The Express.
London, England, 1860-05-23 00:00:00

THE POPE AND THE ITALIAN BISHOPS.

A Paris letter in the Indfpendawe Rar4
" A document of considerable interest ham been communi-
cated to me—a secret note, addressed in the name of the
Pope to the bishops of Italy, tracing the line of conduct to
be followed by them under present circumstances. Not
being authorised to send you the text of this document,
which was drawn up when the Xing of Sardinia
was in Tuscany, I make you an analysis of it. It
begins by an allusion to the Archbishop of Florence,
who, it says, from fear of menaces made to him, bad
'the culpable weakness to receive the Prince in his
church.' It then says that it is true the prelate has
repented, but that the scandal in the eyes of the Christian
world is not diminished. In the midst of the disorders of
the times the clergy must, it declares, know how to suffer,
and if need be encounter martyrdom. The church in the
exercise of its sacred ministry, ought, it continues, to enjoy
entire liberty, and never to cede before the violence
of the civil power ; but liberty no !eager exists in
the states of the King of Piedmont. The numerous,
deplorable, and criminal attacks of which the clergy
are the victims (the expressions used are stronger than
these) cause (the note says) the Holy Father to request the
prelates who do not feel that they possess the moral force
of resisting the violence to which they are every day sub-
jected, to retire to Rome to await better times. The in-
terests of the church and of religion will, it declares, suffer
lees by their absence from their sees than the forced
attendance of the clergy at ceremonie.a against which they
ought loudly to protest. Such is the substance of the
document, which fills not fewer than six pages of small
text."

LAW INTELLIGENCE.
(THIS DAY.)

COURT OF QUEEN'S BENCH.

Sittings in Burson.—(Before the Lord (7ltief Justice,
Mr. Justice Wightuntn, Mr. Justine Crompton, and Mr.
Justice Blackburn.)
REGINA V. ECTTON.—EX PARTE HIM ROYAL HIGHNESS
THE PRTECE OF WALES.

In this case • rule had been obtained last term for cer.
tiori directed to the defendant Hutton and another magis-
trate of a district in the county of Lincoln, ordering them
to bring up an order made by them at an ad-
journed scabious in the parish of Kirton-in-Lynd-
sey, whereby the surveyors of the highway were
authorised to carry any stone -and other material
from off certain enclosed L2llll in the parish, which
were admitted to be parcel of the possessions of the
Duchy of Cornwall, and in the actual possession of a tenant
of the duchy. The stone and material in question were
required for the repairs of • highway within the parish.
Substantially the question ?wised fur the decision of the
court is whether the property of the Duchy of Cornwall is
bound by the provisions of the Highways Act, the position
assumed by the counsel for his royal highness being that,
inasmuch as the crown is not affected by the act, the pro.
petty of the duchy is nut.
It was eventually agreed that, in order to enable the case
to go toe Court of Error, the question at issue should be
raised on an infonnatiou at the instance of hie royal high-
ness. That would get rid of the nexasity of the court de-
termining summarily a cise of moth importance.
The Solicitor-General, Sir W. Alexander, and Mr. Garth
appeared on behalf of the Primus of Wales ; and Mr.
Q.C., and Mr. J. Stephens on behalf of the public.