The Express.
London, England, 1859-01-29 00:00:00

Didlil OF 7111 LAIL 01111V.V.

We regret to at:Deuces the demise of the Earl al
&pos, who dkd et as early hoer yeetertlaybossieg. et kb
vela et Eats y -booth. The deceessa Earl had bees 11l for
the lam three teeth., b',' about be days beak his bilispoeS
hoe aseoned sash • silos& fora that 'Mimi/eel bedisel
gretbouth at oseo pronounced hie care • hopeless see. Tbe
lesnested earl oostsaned gradoesEy to oink, sad at • few
above efts one.'. lock ;naiades (Froth)) mortice, be
*spired. TM Canstoie of Wpm, and Vlthouni sad Vie-
Cleenleneo.4nO..ll, lobo had leen nereatitting I. their sties-
Um to the orbit boreal ilicieebent hut unseat, eve precast
at the theseletto• of be len/ship. The late Earl of klposie
pea., end politivil earn had rah:clod over Loy
year., mad ening that period he Led occupied
✓ase el the Lisboa °Sus In the govenonseet, for, la
additive to har;es lout owe, for • Iles months, First Lord
of tie Trescat), he had been • member of the csbieets
Auto" the slraisiarethes of the Earl of Liverpool, the Hight
Hoe. Derain CanoisT, grog lir. o and of the lath Ittcht
Mee. Sir Hebert roil The dvaaad peer, Iml./irk Jvhs
ioniesseores seoett In& of Thome., scroll LcslOresabcio,
• givieguithea sesdassae and dtplvevisr, sod Lady Mary
ameba Toth,, wooed antuthter of Ithiltp, aecosd Eul of
Mesavishe. ty JOA•11., Mcrehl..nera Gni. Ile Inn.
it... 1. 171!, en Cast be hod tecestly eat. red on ha 77th
pow. Hew,. orients. eserrtay iv the Lord Lteutroast of
Infra heel MI To tam, b arl..h ',or he est list !stormed
b the Hers of commas' foe Carlo e. At lb. general elec-
tion In Meseoler, Puri, Is• Otis rived • rerresetstire of the
icily Louth of It pee, which he routicad .0 represent
for teen., yscs, up to Li. elevatke to the Honed ci Lords
In 1917, noir, the title of Viscount Ovderich.
His lest rarce in the iroveremeel was teat of
Usativ-Pecret.r) of Paste P., the Colnoies in 1809,
sad ht. lea, that td En mdrest of the Board of Control, motor
•Ar ha. rt Pert, groat 1811 to 1844. flame tt,o the sobte
tlerva..4 took active pert a politico, and may be sot to
hare twist my- 'civets, life, for hey'sol OCC•slOo .up port
to tie Y. nl of At,: heel. ins.ratu.el by • •ot• is fir 11,041
of Leda, be bat 1.. t rel I Act apse and in that movoibly.
Brouabt up in Ito Tory raload of p hat, be join-.fra the
soon literal tie.. '5 Vcr.d..0..., Palmerston. Haskaavi. ke.
15.11.• the duals Cs of Lord Larrrpol'e trovernsesed
1817 be bed oaf noly eoppeted an the great MOB-
•o• a Newts and promos both social and eels.
Umiak navy of who tt he ersieted to tarry to •
esteemtel ism in hi. pleas is the House d Peen.
The late 111.0 wee • taverner el the Ctssierthemie, • trustee
of the National Gallery, • D.C.L. of Oliva (10139), and a
Fellow of tbe Royal aocbty. Tbe incensed perr serried,
Sip'. I, 1.411 Ly Sarah Albisla Lambe llob lady
douches of Hobart Furth E4rl of Bnekingtmoteture, by
• Ival (ob. atter.rire bon hvbaid) be Mess Wee es only
eon, Vseount G.rterich, M.P. foe the West Rialeg of York-
shire. A wrest I c•Tarequestly seems in tbn repreerstitt los
of that °minty by km lardship'e ascension So the Hops of
Dads.

THE VICAR Or MOTTI NI AND III!' PARTABIONERB.
The 1t... W. U. loom, vicar of llottnust, write. to tbo
Marreitestor pay. To to pmt .t strainal a repot of mom ex-
traordinary pro....listra at a troty meetior, an account of
trbkb ippon dis .ur paper of Monday Oat, Mr. jonee
&dam lb*, the implication ow`aiood to a rmointion passed
at the maallue, to the react that be bad oboakied
of tba pariah tniooto- took user pretest, "that CP:Zit°e;
his ent.rm..i..a to maks certain rotsaws," was simply and
entirely untrue.
Sr Utit‘l.f.T VOX PUBLIC DKr ‘U.TIII.NVI.—II2
Ida ye..r es! d it, Met of March, the 1.,..,•atry for public
dellortor ore an.,acted to as mach as 349.6304

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Tin Ivws. TRU FIONIrf moos. Yam Im% W. Tema.
Ilsikasmi: Mrs. Rllts.Ceas. Mr. W. C. Nabs.—
la ••. w WwWWW...4 Weltdin at de Witham Mom. a.
LMT 'sal limy Ode. MY* L. Laden. We P. WARW.

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LONDON, SATURDAY, JAN. 29.

Ora law reports yesterday showed that the Rev.
ALPRID POOLE bad succeeded in the Court of
Queues Bench in his application for a mandamus
eememanding the Archbishop of CANTERBURY to hear
hi appeal from the judgment of the Bishop of Lox-
DON, by which he had been deprived of his
license es Curate of the Church of St. Bar-
nab's, Knightsbridge. The circumstances under
which that revocation took place, the disgusting
stories told by certain women of Mr. Poote's dis-
trict about questions assimilating to those proposed
in the Romish Confessional, which they said had
been put to them by Mr. Poona; the public excite-
ment which followed, and the meetings at St.
James's Hall, are circumstances the memory of
which we have no wish to revive, except in order to
Identify the case.
Mr. POOLE, in his communication with the Bishop
of LONDON, convinced his diocesan, we believe, that
many of the charges against him were unfounded.
Bat it also appeared clear to the Bishop that Mr.
Pools had adopted a system of examination
and confession contrary to the spirit and
practice of the Church of England ; and
for that reason he revoked that gentleman's
license. When the appeal which Mr. POOLE was
advised to make came before the Archbishop, that
Venerable Prelate appears to have taken a course
which probably nine out of ten persons would have
adopted in the matter, but one against which the ex-
perience of his legal adviser—had he been consulted
—would have guarded him. He looked into the
letters which had passed between Mr. Pools
and the Bishop, and finding, u he thought,
en
admission on the part of the former
that he had practised a system of confession, he
deemed further inquiry unnecessary, sod confirmed
the revocation. Mr. Poote says that this was not
a hearing of his appeal within the meaning of the
statute (1 and 2 Vic., c. 106); that in such a case the
Archbishop is not to take the documents and mate-
rials of the cue into his study, and, putting his own
private interpretation upon them, pronounce judg-
ments which hive the effect of depriving a man of
his professional position. The Court of Queen's
Bench took this view of the case, although
not without regretting that the consequence
would be the revival of • disagreeable and
anedifyiog controversy. Lord CAMPBELL'S language
was very clear and decided. He said he thought
the Archbishop was bound to heir Mr. POOLE, and
had sot heard him ; that the Most Reverend Pre-
late'e judgment may have been jam, but having
been given without hearing the appellant it
could not stand. This part of the judgment of
the Court is worth quoting. Lord Co/I'-
22XL said: " This appellant has not been heard.
" He presents a petition of appeal io which he
" denies almost everything charged against him,
" acd he specifically claims that he may be heard
" at a time and place to be named by the Arch-
" bishop. Without the slightest communication be-
, " tweets him and the Judge, the Judge decided
" against him. That was not a hearing. It was
very important that he should be heard, because
" he might have been able to pat a different coo-
" struction on the language employed by him, and
" he should have had an opportunity of contending
O before the Archbishop that there were not enfil-
" cient grounds for withdrawing his license, and it
" was only after being heard on these two points
" that the Archbishop could lawfully affirm the
▪ decree of the Bishop. We think the mandamus
" most go, that there shall be a hearing. All we
" have to consider is, whether there has been a
hearing. In my opinion there has been none, and
" therefore the rule must be made absolute."

It is important to see clearly that the Court of
Queen's Bench was not yesterday engaged in set-
tling or unsettling any doctrine or custom of the
Church. Its intervention was only exercised for
securing to a working clergyman the benefit of a
hearing before • Church tribunal. The Civil Court
does not tall the Archbishop to what decision he is
to come, or in what form he is to hear Mr. Poste,
bat it insists that he shall hear what he
has to say on hie own behalf. If there
▪ nay facts which have been misunderstood.
and in justice to his character require to be ex-
plained, everybody will be glad that he is to have a
fitting opportunity of making another staterneat.
But otherwise ws really cannot see what will
have been gained by the success of the application
made yesterday. It cannot be for the interest of Mr.
Pooxs personally, nor for that of the Church party
with which be acts, to hare the whose story of the fit.
Barnes' Confirssiosa! over again. Informal as was
the Archbishop's confirmation of the Bishop's
judgment, there is no reason to suppose that the
facts which will be presented to him will form
• can materially different from that on which he
has •;Wady given his opinion. Private confession,
eves though for motives of prudence it may be care-
fully distinguished in matters non-spiritual from the
auricular confession of the Osel, of Rome, is not a
practice which any one can expect the present
Chief Pastor of the Church to sanction. We wish
the Archbishop had not compelled Mr. Pools to
seek the aid of Lord Cessesel.t. to obtain that hear-
ing to which he had a right; but Mr. POOLE has
not made the public his debtor by forcing upon its
notice a repulsive we, in which, as we think, few
can doubt, he hes already had substantial justice.
The Court of Queen's Bench, which, without respect
of persons, has protected the rights of the weak
against the stroog, will get more credit than any
other party out of this affair.

Tug unanimity of the Court of Queen's Bench in
rejecting the application for a new trial in the esle-
brabod ease of ilcorx and another e. DIION,oa Thurs-
day, gives reason to hope that the public will hear no
more of that trial, except as a public warning to
direst.= of joint-stock componiao of every kind.
As we recently took occasion to show, there was
nothing of an innovatory in the principles of law
laid down by Mr. Baron MARTIN at the Liver-
pool trial, when damages were given for the plaintiff.
There would be an end of all law if it could be
maintained that the directors of public companies
might make untrue statements with the object to
mislead, and not be liable to answer for their con-
duct to those whom they damaged by that means.
Directors are under the same temptation as private
traders to persuade themselves, after heavy losses,
that things will come right, and their speculation
prove successful; but it will be understood hence-
forth that if they choose to prolong their enter-
prises they mast do so with the aid of those who
with open eyes may be willing to share their perils,
and not at the expense of a deceived public.
It is very unlikely that any director who may in
future be sued for damages by a shareholder who
has been injured by misrepresentation will be able
to say more in extenuation of his offence than was
urged on behalf of Mr. Dixon. There can be no
doubt that that gentleman, who long stood up in
favour of a true report, when he at last consented
to the issue of one which was false did so for the
good of the bank. Bat in the words of Lord
CAM ream., which ought to be graven in the memory
of every one who accepts a seat at the board of a
public company, " Publishing an untrue statement of
" the condition of a bank for the purpose of inducing
" persons to become purchasers of shares, and to run
" the risk of its bankruptcy, is that which the law
" will not allow, and which may be made the ground
" both of civil and criminal proceedings."