The Express.
London, England, 1865-03-21 00:00:00

Sir R. PEEL mid that by the act of the iiith el Wm. IV.,
the constabulexy were prohibited from interforiag with the
ss=of paw aid fish, exempt whir lefeinedio• Iced
" bees involving the likelihood of • breath of the
pma That act bad bees mewed se regarded fish ; bat
ke did net think it would be at all advisable to give any
dimness like those suggeetal by the hoe. gandsmian.
MARINE ORDNANCE AND THE UNITED STATES.
Oa the MUM far gong Into ermines at ',apply,
Mr. H. BERKELEY deeded salience to the possi-
bility of a war with Americo, and to the absence of guns '
capable of protecting our coasts from the aggression of •
maritime power. The hon. member warmed the hams, by
the example of the Crimean war, weed the mesequeoros
of entering upon hostilities in a state of unpriparedoess.
He inielsted teat goverment cmght to have recoguined the
Confederacy ; foe had they dose so, they would have put •
stop to American filibustering. saved Canada, mil ex-
ploded the " Monroe doctrine." By the course adopted,
however, they had disgusted both North and South ; arid
whet the present struggle was at as end, it was sot im-
probable that the two parties would unite their arms and
make war upon this country. Thee away would go the
Climate.
Mr. PEACOCKE, alluding to the speech of Mr. Lowe is
the late ellacoasioe on the Canadian defences, censured that
gentlainan for *vim stated that Caddis was incapable of
being defended by British troops. Such assertions were, is
his opinion, calculated to depress the courage of the Cana-
dians., and to invite rather than ward of aggression. He
could only arrive at a cooclusics with regard to the pro-
bability of a war from the language used by American
statesmen ; and, looking at what bad boos mid by General
Dix, Mr. Seward, and lar. Clime, it meld ad be doubted
that the tone was decidedly hostile to this country.
Sir H. WILLOUGHBY urged hon. rambers to be cau-
tious how they carried on their debates. Thai the United
States had grievasese spied us might he tn., but the
least said about them in that house the bettor. So, too,
with our owe grievances and those of the Coatedernes. The
rakiog lip of awkward pieces of history wee ant the bad
way to promote peace and goodwill between the two ma-
tions.
Mr. H. BAILLIE reproached the government for the
delay which had taken Tilde in the production of good and
*kind guns. This delay attributed to the indisposi-
tion of the Obanostlor of the Egobequee to noir en expos.
diens that would reduce has surplus and impair the mesas
he pommeled of effecting a further *minim of taxation,
and roducing proeperit nidget.
Mrp. MONSE• LL thought the (many experhneets had
not been ponied forward as rapidly as they ought, but he
recommended that the government should not ask for
money for snore guns until the report of the ordesnos nom.
mission had been produced.
The Manion of H ARTINGTON declined to discuss the
possibility of • war with the United States, whilst he
believed the probability of such a misfortune to be very
remote indeed. With regard to the coast defences, in ode
of war the Artillery Volunteers would be p in
any works where then proems might he required, and
make use at the guns that ware now in their possessim
for practice. He admitted that neither the old nor
the new coast **wise were as yet thoroughly armed. So
far as the new benefice were finished they had been armed ;
but those at Plymouth, Spithescl, and other plasm were
not sufficiently advanced to receive their arnmessete, which,
however, would be of a vary heavy description. As to the
old batteries, he denied that they were is such • state as
sot to be able to defend themselves against the attacks of
epodes ship. Even the 138.pouodem were eillolemt for
that purpose ; so also was the 110.ponader Am-
nion gun, although it was not adequate to cope
with iron-plated women. With reference to the
defence, of the commercial ports, he always an-
derdood that it was one of the purposes of the
fleet to protect them, and not that it was contemplated to
defend the whole coast by armed batteries. We had now
very good 12.t0n and 20-ton gum, and he hoped to have as
perfect • weapon as could be obtained in the Muse of the
siert yam.
Mr. W. E. FORSTER regarded it as contrary to the dig-
nity of the house to invite them to throw themselves into •
war with • great and friendly country simply bemuse of the
hognage used by one or two ministers. If Zaelaed were to
go to war every time that her ministers had used irritating
Legume towards forego 'idioms, by this time she would
be at war with the whole haulm nee.
After some remarks from Sir F. Smith, Mr. G. R. Bee-
thick, and edits* Jaren, the subject dropped.

THE CA

BUOP COLENSO.

JUDGKIINT.OF Taff PRIVY COMM.
The Lards el the Jadielekkeamittee of the Privy
Cottord ;reader *hareem gre fedora* epos &sapper/
of Dr. Ooleaso from ea domes of Dr. Gray, Bishop ol

• ---
Daps Awn, &posies him from his owes of Bishop of Natal
Wagers the decides in part of our yesterday's impresdoe.
The arguments in the come extended over several days, sad
woo the termination their lordships reserved judgment.
The counsel far Dr. Colman, the appellant, were Mr.
M. M. yams, Q.O. (of the gummy barb Mr. Fit/yews
Seephee, Mr. Westlake imMtr. Maths aad the QMPOS.I
Advocate. Sir LL. Cairns, Q. 0., sad Mr. aid&ley, appeased
for Dr. Gray, the reopott. All the membms of the
Judicial Committee who bard the erguasenta were prime;
via., the Lord Chactoellor, Lord Orenworth, Lord Kin &
down, Dr. Loshington, cad the Master of the Itolk.
' "

- -
As moo se the door were opined to the public the room
was rapidly filled. Amongst thaws posewt were the Arch-
bishop of York, the Earl of ehaflwhuay, Lord Nontsegle,
Lord Belper, Lord Fred. Omoodia, the Dean of Wallianil3.
Aar, Sir L. Peel, Biz E. Ryan, Sir G. Bowyer, M.P.
The Lord Chaneellor reed the judgment, which, atter
reciting at peat length the proceedings which have already
taken place proceeded as follows :—ln this state of things
three principal questions arise, and have been argued before
us:-Ist. Were the letters patent of the Bth Dec., 1863, by
which Dr. Gray was appointed metropolitan, and a miaro-
when see er province was expensed to be created, valid and
good in law? god. fluppceing the wielesiastioal relation of
metropolitan and suffirsgen to have been created was the
grant of coercive authority and jurisdiction expiated
by the lathers patent to be thereby made to the
metropolitan valid and good in law I 3rdly. Asa
the oath ol canonical obedience taken by the appellant to
the Bishop of Cape Town and his casseat to swept his sae
as part of the metropolitan provisos of Cape Town, weer
say jurisdiction or authoritielii the Bishop of Cape revs
• which this matinies of ratios of the Bishopric of
Natal can be supported? kb respect to the fire ',quer
km, we apprehend it to be clear, upon prieciple, that
after the establishment of an Independent 1 le the
settlements of the Caps of Good Hope and Natal, there
wee no power is the crown by virtue of it. prerogative (toe
them loiters patent were not granted Roder the madder
of say statute) to establish a metropolitan see or province,
or to create an sailesieetical corporation, whose statue,
rights, sod authority the colony could be required to es
ageism After a colony or settlement has received Like-
tive isetitotions, the crown (subject so the special provi-
sions of any act of parliament) stands in the same relation
to that mkny or settlemset as it does to the United
. It may be true that the crown, an legal
Kingdom
ofthis church, has a right to command the souse-
oration of • biahop, but it has so power to assign him
any diocese, or give him any sphere of minim when the
United K leaden& The united church of England and Ire-
land is sot a part of the coutitutioe Is say colonial seek-
meat, Der can its authorities, or those who may bear cake
is it, dens to be recognised by the law of the colony, other-
wise than as the members of a voluntary associatioa. The
comes which legislation has takes on the subjoin is a strong
proof of the ormertnem of these conoloaidia Is the year
1813 it ma deemed expedient to establish a bishopric in
the East Indies (then under the government of the East
lade Company) and although the bishop wan appointed
and oonserated under the authority of the crown,
yet it Ina thought necessary to obtain the sanction of
the Walsers, aad that an act of parliament should be
pursed to give the bishop legal statue and authority. Ac-
cordingly by statute 63 Geo. IIL, a 156, sea 49, it was
enacted that is ease it shadd please his leis* by his
royal letters patent to erect, baud, sad ocemaltate are
bielmimis for the whole of the British territories in the
Eel Indies and parts thereto inentional, a serials salary
shaeld be paid to the bishop by the RAM ladle Company,
and by the Slit and Cod sections it was enacted that snob
bishop should aot have or use any jurisdiction, or surds*
any episcopal f motions whatsoeverbut suck as should be
limited to Will by letters patent, and that it should be law-
ful ter hie Neje", by letters patent is great to auth bishop
nth molesiattical jarielickoe sad the exercise of such
opiesepal function within the East lodes ad pare al ore-
illid as his Majesty should think mosmary for adminis-
ter* holy ceremonies, and for the superiatendeme
and good goverment of the minister' of the church
establishment within the Fast ladles and parts aforesaid.
Subsequently. in the year 1813, it was deemed right to found
two additional bishopric'. cue at Madras sad ft* other at
Bombay, and again an set of perliament (3 and 4 William
IV. chap. 86) was pasted, by the fkhd section of which it
was emoted in like manner that the crows should have
power to grant to such bishops within their diocese mole-
Bestial juisdectioa ; sad It was also aimed and declared
than the Bishop of Calcutta should be metropolitan is India,
and should have as such all such jurisdiction as the mown
slienkl by letters patent direct, sublet, aeverthelem, to the
traiperintoodeece and revision of the Archbishop of
te surhury • and ft was provided that the Bishops of
Madras ad Bombay should be subject to the Bebop
of Calcutta as metropolitea, and should take an oath of
canonical obedience to hiss. fie spin whoa I. 1824 •
bishop was appeased in Jamaica by lesion patent, coatere
big clauses similar to those which are found in the letters
patent to the present appellant, it was thought mosarary
that the legal status and - authority of the bishop should be
confirmed and established by an act of the colossi legis-
lature. The °reseal of the crown was given to this
coked aot, 'Dish would have been an improper thing,
as being an injury to the crown's merootive, unlade
the law advisers of the goverment had been Waded
that the colonial statute was necessary to give full effect to
the astablialnuent of the bishoprio. The oreclusion is fur-
they cou6rmsd by observing the course of imperial legis-
lates: ea the same 'abject, ,is., the creation of rue
=Tarin Ragland. When four sew bishoprke were
ed by Henry VIIL it appears to have been thought
seceseary, even by that aboolute monarch, to base moonrise
to the authority of parliament, and the act that was wed
(viz., the 31st Henry VIIL, cap. 9, which is set found is
the ordinary edition) is ef a singular charmer. After re-
fer* to the slothful and ungodly life which bad been
used among all those which bore the same of religious
folk, and reeking that It was thought, therefore, unto
the king's highness most expedient and necessary
that more bishopric., colhigisto and cathedral churches
should be established, it was enacted that he high-
are should have full power and authority from time to
time to declare and nominate by his letters patent or other
writing to be made under his groat seal, such number of
bishops, such number of cities, sees for bishops, cathedral
churches and diocese@ by moles aid bounds, for the exer-
cise and ministratioo of their episcopal Mike ad adminis-
tration u shall appertain, and to endow them with such
possessions after such manner, form, and mediae' as to
his most excellent wisdom shall be thought necessary and
cossacks& This statute, which was repealed by • Ist
and 2nd of Philip and Mary, rep. 8, sea 18, dose sot appear
to have bees revived. It is remarkable as granting power
to nominate sad :gigots t new bishops an will as
to create new sees and dimness. So also in re-
cent times the two sew bishoprics of Mandiester
and Ripon wee coestiteted, and the new bishops
teethed eulestastical juriadicitioe, soder the authority of an

id of parliament. It is true Mit it has bees the Wootise,
for many years, to deed in lettere patent ereatiog colooial
bishoprics clauses which purport to ceder embedded
jurbdietion ; but the forma of sod lettere patent were
mutably taken by the official permits who prepared them
from the original forme used in the lettere patent appointing
the But tidies bishops, without adverting to the fact that
such last-mentioned lettere patent were grouted under the
provisions of an act of parhameet. We therefore arrive
at the conclusion that although ie • crows Wavy,
properly so called, or in oases where the letters
patent are made in pursuance of the authority of an act
of parliament such, for example, as the mot of 6 end 7
' Viet., cap. 13), • biahopria may be 000stituted and optical.
astioal jurisdiction conferred by the tole authority of the
crown, yet that the letters patent of the crown will not
have any such effect or operation is a colony cm 'Adorned
which is poisoned of an idependeat legislators, The sub-
loo was ommiderd by the Judicial Committee I. the cue
of "Long v. the Bishop of Cam Town," and we adhere to
the principles which are there laid down. The same ma.
mooing is of course decisive of the mooed question, whether
my jurisdiction was coofend by the letters West. Let it
he granted or enema that the letters patent are sailiciant
is law to confer on Dr. Gray the mclesiamtical status of
metropolitan, and to create Mimes him and the Bishops
of Natal and Graham's Town the persons' relation of
metropolitan sad suffragan as seelembatica, yet it is Raba
clear that the crows had no power to ceder any juris-
diction or coercive legal authority upon the metropolitan
over the suffragan bishops, or over any other person.
It is • settled constitutional principle or rule of law that
although the crown may by ite prerogative establieh
courts to proceed according to the amnion law, yet that it
mead create my new mart to administer as other law ;
sad it is laid down by Lord Coke in the 4th Institute that
the erection of a new court with • new jariadietion mood,
' be without ea act of parliament. It cannot be maid that any
ecclesiastical tribunal or jorislictionim required I. anycoloey
or settlement where there is no established church, and in
the cue of • Bottled colony the ecclesiastical law of England
cannot, for the same reason, be treated is part of the law
o which Mesoderm oarried with them from the roothwrometry.
So much of the lettere getout sow is question as attempts
to confer any coercive legal jurisdiction is also la violation
of the law as declared and established by that pert of the
Aot of the 16 Oar. 1., e. 11, which remains unrepealed
by the 13 Car. IL. at. 2,0. 12. It may be useful to state
this is detail. By the 16th sod 17th section of the 1 KIM. e.
1, entitled " As Act for reatoring to the Crowe the aimied
jurisdiction over the State ecclesiastical and spirited, and
abolishing all forms, power repugnant to the tame," it
was enacted that all usurped and foreign power and au-
thority, spiritual and tempont, should for ever be 41.
thognished within the realm, and that such juriedisame,
peivilegea, ameriorities, and preemiwaseem, spiritual and
molemdatiod, as by my spirited er embeleetical power
or authority had theretofore hese or might lawfully
be exercised or used for the Ambition of the eordeeleatioal
Make and pwtass, and ter milsmoties, order, and 001,
rectimacif the same, sad of all manner of heroin, schisms,
abeam offieeeme, emetempie, aid 4•41111iii41 shield fee war
be united and annexed to the imperial crews et this realm.
And by the 18th reties the Omen an empowered by let-
tere patent to appoint parses' to atemsda moupy, use,and
memo% all massif of spiritual or erelosiseVal leriedictioa
didp the reedit of Bugled ad Laud. or my ether the
doedelose aid eswitries of the wows. Under this statute
Omni was eroded, which was
by Nn Id awn. &a. 10. By the Ad sd the 16

THE EXPRESS, TUESDAY EVENING, MARCH 21,. 11465.

vim 1., a 11, the 18th section of the Ist Wu.
1-21414 a Is was wholly repealed tad by the 4th settles
al the game delete spiritual'and twasiodutiod persons
Off judges were forbidden, under were penalties, to 'mein
any jurisdiction or coercive legal authority—an emictuient
which clawed all the regular established eoeleslafical
bum& ; but by the 13 Ow. IL, e. 12, the erdiess7 'cola
SilkatiOld juriediation and authority, me it existed before the
yam 1619, wee with owlets savings restored to the arch-
bishops and bishops ; and the act of the 16 Oar. L, exoept-
lag what concerned the High Commission Court, was re-
bet with • prov that nothing should extend or
Calottrued to newly* or give force to the enactments
eentsleed in the 18th 'sotto° of the 1 Elie., a 1, which
should remain and stand repealed. There is, there-
tore, no power le the crown to create any new or addi-
Racal cieclesiestkail tribunal or jurisdiction, and the
eke's' whit* purport to do so, contaiaed in the fetters
palest to the appellant and respondent, are simply void in
law. No oastropeliteo or bishop in say colony !aerie;
legislative inettainoes hen, by virtue of the orowa's lenses
patent alone (oakw red under an sot of parliament or
eoe6rmed by a colooLl statute), exercise any coercive juris-
dictioo, or held any court or tribunal for that purpose.
Pastoral or spiritual authority may be incidental to the
ogles of bishop, but all jurist:Retie(' is the church, where it
ran be lawfully conferred, most proceed from the crown,
sod be exercised as the law direct', red auspeamiox or prime-
Moe of °(fia is matter of costars legal juziediatioe, and
not of men spiritual authority. If, then, the Bishop of
Cape Tows bad no jurisdiction by law, did he obtain any by
contract or submission on the part of the Bishop of Natal
Then is nothing on which suck an argument can be
attempted to be put, toilets it be the oath of canonical
obedienes,`taken by the Bishop of Natal to Dr. Gray as
metropolises. The argument must be, that both parties
being aware that the Bishop of Cape Town had no jars-
&aloe or legal authority as metropolitan, the appellant
agreed to give it to him by voluntary submission. Bat
wren if the parties intended to enter into any such agree-
ment (of which, however, we find no trees), it was not legally
eisuipstent te the Bishop of Natal to give, or to the Bishop
of Cape Town to mooept or exercise, any such jurisdiction.
There remains we point to be considered. It was eon-
tended before us that it the Bishop of Cape Town bad no
jurisdiction, hie jagment was a nullity. and that no appeal
could lie hen a nullity her Majesty in Council. But
that I. by so mesas the eonsequeeee of holdic4 that the
respondent bad so jurisdiction. The Bishop of Gape Town,
sating under the authority which the queen's letters pa-
tent purported so give, assert' that he has held a
court of justice, and that with certain legal forms he
has pronouneed a judicial centime, sad that by such men-
tines he has deposed the Bishop of Natal from his office of
bishop, and deprived him of his sea He also users' that
the sentence having been published in the diocese of Natal,
the clergy and inhabitants of that diocese are thereby de-
prived of all episcopal superintendenee. Whether these
inge have the effect which is attributed to them
tr thedßithep of Cape Town, is a crusade° GI the greatest
importance, and one which we feel bound to decide. We
hays already shown that there was no power to confer any
jurimilistion en the respondent u metropolitan. The attempt
to give appellate jurisdiction to the Archbishop of Caster-
bury is equally invalid. This important question can be de-
cided only by the sovereign massed of the established church
and depositary cif the ultimate appellate jurisdiction. Before
the Reformation, in a dispute of this nature between two
independent prelates, an appeal would have lain to the
Pope; but all appellate authority of the Pope over members
of Ma/dished church is by statute vested in the crown.
It is the settled prerogative of the crown to receive ap-
als in all colonial ceases, and by the 25th Hairy VIII., e. 19
thy which the mode of the appeal to the crown in eisclea-
enticed causes is directed) it is by the 4th manioc enacted
that " for leek of justice at or in any el the courts of the
archbishops of this realm, or in may of the King's demi-
'ions, it shell be lawful to the parties grieved to appeal to
the King's Majesty io the Court of Chancery," an eosctment
white pyie rise to the Commieskin of Delegates, for which
this tribunal le now substituted. Calms a controversy,
such as that which is presented by this appeal and
petition, falls to be determined by the ultimate jurisdiction
of the crows, it is plain that there would be a denial of
justice, and no remedy for greet public iecooveeimiee and
mischief. It in right to add, although unnecessary, that by the
Aet Sand 4 Wm. IV., o. 41, w h oonstitated this tribunalglier
Majesty has power to tater to the Judicial Committee for
heath* or aciesideratise any such other matters whatsoever
as hie Ms**, shall think fit, sad this committee is there-
upon to bear or consider the same, sad to advise ber Ma-
jesty thence • mud that on the 10th of June, 1864, it was
ordered by het Majesty in Council that the polities tied
impplemeetal petition of the appellant should be, and the
lame were, thereby mimed to the committee to hoar the
same sad report their opinio• thereupon to her Majesty.
Their lordships therefore will humbly report to her Majesty
their judgment and °plaice that the proceedings taken by
the Bishop of Cape Tows, and the judgment or meanies
pronounced by him against the Bishop of Natal, are toll
end void in law.

LATH.

LAW

'TELLIGENCE.

HOUSE OF LORDS.—Mmica 20.
APPEAL&

THE CORPORATION OF MR TRINITT ROO6l OP LIME V. TIN
REV. HURT QUIP, ILLIIIbIII3 -AO. MR PARRA OP SOO=

Thu ia an appeal from the Court of fiension in ficatleed,
and the QUOMODS milled are whether. wider certain rights
alleged to have bees sogaired widiw wade old Malaita,
pried anterior to the Reformation, the appellants are liable
at a eorporatioa for the 'aimed of the Respondent ; and
secondly, supposing liability for the respoodeat's 'tipped to
exist to say extent against the appellee* what me the Rails
of that liability, and how far the appellants are liable 00••
juactly and severally jo the respondeo‘ either beta sew or
along with other partW who here not ban made defeatism
in the action. The mart below haring decided la favour of
the reepoedeat, the present appeal wee brouglit.
The arguments were pomading when the one rase.
The Attorney-Omeeel sad Mr. hedereon, Q.C., were for
the appellants ; Mr. Roil and Mr. Nab, of the Scottidt
bar, for the respondent.

EQUITY COURTS.—Mica 20.
(Before the Master of the Rolls.)
THE WICABHDIE BRICE AID CONTENT (illifiTlD).
This was s petition for the wiedieir spa of Ms ociaipsay,
is which the petitioner was a holder of hOpaid•ap shares.
The machinery, he., of the company bad passed under bills
of sala to two of the directors of the comply, and bad In
them bolo advertised for sale. The company had eras& to
carry on business.
Mr. Kerslake was for the petitioner.
Hr. Bypllsy, Q. 0., foe the oranpsay, urged that ss the
petitioner wee not a creditor, and oould not be s contribr
tory, he bed so loins atisedL
His Host= this =ening, alter einentenling upon the
biota, disabled the petition with coots.