The Express.
London, England, 1855-01-08 00:00:00

admit the plea of iscautio judicam, to extend to 'the
resume io of any particular commissioner

A third minute was also tendered to We effect:

" Dr. Phillimore was 'bud proceeding to show that the
passages expressly charged and complained of in the cita-
tion d upon the archdeacon, were not, as alleged in;the
said citation, ' directly contrary or repugnant to the doctrine
of the church of Ragland, and especially to the article. of
riligion as by law established, or some or oae of them.' Dr.
Phillimore wss expressly prohibited from adducing such
proof by the commissioners, and from showing that they
were not CO contrary and repugnant to the doctrine of the
church of England as alleged.'
Dr. Phillimore, before Dr. Hayford commenced his argu-
ment, requested the decision of the commissionen on the
very grave matter which was opened at the close of Thurs.
day's proceedings, via.—whether they would hear argu-
ments to show that the doctrine contained in the eermoos of
the Archdeacon of Taunton were not contrary to the doc-
trine of the church of England ?
Dr. Hayford thought that as he should have to contend, in
the course of his address, that there was a prima facie ease as
to the unsoundness of doctrine of the sermons, as well as to
their preaching and publication, it was unnecessary for the
commissioners now to prnceed for their judgment On the
face admitted by the archdeacon himself on his afB.lavit, he
should Intuit to the commissioners that it would be impoe-
sible for them to do anything else than to say that a prima
facie ease bad been made cut for further iuquiry.
Dr. Phillimore claimed for his client the right to be
heard, either in person or by coshed, at any lauds they
may choose, on the question of doctrine, as well as regarded
the preachiag and publication of the sermons in question.
Dr. Haggard was instructed to say that the commis-
donors had no intention of hearing any further remarks on
the question of doctrine. The learned counsel for the
promoter would have to sum up the evidence, but not to
get into any doctrinal argument, or to make use of the
Archdeacon's affidavits, further than in support of the
preliminary potato u to the patronage of the livings and
the preaching and publication of the sermons.
Dr. Phillimore was very sorry to hear this decisioc,as.he
should have to defead the soundness of the Archdeacon's
views, and if the umnaiseioners though proper to commit
him for contempt, he should bear that penalty. (Cheer.)
He would prove that the charge contained in the commis-
sion was a false charge, and would not submit that his
thine should be stopped from neh proof.
Dr. Haggard apprehended that this coarse would not in-
fluence the decision already arrived at by the commission-
ers; but that. if it were persisted is, they would adjourn
the court. They would not allow their feelings to be 1:
influithoed by any threat on the part of the learned counsel.
Dr. Phillimore, denying the right of the commissioners
to say whether they would bear counsel on one point and,
not upon another, would tender the archdeaeoa for hearing.
Dr. Hayford reprobated the extraordinarily indecent dis-
play which had beea made, and was quite content, on the
part of the promoter, to waive the permission he had
received to sum up the evidence, and to leave the matter in
the hands of the eounissionen. . .

Dr Phi Maori said it was extraordisary sad indecent to
sofas, to heat a masa in his defeat* who wu charged with a
grave ammo, sad not so to persist in 'baring tie innocence
of his client.
Dr. Haggard thought the coarse announced to be taken
by Dr. Phdlineore was sot a proper one, u if ha was iajared
by the proceedings of the commissioners, be had hie remedy
elsewhere. Alter conferring with the comatiesioaers, the
learned asseesor announced that the coestaiesionees were of
opiaioa and directed that Dr. Hayford should sun up the