The Express.
London, England, 1848-01-25 00:00:00

order of lalitlied dation, and contended that in
ovary eat ea of election was mandatory,
no matter might exist, and could not
bo disputed by the bodies to whom directed.
He would now call attention to a very high authority, Lord
Coke's Institute, which states that the Archbishop's court
dealt only in mutton proforma, and as matters concerning
which the judge had no contentious juriedicton. The con-
firsaatioa , ttappeared, had alweys been held in Bow Church,
and when the archbishop bad merely • pro forma duty to
per Term in matters of contentious jurisdiction, the court was
held in St Paul's. The learned civilian then quoted a cam
from the reports of the Consistory Court, showing that not
only had the archbishop's vicar-general, but all vicars-gene-
ral, no jurisdiction in matters of contention. The libel
charged unsoundness of doctrine. Now, suppose that libel
was received, who were the parties at issue, and who was the
party put on defence. Not the bishop elect, for he was
merely • by-slander—the cause would he not between the
objectors deane bishop elect, hut between them
and the and chapter. They have elected
the bishop so • man of learning wad piety. How
was it to be proved that he was not ? War the bishop
to be expected to come forward and say " I am a man of
learning, piety (for piety was the word used), and good con-
duct r Modesty would forbid such a course. Then could
they prove the libel by means of witnesses. The court had
no power to hear witnesses. If the charge partook of a
criminal nature, them article* must be performed, and the
matter would come under the Church Discipline Act. The
commissioners of the archbishop would have no juriadletion
at all in the cam, and if they went into it they would have
no power of sentencing fur the offence, if any should be
proved, or administering justice in regard to tt. Again,
if witnesses were to be examined on the part
at the objectors, witnesses on the part of the
bishop and the dean and chapter must also be
heard, and if the court were to proceed with the inquiry de
die in diem, it would be quite impossible to conclude the
matter within the time which the statute prescribes. Ile
contended, therefore, that the prictical difiltulties, supposing
a jurisdiction existed, were insurmountable. The charge
referred to certain books publish, d by Dr. Hamp-
den in 1836. That being so, 1)r. Hampden was pro-
tected by the 20th section of the Church Disciplinr Act,
which r cacts that any suit against any, clerk in holy
orders for any offence against the ecclesiastical law shall
be commenced within two years after the commission
of such offence. And merely because the matter was now
brought forward as lotween third parties was no ground for
for opening the question which, as against the party accused,
was bound by that act. The dictum of Lancellottuo, though
undertaken under the sanction of Paul I.V.,had never received
the enntirmatinn of the Pope, and could not be received as au-
tholity. Bat if it were takes as authority elsewhere the question
would arise, did the authority of that book ever obtain rn Eng.
• land. He could find no proof whatever that the law, as laid
down by Lancellottus, had ever formed hereof the law of Enrr
land, and it was not 'efficient to justify a mandamus in this
ease that because certain forms obtained here that therefore
certain other things prevailed as law. In the preface to
" Burn's Ecclesiastical Law," page 20, it ear stated " that
it was necessary first to inquire what was the
canon law—not merely what were the opinions of the canon-
iota, and then compare the same with the common law
and
I the statute law of England, and with the king's prero-
gative. They wanted not merely the opinion of the
canonion, bat how far it bad been received in England. On
these two points in the matter before the court. he feared
they were totally end entirely in darkness. The mete of
Lynewode as to the Constitution of Peckham, which had been
brought forward ea some authority, did not re'er to Neaps
at all, but to the election of minor prelates. Bishops wan
expressly excepted from that constitution. The object ap-
peared to be to endeavour to run a panne' between a pre-
mutation to a living and the c usfirmivion of the party
appointed. Nothis.g was said about Vsbnps, hut it merely re.
furred t t persons who were to be confirmedby bishops. But
it was quite possible that, without more knowledge of the
circumstances as to which Lynewode smote, they might fail
to understand his meaning. He was, therefore, • very un-
safe authority to rely upon. After referring to the Constitu-
tion of Othobon, the learned counsel argued what would be
the case, supposing the libel were received and the inquiry
were conducted before the commissioners, supposing they
found there were objections to the confirmation of
the bishop under the law as it 'toed in those
days, and that the commissioners refused to confirm.
What would be the consequence of such refusal ? That the
Commissioners would subject themselves to the penalties of
prssmunire. The statute distinctly laid it down that the
archbishop, if he refused to confirm, would be subject to those
penalties. There was no provision ter the case of a
refusal to confirm as regarded the vacant bishopric.
There was as to the refusal to elect. This showed
that it bad been always considered that such provision WAS
=neer salty, as, the appointment being vested in the crown,
and the election once over, no opposition could be anticipated,
and all that remained was fur the archbishop to confirm,
which, under the penalties of premunire, he was com-
pelled to do. The object of all the statutes of Henry
VIII. and Elizabeth was to make the king the head of the
church, and to place the King in precisely the same petition
as the Pope had previously stood in regard to matters
ecclesiastical.
Mr. Justice Coleridge : Suppose the crown to have the
power of dispensation, as the Fope had, would it be right to
act upon it *Oast the canonical objection as to age ?
Dr. Hayford : It must be inferred that no disiseesation
from the crown would go beyond mere matters of form ; and
with regard to age, there was a distinct act of parliament,
which specially applied. He thought, therefore, that no such
interferences in the case of age need be apprehended. But
whet he had endeavoured to show was, that confirmation was
a mere formal act. The canon law did notintroduce the election
of bishops, it merely regulated it ; and on this point be
would draw attention to " Bingham's Chriotian Antiquities,"
to show that confirmation had always been considered as
the mere formal recognition of the election, and that
the duty of the archbishop in confirming was
like that of a returning officer at an election ; it was merely
to say that the electors had complied with the required forms
—that the thing required was done; and the same book went
on to say that the parties called upon to confirm had no
negative voice in the matter. This was precisely the
case in the present instance ; all that the commissioners had
done was to confirm the election ; and who ever heard of such
a proposition as that objectors to in election should allow
that election to be earned out, and come forward at a subse-
quent stage, at which the party objected to would
have no power to defend himself, and there prefer their
charges against him ? With regard to the case of
Jones the circumstances did not apply to the present ques-
tion, as had been already stated by his learned friend. In
the case of Archbishop Parker, it appeared that the pro-
witions of the 25th of Henry VIII. had not been
complied with, inasmuch as no archbishop sat amongst the
commissioners. Burnett. in the 10th volume of " His Own
Times," speaking of the election of Dr. Hampden to the see
of Oxford, said that some of the bishops brought to Arch-
bishop Bancroft arti:les against the bishop elect, and preyed
that the confirmation and consecration might be delayed. The
archbishop at first was inclined to comply with that request,
but, after considering the matter, Archbishop Sancroft con-
sented to consecrate, because of the penalties of orannunire,
to which he found his refusal would subject him. This
proved the opinion held on the matter in thaw days.
Left speaking at two o'clock.—The close of this day's pro-
ceedings will appear in a Second Edition.

MALACCA.—The occurrences of the month fur-
nish a few items of interest. On the 3d or 4th of Nov. a
most treacherous and diabolical murder was committed on a
British subject by the Rajah, properly Tomongong, of Muter,
a territory separated from the British dominions at Malacca
by the river Keosang. It appears that formerly the country
belonged to the Sultan of Johore ; the Tomongong still re-
cognises the authority of the Sultan. One great source of
revenue is derived from a tax levied on boats passing up and
down the river. The right to collect has for some time been
exercised by the widow of the late Sultan of Johore, whose
agent was Hadjee Hoosain, a native of bialacca. Some of
the subjects of the Ton:tenger* of Muse complained of these
exactions. The Toniongong (whose name is Tuanku &sled)
assembled several boats and followers and proceeded to the
mouth of the river, where Hadjee Hoosain resided. The
mission affected to be a friendly one. A message was sent to
Radice Hoosain, who went out of his house to meet the
Tomoogong, and while in the act of stooping to pay his
respects, the Tumongong plunged a kris into Hadjee
Hoosain's shoulder, upon which the latter fled to his house,
but was pursued by the Tomongong, who in the presence of
Hadjee HoOSain's family inflicted three other stabs with the
kris, and finished his victim. His highness was about to
stab the wife, and his followers to Ray two defenceless sons
of Hadjee Hoes/Lin, but was prevailed en by the supplisation
of the woman to forego his purpose. His highness coolly
wiped his kris, and, together with his followers, returned to
his home, situate about six or seven miles up the river.
The widow of the victim carried the body into
Malacca (where it was buried), and made her com-
plaint to the lion. Mr. Salmond, resident councillor.
A great spirit of animation is now pervading Malacca,
owing to the enterprise of Chinese merchants. In ad-
dition to the extensive mining operations noticed in my
last communication, ship-building has been commenced,
the abundant forests of Malacca, stored with woods, second
only to teak, offering peculiar advantages. In my last letter
I noticed that some American gentlemen had undertaken
to open tin mines at places bordering on the Malacca terri-
tory. I now learn that Team Tuaw, the Rejalt of Seen-
gore, and his brother Rajah Jannahomed, who reside at
Uslighit, have rented the island of Linghit to the American
miners for fifty Spanish dollars per mensem' and a present
of 330 Spanish dollen at the time of signing the great.
COCHIN-CEILNA.—As feared, Sir John Davis did
not succeed in the object of the mission, although his advent
may be said to have paved the way for a second embassy.
The Cochin-Chinese do nothing without great procrastina-
tion, and the governor of Hong-Kong was so anxious to re.
turn to the seat of government that he left Turon ere any
advices had been received from the Imperial Court at Hue.
Sir John Davis treated with the Cochin-Chinese in a tons
amounting to authoritative demands, which were answered
by most courteous evasions. At every step he was
met with the objective. " Captain Ross, when deputed
to deliver the governor-general's letter, in March, 1816,
did not demand ae you do," which objection, meeting the
Hong-Kong government at every turn, became at last some-
what annoying. The fact is, an erobssay is lightly considered
in Cochin China. All importance is attached to the letter
conveyed, and not to the bearer of it—a point of etiquette
either unknown to, or overlooked by, Sir John Davis. Like
the mission to Cochin China of Comte de Kergarion, in La
Cybile frigate, in 1817, there was wanting something more
than the air of ambassage to ensure success to the diplomatic
visit. Governor Davis was received by mandarins of the
second class ; his excellency should have bigoted on com-
municating with the Emperor, and have proceeded at once
to Hue, instead of listening to the sophistry of the man-
dmias at Turon. A communication having been opened, it