The Express.
London, England, 1850-05-03 00:00:00

THE GORHAM CASE.

Ex WWI TEI Buono, or Exam.—Tx an Goauxa it.

Till Bailor or Excess.

Sir F. Kelly (Mr. Badeley was with him) said he was
inerneted to move fora rule calling upon the Right Hoe.
Sir Herbert leaner Fast, height, dun of the Arches Court
of Canterbury, and his Gras the Lord Archbishop of Can
Wilbur, to show cause why a prohibition should not issue to
prohibit them, or either of them, from monishing by way
of monition, citation, or otherwise the Right Rev. the Lord
Bishop of Enter to retsina to the Arches' Court the
kitten patent under the gnat seal, whereby her Majesty pre-
sented the Rev. George Cornelius Gorham to the vicarage of
Brampford•Elpeke, In the county of Devon, and diocese of
Exeter, and from admitting, instituting, and inducting him
(the said G. C. Gorham) thereto and from carping out
an order of council made by her Majesty on the 9th of
March lit, founded upon a report or recommendation made
on the preceding day by the Judicial Committee of the Privy
Council, la a muse of appeal and suit duplex querela
between G. C. Gorham end the Bishop of Exeter. The
learned counsel then said that it was his duty to state to
their lordships that he had already ineffectually made a
similar motion to the Court of Queen's Bench. That court
wee pleased, after some days' deliberation, to refuse a rule,
It would now be his (Sir Finny Kelly'.) endeavour to
satisfy their lordships that the Bishop of Exeter wee clearly
entitled to the relief which he sought at their hands. If,
however, it were not so, the cue presented one or more
questions of sufficient doubt and difficulty, as well as of
greet and general importance to entitle the Bishop of Exeter
to the interposition which he sought from their lordships
—ea interposition by which he sought to he enabled
to pen the questions contained in this case on the record,
end submit them to the judgment of a court of error. He
(Me F. Kelly) should vesture to claim this interpceition on
the mead of the well known rule of law, and the uniform
weep if the courts of Weranieteter Hall, which was, that
whoa a rile was refused by one court, and there was a final
ISO( a the matter us far; a party might apply to another
avert tee a rule, and If it was granted it was competent for
either party to put on the record any question that might
MIL It would also be his duty to call the intentional the
mit to the judgment of the Court of Queen's Beach, of the
weight and authority of which he was fully aware. That
peigmest wee founded upon the construction of two acts
armament, and was at mimes with the language of en
leMedlia series of elm and terms authorities, some of those
aellideles being amongst the highest of the text writers
ems the law of Regime& It would be incumbent on him
le sail the attention of the court to the main and essential
=on which the judgment of the Court of Queen's
me handed. That judgment was based on certain
histories' bets, and on the construction put upon the two
ems of parliament, sad ha (Sir F. Kelly) submitted that the
figment wee Mee i mrsamets, and he hoped that he should
ss able to Mem thou lordships to grant a rule to show
same why the piehibitles should not issue, in order that the
maim aught he masidera as it deserved. The history of
el the awe we. Maly this In the year 1847, in the
menthe( Marsh, the Ugliest Brampford Spike, in the county
ed Dives, sad is the dim* of Exeter, became vacant by the
death of the Rev. J. Mellish, and on the tad of No-
vember, 1847, the crown, which wee seised in fee
if the obowson of Bramierd Spike, presented the living,
hy lean patent, to the Rev. George Cornelius Gorham.
Upea this the Bishop of Exeter, the Marsh of Brampford
Spoke Whig within kis dimes, proceeded to examine the
Rev. Mr. agleam upon cereals amen of doctrine, upon
Mich, happily, it was samessery now to trouble the court.
The malt was that open that examination takleg Mee, it
I apps eel le the Bie Rester that Mr. held
eieleMaileimat .witit the articles *draggy of the
dimelief Ragland. result was arrived *after a very
erTes" wir
Pheever7 hiciont:ormaw t to
leeches
d=ams,
MINRIIII7 impelled teems. The Bishop of Bauer felt it
IrmaZar4=.llls. Omani unfit to bold the living of
es the grated that he held doctrines
repemeat to ta salsa el the church of England, and he
remeed the lettere patent to her Majesty's Secretary
ef Inc.. Mr. Gresham then appealed against this decision
*Me Ave*. Court of Canterbury, and the case came on
be the amens of the year 1818. The ease wee heard before
Mr Medea amuse Fast, the official priseipal of the court,
and Met leagued judge pronounced judgment la favour of
the Bieber of Faster ; that the matter set forth by Mr.
Oseham we. maw to the data* of Zeeland, and, ac-
mallaily, Mr. Gorham's angel me diaMmed with costs.
la the course of the year IS6 Mr. Gahm appealed to her
Majesty *council, who, as was am* in each eases, reared
the matter to the lelical Cementite of the Privy Conseil.
The qesetien wee awed beim theeemmittee lor seminal da
and at last the gammas* made its report, which wee, tote
the Jaime* of Ilk Herbert leaser Feat vile se.
*mei, sad that the MUMS should . The mie
wee remitted to the Court of Arches,
to approve of the report of thelise Majesty being
Jedisial Committee.
Cit. ill! coarse a inesitice was imasill him the Omit
of Arches to the Bishop el Exeter direiting Ys, 111111111IM
her Majesty's preeenesdes of Mr. Gorham ell Me Yvieg of
Brampford elpeke IMMO smut, sal the of Cam.
terbury was ordered le aim, inelleste, sad admit Mr.
Gotham *Ms living, sad that judgment vu foliaged to
be anis& We effect ; Mena., Ma lbws desemilimes,
he applied he • writ d peekibities. L sapped of his
maga be Medd iseined, that in a matter of this kind,
Mem tbe !Mk WIN megened, the appeal lay not to the
Queue in Oseselk bat *Me Upper Rowe of Coemicatios
only, and, emegnestly, that the judgment of the Offfelal
Principal of the Areas Overt remained unaffected and nn.
impeached is law. Re _bunted that the judgment or order
if the Queen is Cennell wee sell and void, her
Mekety having no juisdiseisa over the matter, sedate Rea
Overt .1 Aram or the ailibilep of Canterbury wen to
eel is pan of that order, it would be an mess of
jaeivdliqu Parthensere,es there was a want caliguariosa
died* awn* Ga the free of the proisediege, • pr