The Express.
London, England, 1848-01-27 00:00:00

e-
_o_o"

EAR VALLEY RAILWAY. CALL of
52. For dare es the 535 shares, making IA rairl...2
AZ HbREBY GIVEN, that in pura.asys of . resolution of
newt of Merton. the proprieten, of .V 5 SMARMS In thlr Corn.
... .qr. required to pay an EPTALMENT al rl por Aare on snob
2Wrak Amer. on or below SU lititsAY. the tat day of February. 46.
lithe offl:em of the Treagurbr, Jumweb Port. thq.. ihinehmic.; atrc
Noma Greven and Fowthrh. Marko,
...e hew. le further given. UAL the holden, a each dam ars
O.7"eed the option of-paying In full ; after ishich, the &Mead, attar the
wee rort rant (or II 10s. per *bare) anctum, will by paid whbrrab
dagnellaa of Interaa.
HENRY STOBART, Mamma.
THOMAS MAC NAY, Iheyregary.
arageggs.olllce, Giuilngton, Jan. 14, 1041.
treasurer. or the hankers, will rynyhre the paidgialea of h
hylarr the time of tendering psyniont.
th.dll I. not paid at the appointed period, Inters.' at 5 per mil
p.a.,m win he ebaressi from time due to Woe of DIOMI -
art the Mt ides& on the ..1330006 may take data uniformly-fr.as
mid Ist of Ethrnerf

IMATITtS and OROCER.,.—To be DlS-
posEn et a good reedy.rnoney LINEN and WOOLLEN-
PUY !SUMNER& The_yrunte nee Ruud. and the stock email.
GROCERY and PRONISION TRADE, eornmunkntlng.
ad In the n 6,14 nerulous dherlot uf the county ot Durham—
A_Tb. eh..ye hare been carried together. but nook% be dimmed
if The the sure gee. A matlslnateey Tenon
aserg,„ fo, p.ojnyrith the woo.— Annlication to
bo-olado to
JATID It/tK enute .bridae vie

LANIOND and Co., railway share
ragrxtfally be/ to Inform their friends and the
that ther continue daily to nUY and PILL all denerlptions of
.WA,-,AI A RiA nanny dsitaiturea, Knelin and foreign noels.
and all other share. and property.and Co. alto stock
s..
10000 e that their public We eget plaoe evert Wednenday, at I
Lai the Hall of Commerce. Threadneedle qniet, London; to their
, a hich place all Wow.% are requentod to be addreseed.—Thread-
ienaet. London, Jan. I, IN&

Now readr, to be had of aft Dealers.
e UMMERLY'S ART-MANUFACTURES,
A y tg..8e1.1.6..,,piet. Cre.detz. re. Iloevioy. Mee:lW, Mulreedy. god.
Cried the Lam rand l;3 3. 0 Broom lakelead (and
impair Mrian). and aline', . . ..........
liname
I'd ..... ......a. 2 2 0 Water Van leitiesi ......2 12 6
%Pr alt cela, (P. Fish Carvers (silver) ... 11 11 0
. 1 7 (I The " ilia- Paper Clinker 2 6 0
twin 'children (Parkin' 0 9 0 Wino Tray (papier mach!, 2 10 0
Udell inkstand (Parkin, 1 13 L.
A picture calak•me sent on i
Also pr
WsBOOK El for ART-WORRI
Mort Truitt,. on that a
aishich every Workman oh
tow:sew.
editor. from his frequent communications with
M flaky workmen. KM had personal experleux of their want of tin
=book, art.workrnen. that la workmen employed In
and reproducing arrangements of colour and ford:
k.jr.:,. MI manufacturing operatbus which demand
ought to ho aoinowhat acquaint...l with the pet
work hi founded- It le their Lniairet ta be iie as
pthe mere amount rt their wages, wrikia Is regolated by
and &Nifty to a grad ,Marc. Nut our workmen nadir emit
of. icionvitste. The editor ha, very often met with
t 1.11114.) el on flower 'sainting who were unable to •
om nature. and were Ignorant alike of the prinelpleat
Abb. lad Moll. lie Of the structure of i
on And it has
'cagy commonly Indeed. to end workmen engaged in
*Nag the torts of a human tlguro--rattempting to give thei
et the moatdelicate and relined expre.eion--who not only mr*
ild=
what namber of Worland joint. a finger had. but were ova Malls IS
W6llll7wlth accuracy. two far as hooka can aftoni a weedy for lbw
,it le the aim of the propose.' aeries to simply it. They will
ke pelitiehed occadonally. fully aluetated, :1114 at prices,. low. that •
manufacturer ihall find it to be hie intenet to distribute them among
bla workmen.
A 131014 the priacipal subject., each 0,10 MMUS 00C book, rosy be
owed
I. Ocneral coome of Study nece.,ary for an Art-Workman.
2. Drawing and the I'*3 of the Pencil
3. Principles of Light and shade.
4. Per.pective.
6. Omura' Study and Obervation of Nature.
6. Principle. of LIDO and Form.
7. Natural Objects apptied to Ornament.
6. Principles of Colour.
9. anatomy of the Hunan Form.
In. anatomy of Waste, Birds, ie.
11. arts tic Botany.
12. Past Styli's of Ornament, and their derivation from Nature.
13. Art of alodellina.
14. Art of Clueing, Die Sinking, lte.. ic.
Each suhjort will be treated by an artl4 fully acquainted with it, and
Tereetheelly familiar with the wants of the art. workman.
Joseph CundeJl,ll2. Old Hotri.street.

of two poems et..3l*.

r5r...r..11t4.41 by You rum YoLY.
°ant of Elementary Knatdlodiro of
had to product Indilaaufactures

IVORY-/lANDLED TABLE KNIVES. 10,.
per doxon.—lvorytandled table knit eP, with high shoulders. 10,.
par down, Uto balance la. per down extra; de.ert, : carvers. 3e. id.
py gap. • whltsbuna table knives, 6s. per dozen , domeels. 40., cases,
k per tot'; ham table 'mire', St per dozen: de.wrts, h. •
24 601. • table steels. Is. aegis; table knlree. with handle. of the
celebrated subdltuto for sliver (which ,17-uund ho distinguished from
Kering direr, except by the markt, tk, per J.;:en : desserts. las ;
carvers. per pair, fa 6d. AU matted •• Murton date WA.. sad Bur-
loaf and warranted.—WlLLlAM S. BURTON'S dlate Rlppon and
Barton sl stock of emend furnfshlng ironmongery M Htcra/ly the largest
to the world, and an no language on be employed to glsa a correct Idea
of It, twisty and extent, purekvers are invited to ell and Inspect It.—
W. Oxford-street (corner of Newmanetreev. Established fa
Meet. 1/190.

TEA.—At No. 8, King William-street, City, the
lama oorourner of Tea le Supt lied with good oottud BLACK or
)IIXEP TEA. at 3.. 24. per lb., a price muwoordenterily low for Tea
stronc, awful quality. the bat Ceylon COFFEE, Ild per lb.
PHILLIPS sad Co.. s, Kin,: .m-Woo, corner of Abe lurch lane,
lacing the London Life Awoelatloo.

CA UT 1 0 N.—A. HOWLAND and SON, 20.
Itattonstarden,London. beg to emotion the nobility and gentry,
'Want, being mialod by the attempts of some shopkeepers, who to coin-
rounds of their own noutufactare giro the tinedof ' Macaosar Oil,"
Hairier," and " Odom. --some under the Impllod sanction of roy-
alty and the oorernment derv...meets, with sirellar attempt. at doepoeeyy
tion, white they copy the label., bills, advertisements, and tenlinontals
(eabstituting fictitious names and addresses for the real) of the original
peeparations. The only genuine " Macawar Oil." " Kalydor,' and
"Odonto." are " Rowlands% 'and the wrapper of each boar, the name
of "Rowlands- preeedino that of the article, with their Manattire ae
In
foot, in re 1 ink, thee-" A. ROWLAND& SON.•' dold by there.at
10.liation.carden, Landon. and by all chemist., aiwi Perfurcers.
- - - -

IN PREPARATION.
THE SEA and tHE RAILWAY : their New
Relation+ stlfnrth in a Jaunt along the Manebater. Sheffield,
and Lincoingtire }Whys, M Orimsby Docks. Cr FKLIX Firemen..
With Woalcuta, by C. W. Collo, A.8.A., D. Cox, jun., T. Crearriek,
LILA., and N. Redgrave, A.R. A.
London Longman, Brown. Green, awl Longman,

The following worts win be published on the Mst Inst.
COMIC HISTORY OF ENGLARD.--
By G 1L.66T Amer: a Becalm Non. XIX. and XX., priee b.
(being the completion).
VANITY F Sewscass or Evousu
No. XIV. By W. M. Tuaczgaste (Tinnarehl. With numerous
nations. Price Is. This work wild be completed In Eighteen or
Twenty Numbers.
DOUGLAS JERROLD'S SHILLING MAGAZINE. No. XX XVIII.
PUNCH; or, TUE LONDON CUARIVAIII. Part LXXIX.
Price Is. 4d.
London : Published at the " Punch" Mlle*, 85, FleetwtreeL

LATEST INTELLIGENCE.
THIS DAY, Four o'clock.
EXPRESS FROM PARIS.

Our Paris dispatches of yesterday noon have
brought the report of an interesting debate which
took place in the Chamber of Deputies on Tuesday,
and which was protracted to the unusually lice hour
of seven o'clock. The subject was the Public Finances,
which elicited from M.l hiets a severe attack on the
government, which was replied to, with scarcely less
ability and effect, by M. I)uchatel. The second pa.
ragraph of the address, on which the debate arose,
has not yet been adopted, the discussion having been
adjourned to yesterday.
The state of uncertainty in which the public con-
tinued respecting the situation of affairs at Naples,
was felt at the Bourse, but was in some measure coun-
teracted by a fmourable impression produced by the
statement of the Minister of Finance in the chamber.
The Threes opened at 73 70; and, having risen and
fallen alternately 10c., closed at the opening price.
They afterwards fell slightly in the Coulisse, and
still more in the Passage, on the arrival, at elate hour,
of the further intelligence from Naples, which we
give below.
A letter from Frankfort, of the 20th, states that a
heavy gloom pervades the money market of that city.
Theo per Cent. Metalliques fell, on the 20th, not less
than 2 per cent, the closing price bAng 1001.

By the steamer Srsostris, which left Naples
on the 18th, and arrived at Marseilles, on the
22nd, we hare further particulars and full confirma-
tion of the reported insurrection in Sicily. Notwith-
standing the usual severe measures resorted to by the
Neapolitan government to obstruct the transmission
of intelligenc:., enough has transpired to render it
certain that the whole population of Sicily, men,
women, and children, are in open revolt. A variety
of details have been received in private letters, ad-
dressed to the journals of Marseilles and Paris, and
to commercial houses, from which we select the fol-
lowing
A correspondent of Le Noarelliste de Marseilles,
writing from Naples, on the 18th says:
The severity with which communications are intercepted
prevents u- from knowing exactly what has taken place at
Catania. Syracuse, Reggio, blellasso, and the principal
towns of the interior, but everything leads us to believe that
there, as at Palermo, the insurrection has been energetic.
As to Messina, we can affirm, in the mee.t positive manner,
that all the population are in arms, and that the royal troops,
too weak to put down the general movement, have been
complied to retire ti the tort, where they were pre-
paring to bombard the town. At this movement, however,
a British frigat,', the Thetis, c immand d tey Captain Cod-
rington, rind whit 11 had quitted N toles on the first news of
this event, to isle, under her rof vion the English resi-
dents at Messina, anchored under the fort. The
captain, in concert with the English and French
consuls, give notice to the military governor not
to commence his fire until the subjects of the two
countries should be safely on hoard. But Captain
Codrington, doubting the promise to this ffect of the Nespo-
item governor, rcsorsed to the following stratagem : He
placed 'he Thetis as near as possible to the fort, and in the
direction of he- guns, and placed his sale in such a position
that a shot could not be fired without touching one of them,
which was by far to. serious a thing for the governor to at-
tempt to do. ik is to be feared, however, that although
Captain Codrincton would prolong this state of things as
much as possible, he would be unable to save Messina from
the horrors of a bombardment, as soon as the British and
French subjects should be on board his ship. Our last ac-
counts from Palermo were of the 12th. Almost at the mo-
ment when the insurrection broke out, the English squadron
which had been in the port for a fortnight set sail, leaving
only a frigate for the protection of the English residents.
The squadron returned to Naples on the 15th. The royal
troops, which at the date of our last correspondence wen-
rmtlx. foot of the Monte-Pellegrino, had returned to their
, where they had to sustain the attacks of the
people, who fought with Wry. These engagements, although
very langulnary, had been without decisive results. The
troops in the barracks and forts replied to the fire of the
assailants, but they were closely blockaded up to the 16th,
the date of our last news. The troops fought with resigna-
tion, but it was easy to perceive that they fluctuated
between a sense of military duty, and their feelings as
Citizens. The people bad formed a provisional government.
We guarantee the rigorous 'subsea of the general facts we
have thus recited ; bat we consider it to be our duty to warn

the public against the circumstantial or partial details which
may be circulated on the these events. The confusion at Pa-
lermo is so great that the menthes of the Provisional Govern-
meat themselves are ignorant of what is passing at the dif-
ferent points of the insurrection. The greatest enthusiasm
and most perfect accord reigns among the people. Men,
womenjand children, have all combined in raising the bar-
ricadee land cutting this trenches. No excess tending to
compromise the patriotic cause has occurred to tarnish their
proceedings. The English consul, whose arms were
accidentally thrown down in the attempts made by the
police to force their way into the residence of Count Aceto,
obtained immediate reparation. The troops sent over into
Sicily did not amount to more than 5,000 men, and were
considered to be totally inadequate to stifle the rebellion.
Count d'Aquna has returned to Naples, to inform the
!government of the gravity of the state of things, and of the
impotence of the reinforcement he had taken with him
into Sicily to effect any serious change. Nothing positive is
known about the state of the provinces which are said to
have risen. The representatives of France and England are
acting in concert at Naples, as regards the government. It
is well to say, however, that they appear rather to be
waiting the issue of events than to be wearying themselves
with vain negotiations, which have en repeatedly turned out
abortive. The attitude of the Neapolitans has hitherto been
cairn, without any disturbance of public order ; this, no
doubt, is to be attributed to the 3,5,000 troops at Last eta.
tioned in Naples and in the environs. The despatches from
our consuls in Sicily, which arrived at the moment the
Sesostris was getting under weigh, did not even pass
through the French embassy, but were at once c irried on
board that vessel, so anxious was our representative to
transmit them to his government. The same packet, on her
snivel, received on board M. de Lardehefoucault, the
French ambassador at F.orence, who, last evening, arrived
In Marseilles

A correspondent of the Gazette Piedmontese says
Messina began the insurrection on the 4th, eight days
before the general rising, and had organised a chic guard,
and taken possession of the fort of S. Salvadore. At Palermo,
at the first reports of cannon, the bagarioti, or country-
people, flocked in arms to the capital, headed by the priests,
with crucifixes in their hands, haranguing the multitude,
and saying that, u Christ had disd for them, they should
die for their country. The cavalry attacked the people, but
were repulsed with a loss of 60 men ; the people only lost
20. Some persons were seen pouring boiling oil on the soldiers
from the windows; and among the pieces of furniture that
assailed their heads from above there was a piano! The
citadel of Messina still held out, but it was believed it would
shortly surrender..
A letter from Marseilles, dated the 22nd, says:
1" The passengers from Naples who left on the 18th,
and are just arrived here, state that Naples was in a
state of great anxiety as to the intentions of the go-
vernment. Artillery had been placed in front of all
the guard-houses, and patrols of 100 men each were
constantly in motion."
The French government has ordered one of its
largest war-steamers to sail immediately for Naples.
The Journal des Debate says, that the troops which
had been sent by the steam squadron from Naples, were
disembarked without difficulty, near Palermo, where
they took a position on the shore and in the forts.
General Sauget, who commanded them, effected
a communication with the Due de Majo and General
Vial, who were in the Castello, Iteale. It was thus
ascertained that the insurgents had appointed three
committees, which had sent to the Due de Majo a
note, declaring that the people demanded the consti-
tution of 1812, and the liberty of the press. This
demand being rejected, it was decided to bombard
the city, but the Connt d'Aquila, who had the com-
mand in chief of the expedition, did not think fit to
resort to this measure, without further instructions
from the King, and accordingly returned to Naples
on the 17th. All the foreigners at Palermo had left
the city and embarked.
Our correspondent at Rome, writing on the 18th,
says, that "the King of Naples was expected in that
capital on the 19th, to confer with the Pope and Lord
Minto, and, if possible, m devise some means of
coming to an amicable arrangement with hie revolted
subjects.
We learn, by a letter from Rome of the 18th, that
the Pope has nominated General Gabrielli, formerly
an officer in the French army, Minister of War.
This nomination of a member of the laity to a mi-
nistry has produced the best effect. It is the best
commentary on the very remarkable proprio motu,
which we gave a few days since, on the reorganisa-
tion of the council of the ministers. . .

The two French bishops recently nominated by
the King to the sees of Carcassonne and Soissons
(MM. de Bonnechose and Gareignes), had been con-
firmed, on the 17th January, by the consistory. Mon-
signor Vizzardelli, Secretary to the F.eclesiastical
Affairs Extraordinary, has been promoted to the dig-
nity of cardinal.
A private letter from Civita Vecchia, of the 19th,
says:
Though government has sent to Sicily eleven steamers full
of troops, the insurrection is persisted in. After eight days'
fighting, the Count d'Aquila, brother to the King, to whom
the command of the expedition was trusted, returned sud-
denly to Naples, in order to receive further instructions.
We are enured he presented to the King the u/timatum
of the &elan people. The insurgents have both money and
muskets, which are generally of English fabrication. The
valour of the Sicilians is the more brilliant, as the greatest
part of the forts are in the hands of the royal troops ; and they
have, moreover, to defend themselves against the squadron
sent from Naples. This town is tranquil in appearance, but
ready to follow the movement, on the first intelligence from
Sicily. We know nothing concerning Calabria nor the
Abruzzi.

We have received the journals and correspondence
of Constantinople to the 7th inst. The sultan had
evinced a most favourable disposition towards Reischid
Pacha and Ali Effendi, granting to the former a pen-
sion for life of 6,000!. a year, and has raised the latter
to the dignity of a pacha of three tails. As these are
the statesmen most distinguished for their liberal and
enlightened principles, great satisfaction has been
produced by this measure at the Porte.

Our Malta correspondent, writing on the 17th,
Says :
The Flamer came in on the 15th, at sunset, from Mar-
seilles, with the Overland Indian Nail, of 28 iron and two
wooden boxes. She had experienced dreadful weather the pre-
vious night, and lost two of her best men, blown overboard
from the foretopsail-yard. The life-buoy was fired and let go;
the vessel immediately rounded to, but in vain. The gale
was so strong she could not fetch the buoy, which showed •
brilliant light for a quarter of an hour. Her commander,
Lsvie, finding all efforts at saving the men useless, as no
boat could have lived in such • sea, very reluctantly was
compelled to hear up for Malta, losing also his life-buoy.
Really, the Admiralty have not a little to answer for in
keeping such old, worn-out tubs as the Volcano and Flamer
to run with mails, at a snail's pace, and at a season of the
year when north-west gales are so viol nt and prevalent.

Our Paris letter of last evening says that, among
the passengers who arrived on the 22ad at Marseilles,
by the Sesostris, was the Count de Rochefoucauld,
minister of France at Florence, the object of whose
visit to Paris is understood to be to inform the govern-
ment of the actual situation of public affairs in
Tuscany.
M. Cornudet, the son of the peer of France of that
name, has just left Paris for Italy, with despatches
for the French ministers at Home and at Naples.
The Countess de Montejo, late mistress of the robes
(camerara-major) to the Queen of Spain, has just
arrived from Madrid at the Tuileries, where she is to
remain attached to the suite of the Duchess of Mont-
pensier.
Psrus, Isv. 26.—New Loan, 75; Three per Cents, 74; PlTela,
116 10 Four-and-Halt 104; hour* 99 50. Belgian Fives, 4040,
99; Ds., 1542, 964; Do. Fortnand-adalf, 914; Naples Renter,. 96 50;
ROM= Loan, 931. Ttessury Benda, 41. Bank Shares, 3170. Ex-
change on London, night, 25 60.
Itsasrses—Pans and Orleans, 1,177 50 ; Paris
n e and Rouen, 1493 75 ;
Rouen and Re, 40; Strasbourg and Bale, 156 25 ; Bordeaux,
475; North, 531 25.
_ _

The Madrid mail of the 20th arrived in Paris, at a
late hour, yesterday afternoon. A grand ball was
given at the palace, to which Espartero was not in-
vited, in consequence, it is said, of his not having paid
his respects by a visit to Queen Christina. Nothing
of importance occurred in the Chambers. The minis-
terial majority is estimated at 155.
Mk 1,11143 Jas 20. Three per Cents., 271 cash, 271 at in days;
Four per 'Cents., —. Fire per Cent., 171 cash, 171 at 50 day.
PlNsively 51 paper, 5; cash. Coupons, —. BankFeinand,
125 cuh. Rink ef isaseng —. Exchange on London, 45.

Letters from Turin announce that the King had
ordered an entrenched camp to be formed on the
heights of Valcnza, upon the Po, in order to defend
the country against any attack of the Austrian troops,
and to hold also the government at Milan on the
qui vire against a possible invasion of the Milanese,
by the Piedmontese troops. This camp is to consist
of 30,000 men.

The Aan, of Florence, of the 18th, publishes far-
ther details respecting the insurrection in Sicily. The
people had declared to the government that if, within
ten days, the reforms demanded were not granted, they
would rise in arms. The government having returned
no other answer to this except the recall of General
Vial, a proclamation was placarded at Palermo, of
which the following is a transaction :
" Sicilians,—The time of petitioning is gone by.
Protestations, supplications, pacific demonstrations
are useless. Ferdinand has treated all these with
contempt ; and we, the people, born free, and now
loaded with chains, and reduced to misery—shall we
hesitate to claim our legitimate rights? To arms!
eons of Sicily. Oar combined force will be invinci-
ble. The 12th Jan., 1848, the break of day, will mark
the glorious era of our regeneration. Palermo

will receive with transport all the Sicilians
in arms who will present themselves to support the
common cause and establish the reforms and the
institutions which are in accordance with the progress
and the well-being of Europe, of Italy, and of Pies
IX. Union, order, obedience to your chiefs, respect
for property. Robbery is high treason against the
country, and will be punished as such. Whoever is
in want will be relieved at the common charge.
Heaven cannot fail to favour our just cause. Sicilian',
to arms !"

On the morning of the insurrection an English
steamer was in the port. The people seized the com-
mercial steamer Il Geglio dells Onde, on which they
raised the Sicilian flag, and was sent to make a tour of
the island to excite to revolt all the maritime towns.
This perfectly succeeded. At Trapani, Calania. &c.,
the inhabitants were found in arms on the arrival of
the steamer. The provisional government at Palermo
distributed freely money and arms. On the arrival
of the news at Niiples, placards were posted to the
following effect :
" Neapolitans! Rouse yourselves from your torpor !
Follow the example of Sicily, &c. &c."

SPECIAL COMMISSION.
CLONMEL, MONDAY, JAN. 24.
The judges arrived here to-day from Limerick, at
three o'clock, escorted by • party of the 4th Light Dragoons,
and attended by the High Sheriff of the county, Lord Suir-
dale. At four o'clock their lordships entered the Court-
house, and the clerk of the crown having rood the townie-
anon, the grand panel was called.
The Chief Justice addressed the grand jury at consider-
able length ; but from the late hour at which lus
concluded I ant usable to send you a report of his observe-
tions until to-morrow. The charge occupied an hour in tke
delivery, and portions of it were uttered with great energy
of tone and manner. In one particular at least it dd.-
fered from the addresses to the grand juries of Limerick
and Clare. His lordship recommended the formation in
parishes, or lesser districts, of associations for the preserve-
tion of the peace, which would show who were the friends of
peace and order, who were their enemies, and who were the
neutrals. His lordship, among other things, strongly con-
demned that " dangerous precept," the " wild justice of re-
venge," and pointed out how certainly those who acted on it
would become its victim..._

The Attorney and Solicitor Generals, Mr. Scott, Q.C., and
Mr. Saume, have arrived to conduct the prosecutions ; and
Mr. Itolleston has been assigned for the defence of such
prisoners as are unable to employ counsel. It has been stated
that Mr. Brewster, Q.C., and Mr. O'llagan, are to come
down special to defend a man named Geogegan, charged
with the murder of Mr. Roe. This trial is to come on first
to-morrow.—The town is much crowded, and a good deal
of interest seems to be excited by the proceedings.

THE BISHOPRIC OF HEREFORD.

COURT OF QUEEN'S BENCH, JAN. 26.
REGINA V. THE ARCHBISHOP OF CANTERBURY.

[Part of the following appeared in a second edition of last
night's Expr, as.]
Mr. Peacock, in support of the rule for a mandamus, said
that by the canon-law a power had been allowed of task-
ing objections, and the querion was, whether that law had
been altered by the atotute of Henry VIII., and whether it
was compulsory, in all cities, and under all circumstances,
on the archbishop to confirm and consecrate the bishop duly
elected by the dean and chapter. The question was, whether,
1 by the 7th section of the statute of Henry, it was not meant
that, if the archbishop refused to confirm and consecrate ac•
cording to law—that was to say, if he wilfully and corruptly
refused to consecrate, or if he refused to confirm and cense-
erre, unless there was a legal and valid objection to his
I doing PO he should be subject to a prieinunire. He
understood it was admitted on the other side that the
canon law was not allowed in violation of, or in prejudice
be, the preruatives of the crown. But in the time when
the statute of Henry VIII., chap. 19, waa passeelt was not the
prerogative of the crown at all to compel the archbishop to
consecrate. It would not in those days have been con-
trary to the prerogative of the crown if the 'archbishop
heard the opposers. But then the 20th chapter was
primed which, it was contended, compelled the archbishop
to mod= at all events. It was clear that, whatever the law
was as to confirmation, it was the same as regarded consecra
Linn, The question was then, did that statute of Henry
VIII., chapter 20, intend to compel the archbishop to
consecrate the bishop, under all and every circumstance,
although he might know that the person presented to him
was not worthy to be ear...crated ? He was not now alluding'
totheobjections in the present ace, because he apprehended,
whatever might be the nature of the objections, ;it was
for the archbishop to determine whether they were
good or sot. The question, therefore, was, ought the oppo-
sers in the present case to be heard, and if they ought to be
heard, would a mandamus go to compel the archbishop, who
had pronounced his decision, not on the canon law, but on a
' misconstruction of the statute of Henry VIII., to hear
them t It was said that every power which belonged
to the pope was vested in the sovereign of the
country. If a person not of the ape of thirty
was presented to the archbishop, was he compelled
to consecrate 1 It was pertectly clear that the king had
not the same pqwer as the Pope.
Mr. Justice Erie : The same power to dispense.
Mr. Peacock apprehended that the king could not dis-
pense with the age of a bishop, it being enacted by statute
that a bishop should be of the age of thirty. Again, was
the archbishop bound to consecrate • person a bishop, if he
knew him to he guilty of a crime—such a crime, for instance,
as would beyond all doubt insure his deprivation from the
archbishop ? If he had bean found guilty of a felony,
and • person who wished to object came forward
with the legal documents which proved it, would the
archbishop be bound to consecrate him ? In the conse-
cration of bishops one of the questions to the archbishop
was, " Will you be faithful in ordaining and in the laying on
of hands ?" Having promised to do that, was he to lay his
bands on a person whom he might have actually seen com-
mitting a crime, or whose conviction for committing • crime
might be placed before hint, or if he did not do
so was he to be subject to a prnmunire ? It was not con-
sistent with reason that such could be the meaning of the
statute, and it must follow that its meaning was, that he was
to confirm and consecrate, unler there should be a valid objec.
tion to his dolor se. The proctor made affidavit in the case that
he was provided with all the necessary documents, but he
was stopped by Dr. Lushington, who said that he could not
be permitted to bring in • libel, not being allowed
to appear. Thus a definitive sentence was pronounced,
to the effect that the court was prohibited by the
statute from delaying or refusing confirmation. The
decision, therefore, was not that the objections were not
valid, but that the statute precluded them (the court) from
entertaining such ;objections. Suppose, at the consecration
under that statute, that the archbishop, in the course
of his duty, asked if the candidate believed in
the Holy Scriptures, and the bishop elect answered
" No," would the archbishophe bound, under penalty of a
priemuoire, to proceed with the consecration under such
a circumstance ; or, suppose the record of a conviction against
the bishop elect were produced to the archbishop at the time
of consecration, would it be contended that the ceremony
ought to proceed, under the penalty ? He (Mr. Peacock)
maintained that it could not.
Mr. Justice Coleridge: Have you made search for entries
of priemunire, and what the practice has been ?
Mr. Peacock had done so, and cited 28 Henry VIII.,
can. 16. whereby the person pleading a papal bull was
held to he subject to pnemunire, yet it bad been held that
an ancient bull might be pleaded in order to induce another
principal matter whereon to ground a title, without claiming
anything from the bull itself. The authority for this was a
note in " Bacon's Abridgement." The practice, in eases
of prcemunire, was to plead to the indictment,
whirls was laid under the statute, as was shown in " Co-
myn's Digest" and in " Dyer's Reports." Now, an in-
dictment against the archbishop for not consecrating in the
case supposed, would urge that he ithe arc/ bishop) had in-
curred the penalty i f prietriunire by refusing to perform
that rite; to which the plea would be, that
the bishop elect had declared his disbelief in the
Holy Scriptures ; and that plea, he (Mr. Peacock)
contended, would be a sufficient answer to the indictment.
It followed, from various other arguments, thee:putting a
reasonable construe ion on the statute of Henry VIII.,
the premunire was not incurred, it a fair and reasonable
cause for refusal to con-urate were given. If the dean
and chapter refused to nominate, the crown might do so,
but the crown had no power to confirm or consecrate. That
was the office of the archbishop ; the meaning of the statute
therefore necessarily impied that the latter had wale power
of judging of the fitness of the candidate for confirmation and
consecration. On referring to the commission it would be found
that the archbishop directed his representatives tc confirm
only in so far as they found the election good, and it did not
command them to confirm at all events and under all cir-
cumstances. It had been argued that the remedy in the
the present case was by appeal. But parties who were not
allowed to appear could sot appeal; for there could be no
ground for such appeal, inasmuch as no decision had been
given on the cause, Had such decision been given, then
an appeal might lodge, not to the Court of Queen's
Bench, but to the court above ; but the complaint here
was, not that a wrong decision had been come to, but
that the parties had not been allowed to appear at all, there-
fore they sought their remedy by mandamus, in order that
' by the authority of the Court of Queen's Bench the arch-
bishop might be compelled to hear and decide on the merits
of their oppo,ition. When the archbishop hal done so, and
given his decision, the Court of Queen's Bench could
interfere no further, for the appeal from the archbishop's
decision was to another authority. The case al-
ready referred to by Dr. Addams, reported by
Lord Raymond, was one where a mandamus to
the Prerogative Court was refused, on the ground that the
person applying was not solvent. Bat, at the same time, it
was laid down, that if the Ecclesiastical Court refused to
grant letters of administration or probate of • will to
I puts', the court of Queen's Bench could, .by men=

cempal that man to hear the ate, though not to
grant probate. The cue that had been referred te
so often, that of" Lucie e. the Bishop of Bt. David's," showed
that the remedy 'hien existed wee by appeal to the court
above, and not by mandamus ; and other came,
quoted on the other side, would be found to
have precisely the same tendency. The remedy asked for in
the case under consideration, was not by way of appeal, but
for a compulsory order from the court to the archbishop, to
hear the wags.
Mr. Baddeley apprehended that, as far as the case came
within the jurisdiction of the court, it stood simply upon the
ground that, when an inferior court had turned parties away,
and refused to hear them, the court had power to order
that inferior court to admit the parties to a
hearing. It otherwise, there would he a want and
even a total denial of justice, each as could 'not be anti-
cipated in a kingdom where the rights of the subject were so
carefully guarded. All the oppouents claimed at the hands
of the court was to be heard. They asked for no decision
nor, for any power of appeal; and the court would not:
be treated, hesitate to order so much justice to be done to
his clients aa they demanded. The case was one where as
inferior court had mistaken the law ; and it wasquite compe-
tent for their lordships to interfere to compel the performenee
of their duty by the officers or representatives of the arch-
bishop. If, as was shown in the cases cited, that a prohi-
bition would lie where any tribunal acted wrongly by min-
taking an act of parliament, why not a mandamus ? His
friend (Mr. Waddington) had urged that the court would
not interfere in respect to ecclesiastical law ; he admitted
that to be so, but the case before the court related wholly to
Ithe construction of statute law, and therein their lordships
had undoubted jurisdiction. The Queen's Br nch was a court
of universal jurisdiction, in so far as the construction to be put
upon statute law was concerned. It had been treated and con-
sidered by the great law authorities, Bacon, Coke, Bolt,
and others, as having co-extenerve authority with the Court
of Milne, and over the archbishop. Passing, therefore,
over the gentian of jurisdiction, he would put ft to their
lordships whether the Court of Arches, as a court of hear-
ing, was justified in turning the opponents away, and in re-
fusing to allow them to appear. It would be necessary to
consider the state of the law . previous to the
statute Flenry VIII., namely, whether the arch
bishop was empowered to act, or whether confirma-
tion was a mere mockery. The church had always
deemed the rite to be absolutely necessary, and it was held
to be founded on Scripture, for St. Paul ( Timothy, 3rd
chapter), and other sacred writers, stated and defined
the different qualifications of bishops ; and, amongst
the rest, that the bishop must be blameless, TOY ortsKoror
eyeeavese, which, he (Mr. Baddeley) interpreted, meant
more correctly, " notliable to any charge." In the Epistle
to Titus, the apostle assumed authority in all things in
the church, especially as to appointing, sr choosing, or
laying hands upon and consecrating bishops ; and is his ex-
hortation to Titus, chap. i., verse 6 and subsequent verses,
the qualities end fitness of bishops and other officers of the
church were distinctly leid down by St. Pahl, including the
expressions already referred to. It thus was clear, from the
authority of Scripture, that the laying on of hands must
be preceded by inquiry into the fitness of the candidate
The learned counsel quoted a canon of the fourth and
sixth Councils of Nice, which decreed that bishops should
be confirmed only by the metropolitan, the election being
vested in the nearest bishops, "with the assent of all
present" at the election; and another canon, decreeing
that any bishop who ordained sueh without the consent
of the metropolitan, was to be regarded as no bishop.
A further canon (the 12th of the Council of Laodicee) fully
confirmed the authority of the metropolitan in this matter,
and deputed to him power to inquire into the life and
character of the bishop elect, and to act accordingly.
A similar decree was passed by the Fourth Council of Carthage
(canon 1), setting forth in detail the qualities which the
metropolitan was to require in etch bishop elect before he
gave him confirmation, and without which qualities he
might refuse him such confirmation. The learned counsel
referred to other decrees, passed by the Councils of Chaleedon,
&c., all rendering confirmation of the metropolitan
essential to the ordination of any priest as bishops—Mr.
Baddeley next referred to various canons set forth in the
" Decreturn," and to the glosses upon them, a,
confirmatory of his argument, and contended that
this rule of civil law which called upon the
metropolitan to institute an inquiry into the character of
each bishop-elect, prior to confirtuation, had been recognised
in England and elsewhere. Dupin, in his treatise, "De
Discipline Ecclesise Antique," gave the full weight of his
authority to the principle subjecting bishops elect to strict
inquiry, as to their life and conduct, on the part of the me-
tropolitan—an inquiry based, as Fleury in his Institu-
tion au droit Ecelesissitique further developed, upon
evidence adduced by all such parties (lay or spiritual)
as are prepared with any charges is opposition, weighed
against such evidence as may be produced in contravention
of such opposition The learned counsel then applied himself
to show that this ancient rule of canon law had been from the
first admitted into this country, as part of air ecclesiastical
law, and acted upon accordingly. As to the force of the
neon lew in England, Mr. Baddeley quoted the minion
advanced by Sir W. Follett, before the Mouse et L'oras.
strongly declaratory of the principle that the canon law is
valid in this country, as part of our ecclesiastical law except
where it runs counter to the common law of the hind This
was the view also of Sir Matthew Hale and of Sir William
7fieckstone. .

The Lord Chief Justice reminded the learned counsel that,
on the other hand, the late Sir Nicholas Tindal, speaking the
opinion of twelve of the judges on the occasion referred to,
had decidedly laid it down that the canon law was not ad-
missible as part of the ecclesiastical law, except when formally
proved and adopted as such.
Mr. Baddeley proceeded to quote from Lyndewode's
glows, to show that, contrary to the view of the other
side, confirmation by the metropolitan, dependent upon pre-
vious inquiry as to conduct and character, was requisite in
the case of a bishop, as well as in that of an inferior digni-
tary. This principle was distinctly laid down by John
d'Atbo, in the time of Henry 111. The learned counsel then
quoted Walton, who, in his " Anglia Sacra," p. 315, gives
the case of a bishop elect, in 1277, who was selected by the
metropolitan, on the ground of having been a gross plural-
ist. The King persisting in the election, the question was
referred to the Pope, who quashed the election. The same
author was quoted so t' several similar cases, in which the
archbishop had refuted to abide by the election of the
sovereign, and had set aside the bishop chose* by him, on
the ground of the personal demerits of the party—an objec-
tion to the formal election further occurricg in several in•
stances. In one case more especially,that ot the election to the
bishopric of Fly, the right of the Archbishop of Canterbury
aware electionem was laid down in the mast distinct terms.
Many more authorities were to be found in that book, which
was one of great authority. It clearly showed that persona I
eleeti meant not the individual himself only, but that the
archbishop exercised the right, according to the canon
law, to examine and investigate the character, qualities, and
acquirements of the person about to be confirmed. So far
back as the time of Edward 111., in the 41st vol. of the Year
Books, it appeared the Pope exercised the right to examine
the candidate before confirmation ; and it appeared he might
refuse confirmation for non•ability, or for other causes. An
, act or ordinance, to be found in the 4th vol. of the rolls of '
parliament, in the reign of Henry the V. recited that the
King, not knowing how long the cathedrals of this coun-
try would be deprived of bishops, or left in the state of
destitution in which they then were, in consequence of the
difficulty of obtaining confirmation, commanded the meug•
p 'Mans to confirm. That document showed that, in
the absence of the Pope, the metropolitan had
the right to confirm, and it was valuable, because
it showed that confirmation was deemed so neces-
sary and essential, at that early period, that the church
was rendered destitute, owing to the difficulty of obtaining it.
That statute was followed by proclamations to carry it into
effect. It was enacted in 1415, and in the year following a
writ was issued for the confirmation of a bishop. That
writ was directed to the Archbishop ot Canterbury. who
was commanded to proceed with the confirmation. The
writ so issued, in pursuance of the statute of Henry V.,
required, pretty much in the same terms as at present, that
confirmation should he proceeded with without delay, show-
ing distinctly that confirmation was previous to consecration,
and was always looked upon as es,ential. But he
was et a loss to know why a more stringent con-
struction should be put upon the act of Henry
VIII. than upon that of Henry V., and the various writ.
founded upon it. The term " confirmation" had, previous to
the Reformation, a recognised legal mesi,ing, and he duties
and rights of the archbishop respecting it were ascertained.
Ina book of considerable authority," Martin upon the Rituals
of the Church "

Mr. Justice Coleridge . What is the date of that book ?
Mr. Baddeley : It was published about two centuries ago.
The learned gentleman read several passui a, to show that
the practice of examining by the metropilitsn was the este.
b'ished rule of the church from the earliest periods.
Confirmation was prior to the consecration, and was solely at
the discretion of the metropolitan. The passages read showed
the prat•. ice as to examination and confirm st i an which prevailed
in the Western Church prior to the Reformation, and die.
tinctly prov►d that each practice prevailed until the statute
of Henry VIII., which was sole.y directed against Rome
and the interference of the Pope. Looking at the title of
that act, which was an act for the nonpayment of inflates,
or first fruits, to the Pope, it was plain it was
altogether directed against the influence of Rome. The
preamble was extremely strong, for it was made up of a
statute to restrain and control the papal power. There
were many authorities— amongst others •' Bacon's Abridg-
ment," and " Plowden."—which showed that the preamble
of a statute wu most material in construing a statute. After
I commenting upon several sections of the 2.5 th Henry VIII.,
gap. 20, the learned counsel submitted that almost the
role object of that statute was to restrain the Pope's in-
fluence, and not to alter the then existing forms and regula-
tions of the church of England. Another object was that
certain things previously done in the government of the
church in this country should not thereafter be done, so
that the inflence of the court of Rome should be restricted.
The general and indeed sole object of the act was to check
the power of the Pope, and was not intended to inter-
fere with or modify anything else which did not refer to the
authority of the court of Rome. There were good grounds
for alleging that the penalties of prwmunire were not In
force as created by the 25th Henry VIII., c. 20. That
statute was repealed in the reign of Philip and Mary, and
reessaeted by Mubeth, with an exception with reference to
the pmalties far rentunire; which showed that those