The Express.
London, England, 1852-06-08 00:00:00

MAN IN THI DioCes• OV OXFOILD,

Sir A. CoekburnWasl;stnt----eTell to move, of the
Rev. F. Rose, D.D., for a rule calling or, the Bishop of
Oxford to show cause why a writ of prohibition should not
imue restraiking him from the further execution of a 'en-
tente of suspension proaounced by him against Dr. gaffe.
It appeared by Dr. hose's affidevit that he was the Rector
of Walton and of Little Wolstone, in Buckinghamshire,
and that upwards of three years ago a charge of adultery
was preferred against him. This charge was brought
before the Lord Bishop of Oxford, and a oommiesioa was
issued under the Church Discipline Act to examine into it.
The commissioners reported that a prima facie case had
been made out, and Dr. hose stated he was then advised by
the bishop tosubmit himself to his decision. On the submission
of Dr. Rose, who gave his consent in writing, his lordship
sentenced him to suspension for three years, that suspension
to cease on his producing a certificate from three beneficed
clergymen in the neighbourhood of his good behaviour
during his period of suspension. The three years had ex-
pired, and Dr. Rose produced the required eertificete ; but
tho bishop objected to receive it, on the ground that one of
the clergymen who had signed it was so far advanced In
years as to be unable to judge of the propriety of Dr.
Raw's conduct. The clergymen of five of the parishes in
the locality had come in o the possession of their benefices
within the last three years, and therefore could not give
hint the required certificate. The gentleman objected to,
who was called Jones, was now discharging all his minis-
terial duties. His client was, under these circumstances, in
a most distressing condition ; and their lordships would
have to consider how far it was consistent with law to pass a
sentence of soap. mien, with a condition attached to the re-
storation of ecclesiastical functions, which might render the
sentence one of total suspension.
Lord Campbell after hearing Sir A. Cockburn at con•
sidei able length said, that when a prima foci. case had
heen made out against Dr. Rose, instead of wishing for
further enquiry he submitted to an immediate sentence,
and so admitted his guilt ; and a sentence had been passed
tpon him on the ground that he was guilty of adultery.
inder these circumstances the sentence of the bishop
could not have exceeded what might have been pro-
nounced after a conviction following further investigation
in due course of law. Now, did that sentence exceed the
due measure of punishment. lie was clearly of
opinion that it did not, because if Dr. Rose bad been
convicted, sentence of deprivation might have been
pronounced against him. Although in former times great
indulgence was shown fro these failings of the clergy, this
was no unreasonable punishment in the present day. The
bishop, instead of pronouncing eertence of deprivation,
allowed Dr. Rase to return and minister at the altar at the
end of three years, on condition that he obtained a certi-
ficate of three clergymen to be approved of by himself.
Was that exceeding the sentence that might have been
lawfully iniposed I He thought it was a reasonable con-
dition, and for the benefit of the delinquent; because if it
had not been permitted, a more severe punishment would
probably have been inflicted. It therefore seemed to him
to be a power which ought to be allowed to the bish.m, and
no authority had been cited to show that It did not belong
to him, and was not according to the common law. There
was no reason to doubt that the bishop had the power, and
that he had very wisely used it; and the court must, there-
fore, refuse to grant a rule.
The other learned judges concurred.
Rule refused.

INSOLVENT DEBTORS' COURT.—VESTERDAY.
litres, Ma. Mrtemoar■ Low.
IN TUE MATTER Or PATRICK STEWART.—GOVERNMENT
CLERKS.
This insolvent, a clerk in the Ordnance.ofllee, whose ease
was before reported, was further heard. On the former oe-
clarion it was proposed that 1001. a year should be set aside
out of the salary for the eredleors, several of whom opposed,
and the ease was adjourned in order to ascertain whether
the Board of Ordnance would assent to the proposal. It
was now stated that the department had migrated.
The insolvent was ordered to be discharged.
Derma Ms. Onurissuarea PNILLIM
PROTECTING Mamas.
In frur casts protecting orders were granted in cases
which bad been adjourned sine die, on account of accom.
modotion hills and liabilities, the parties not having had the
moral courage to refuse lending their names to their friends
when requested.