as that for age, for instance, would it not be necessary for the Crown to perform an act and dispense ? Dr. BATFORD said that the Crown could not dis pense with that, as the perogative would be bound by express statute upon the subject of age. The Learned Doctor then went on to call the attention of the Court to the duties of the Metropolitans, which with respect to elections i was simply that of a returning officer, and in support of this view quoted, " Bingham's Christian Antiqui ties," book ii., chap. xvi., sec. 12, which stated that " the 'Metropolitan were to regulate the elections of all provincial bishops, and either ordain or autho rise their ordination." In Burnet's " History of his Own Times," vol. i., page 696, he spoke of the election to the see of Oxford by Dr. Cartwright in the year 1696, and said, " that two men mere pitched upon as the fittest instruments to betray and ruin the Church, and some of the bishops brought to Archbishop Sancroft articles against them which they desired he would lay then before the King in Council, and pray that the mandate to consecrate would be delayed until time was given to examine the particulars of the articles. Bishop Loyd told me that Archbishop Sancroft promised him not to consecrate until he had examined the articles; but that when he saw the danger he would incur by the penalty of praemunire, if he delayed the proceedings, he con sented at once to proceed to consecrate?' Such being the position of the case, he felt convinced that the Court would not issue their mandamus in this case. The subject was one of great importance to the inte rests of the Church of England, and their Lordships would pause before they adopted any course which would not fail to be productive of fatal results. He deprecated anything like the elements of popular election being introduced into the election of bishops, and sincerely trusted that the matter would be al lowed to remain in substance, as it at present was, in the hands of the Crown. Mr. WADDINGTON followed on the same side. The Court was met by insuperable difficulties at the very outset of the case arising from their ignorance of the canon law, and it was for his Learned Friend on the other side to prove that the canon law of the ceu , itry would support the present proceeding. The canonists who had vuitten on the canon law, and whose writings '-were relied upon by the other side, had misquoted the Decretals, which were the foundation of the canon law itself. Linwood was notoriously incorrect, and no authority at all. Lord Holt had said, upon more than one occasion, that not one half was law which was contained in that writer. But upon referring to the Decretals themselves, he found that tie decretal of Gregory IX. passed in the year 121,5, quoted by the other side, that the word used was " Prelati" and not "Episcopi," and that whenever matters relating to the Bishop] were de creed, the word always used was "Episcopi" and not " Prelati." Lord DENUAN.—What was the date of the conga d'elire, by King John ? Mr. WADDINGTON said that he thought it was the 16th of John. That monarch succeeded to the Crown in the year 1199, and it would appear a most curious coincidence that the Decretal of Gregory the Ninth, and the conga d'elire should have been in the same year. The Decretal of Sextus, passed in the year 1299, , a150 used the wor d s " Prelati," and not " Episcopi.' The arguments founded by his Learned Friend on the writings of the canonists must, therefore, fall to the ground. The statute of Henry VIII. provided for the election of bishops, and then ordered their confirmation ; but in cue of default by the Dean and Chapter to elect, or the Archbishop to confirm, they would become liable to the penalty of prremunire, and the Crown would at once proceed to the appointment without confirmation. It might be asked why was it that in the one case confirmation should be re quired, and in the other dispensed with? lie thought the reason was an obvious one—the election by the Dean and Chapter would be one by inferior persons in the Church, and, as the natural conse quence, required confirmation ; but the appointment by the Crown was one made by the head of the Church, and needed no confirmation. Hitherto a veto had been left with the Crown in cases of elections, but should the present proceeding succeed, the power of veto would be trans ferred to an inferior power, and the preroga tive of the Crown would be subjected to be placed under the veto of such power, which would be monstrous and unheard. of inconsistency, one which he could not possibly think his Learned Friend would induce the Court to sanction. The Learned Counsel then proceeded to cite a num ber of cases in which prohibitions and mandamus had been issued to the spiritual courts, with a view of showing that such a course had only been adopted where the matter in question was of a temporal, and not a spiritual nature, such as probates of wills. In the case of "Lucy Is. Bishop of St. David's," which was an application for a pro. hibition directed to the ecclesiastical courts, Lord Chief Justice Holt said, " that it was without prece dent to grant prohibition to an ecclesiastical court for any act committed by them in opposition to the canon law ;" and in the case of an appli cation for a mandamus made by the same parties, Lord Holt, in delivering judgment said, " the court cannot grant mandamus to compel them to aot according to their canon law." Upon the authority of all those cases, he contended that the Court had no jurisdiction in the matter, and could not issue their mandamus calling upon the Archbishop to hear the opposers. Dr. ADDAMS, in the absence of Sir Fitzroy Kelly, then proceeded to address the Court in support of the rule. In reply to the arguments which had been brought before the Court by his Learned Friends on the other side, he would call the attention to the mode of electing bishops prior to the canon law, and during its continuance down to the present time. He did not think that by the present proceeding they were at all calling in question the prerogative of the Crown anz more than if the Crown, possessing the right of pre sentation to a living, should appoint a person to such living, and that the bishop of the diocese should prior to his consecration entertain an inquiry into the fitness of such person. Long anterior to the passing of the canon law, it was the custom of hearing parties previous to the confirmation of the bishop elect. In support of his opinion the Learned Doctor referred to various extracts from the works of Lancelotus. The extracts selected did not, however, appear in any of the editions of that work quoted from by the other side, it appearing that they were of consi derably later date. The election of Cardinal role was by conge d'elire, and he was confirmed in the usual manner at Bow Church. From the reignsof Elizabeth there were numerous documents upon record showing what was the actual state of the canon law in that period. The election of Archbishop Parker, which had been referred to as the Nag's Head consecration, had been narrated at various lengths by Burnet and Strype, but with greater accuracy by Burhall, a re p r i nt rom the original document having been recently published, to which he would call the attention of the Court. In that case it appeared that two witnesses were heard upon oath in support of the articles exhibited by the opposers, and it was worthy of ob serva ti on , as meet i ng one of the arguments brought forward by the other site, that the confirmation of Archbishop Parker did not take place within the twenty days mentioned in the statute of Henry VIII. Mr. Justice ERLE—Was the date of that confir mation subsequent to the passing of the 2eth Henry \TIM The ATTORNEY- GENERAL said that the date of the conge d'elire, according to Strype, was the 18th July, Ist of Elizabeth, the election took place on th e Ist of August, and on the 7th of December the confirmation was fixed to be holden on the 9th of :December, and upon that day the confirmation took place. The consecration, according to the Archbishop's own letter, took place on the 17th of December, several months after the date of the conge d'elire, but in that case no letters missive were sent to the Dean and Chapter. Dr. ADDAMS, quoting from Burnet's History, stated that a letter missive had been sent. It ap• peered also that there were several other discrepancies in the account of the transaction between the two historians, Strype and Burnet. The Learned Doctor then proceeded to argue that the Dean and Chapter were not bound to elect the person named in the letters missive, under the penalty of prasmunire, the only penalty attaching to the act of the Dean and Chapter in tie election of any other person being that of the appointment by the Crown, by letters patent, of such person as they might name. If the Dean and Chapter had elected sonic other person instead of Dr. Hampden to the see of Hereford, could it be maintained that they would be liable to prternunire ? Would not the person so electect have been Bishop to ali intents end purposes ? The Learned Doctor then proceeded to read at consider able length several authorities, for the purpose of showing that the authority of the Sovereign in the election of bishop or archhi,hop was not so extensive as was contended for by the counsel against making the rule absolute. The Learned Counsel had not con cluded the citing of these authorities when the Court rose, at half. past four o'clock, and the further argu. mnents were ordered to be resumed to-morrow morn_ ing at ten o'clock. MORTALITY in the MiTROPOLIS. NUMBER OF DEATHS FROM ALL CAUSES REGISTERED THE WEEK ENDING SATURDAY, JAN. 22, IVO. Epidemic, Endemic, and Contagious Diseases ••• 379 Diseases of Uncertain Seat ••• 3G Turbercular Diseases... ..• ... 195 Diseases of the Brain, Nerves, and Senses... ••• 138 Diseases of the Heart and Blood-vessels Diseases of the Lungs, and other Organs of Respiration ... ••• ,- ;443 Diseases of the Stomach, Liver, and other Organs of Digestion... ... Diseases of the Kidne)s, &e. Childbirth, Diseases of the Uterus, &c. Diseases of the Joints, Bones, and Muscles Diseases of the Skin, &e. Violence, Privation, Cold, or Intemperance Sudden ... Malformations... ... Premature Birth ... Atrophy ••• ••• Old Age ••• ••• Causes not specified DEATUS FROM ALL CAUSES Fonulation Enumerated, 1841. West Districts... 300,711 North Districts.. 375,971 Central Districts 373,653 East Districts ... 392,444 South Districts .. 501,190 Totals... ..... 1,948,425 Males ... •.• Females ... ... ••., 67 ... 21) ... 25 ... 27 ... 3t ... 78 Males Female• 1,401. Average weekly Deaths Deaths, 1843-7. in tho Five Winters. Week. . 161 ... 169 . 209 ... 252 . 203 ... 274 • 235 ... &20 • 299 ... 386 „, 1,107 BIRTIIS IN THE WEEK. ... 1,401 ... 703 ... 698 ... 659 ... 644 Total ... ... 1,303 NUMEROUS DESTRUCTIVE FIRES IN ONB NIGHT. —During the night of Monday the metropolis wa4 visited by the outbreak of four serious fires. One broke out upon the extensive premises belonging to Messrs. Beech and Berrell, lacemen and haberdashers, carrying on business at No. 64, Edgwar e -r oa d. It was cause d from some light articles hanging in the front window blowing against the gas, which set the whole in flames. Owing to the timely aid afforded the flames were speedily extinguished, but not before the stock of laces and fancy ribbons in the shop windows was severely damaged and the splendid plate• glass windows de molished. The loss, it is believed, will exceed 2001. The second fire happened in Grove-news, Great James• street, Lissou•grove, in the tenure of Mr. E. Oliver, writer and grainer. It began in the buildiegs imme diately over the stables, and was occasicned from the heat of a stove. The premises were severely damaged by fire, and a valuable horse is the sta ble be low nearly burnt to death. A third fire broke out upon the premi. aaccompanied which body set of the flt f I lm o o e w r i l amen t a ble loss of ale, broke out in the p rem i ses b elong . sea belonging to Mr. T. E. Ma nn, eatin g -h ouse keeper, No. 7, Bucklersbury, Cheap side. It was caused from the over heating of the s e te k a i m tche boiler, iin nearly a f ings ourth h j o fi i s r t e i , ng a s nd wh inth ich was ing to Mr. T. Simpson, china and glass merchant, car• rying on business at Nus. 2 and 3, queen's head row, Newington. The discovery was made by Mr. Simpson about two hours after he and his family retired to rest. He ,immediately aroused the inmates, and, upon his going below and opening the drawing-room door, he was nearly knocked down by a volume ofinlopke issuing forth. The inmates were saved, but not unto they were nearly suffocated. The outbreak arose from 5,,, defect ip the drawing-room stove. M ONET•MARLET.—The premium on gold at Paris is 13 per mille, which, at the English Mint price of 31. 17s. 100. per ounce for standard gold, gives an ex change of 25.47 ; and the exchange at Paris on London at short being 25.65, it follows that gold is 1.70 per cent. dearer in London than in Paris. By advioes frea3 Hamburgh the price of gold is 434{ per mark, which, at the English Mint price of 31. 17s. 14d. per ounce fee standard gold, gives an exchange, of 13.11rf ; and the exchange at llemburgh on London at short being 13.121, it follows that gold is 1.25 per vent. dearer a London this 4011120w-0s I Year.