The Express.
London, England, 1861-11-02 00:00:00

FIR -I DAY OF MICHAELMAS TERM.

Westminster Ilall presented to-day the scene of
bustle arid excitement which tumidly umber% in the
Lint day of term, tibeemlly after the less
maitioo. The Dobbs buil.hug ivies crowded with a
I WIC* amirml.l.ge .4 perokeus- barrister., soliciton.
,a.he4,iind other gpee'atoro, noxious t witness the arrival
of the different equity and cowmen law judger.

ARC RES COURT.
r•wu r. HILITIL-ULAILTICAL DOMUIRS Tilt

CMIJILIL
JUMMENT.

This monde; Dr. Lenhisgtos prenceseed an elaborate
:11.1;plient in the above suit instituted by the Bishop of
Wincheder against a clergyreas in his diocese,
the charge being that of having printed and pub-
11.b 1 sermoes containing doctrines repugnant to
the Articles of Iteligioo, in violation of the statute of Elisa-
beth, and in derogation of the Book of Common Prefer.
At the outset the learned judge stated that,
in forming his opinion, he had felt it his
duty to abstain from examining the writings of learned
divines, conceiving that the province of the court was to
examine the doctrines impeached and see whether or sot
they violated the plain intent and meaning of the Prayer-
book mad the Articles. After stating that he had been
guided by the principles laid down by the Judicial
Committee of the Privy Council is the Gorham case,
the isue in that cane and the present one being sub-
stantilly the same, he gave • history of the snit
from the conineacement down to the present lime.
In accordance with the principles laid down in the case
which he bad mentioned, he had, he said, first endeavoured
to ascertain the plain grammatical game of the article* of
religios alleged to have been coetraveeed ; and if • doctrine
wee in question which had been held without oleo's by
eminent divines of the church, although it might be difficult
to reconcile it with the artic!ee, still a judge is hie position
ought not to impute blame to those who held it. That
which heel been allowed or tolerated in the church ought
Dot to be questioueil by that court. As regarded the
word "advisedly," which was used in the statute of Elisa-
beth, and in that statute aluue, • difficulty had arise with
respect to the meaning; but it was his opintno that
in this ease, as in all the transactions of life,
a MAO must be judged by the evident mese-
queocei of hi acts. The siath article in the amps
was the first that permeated itself for soridsra-
Moo. It sat forth certain pumices from Mr. Heath's
sermons, and concluded by alleging that they
cootaised doctrines contrary sad repugnant to the
11th article of the church. The learned judge then cited
the 11th article, entitled "The Justithrition of Man ;" and
weal on to say that be held with Bishop Burnet that by
justification was meant first, the being received into the
favour of God ; esooodly, that the merit of our Saviour U
thereat muss of that recoptim ; thirdly, that the winos
mete be received must have faith in the redemption of man-
kind through Jesus Christ. The essence of the article
was. be added, the merits of our Rodeimer, faith to the
Wrier! to be jestilleaL Mr. Heath dinned that Jeri&
111•111 S lamas " the doing strict Justice to all, both
used tad had that " justetcatine by hide
Mae foatifieation by the faith of our Saviour In kis ewe
Oespol, re MI ilavioar's trust is the future. He (the
Imesed judgvl was of sprite that the words of Mr. Heath
did asimetais the legal mil cornet asplaseition of the weed
fewilliestre. He thseght titer wee • mimes of words, and
Or an eireare wiserag had been attached to the term
" " es einglaged is the Hill article of religion.
Seery chogyarm of the eisbaidied eharuk wee board is
bear le mind the artier el religion la eery arras whisk
he ponied red polidired. The gemage to which he had
sellasmod woo met an twisted one of the Med. Is ..other,
Kr. Rork said. "The mbar of reisty, mos, wooers, sad
ehildree, good ore, but may and middling sort
of case, her bra placed exactly alike by the
emelt of ens era, ere AIM Christ; thia is iambi&
Miss, or the doing of strict jostles to all." The 11th ar-
ticle expend In terms that juntialcatioe @prime
from the merit of our &MOW, sod in so re-
spect wielever espremehol it to DIY " the doing strict
'astir teal though It might be, and he believed it to be,
true that to the asiree of redeeipties matey and juries
mom se semobleed that so violation of justice could rho
plan. He mould est regard what Mr. Heath taught
as • harmless lenovatioa. It was the averment of a
doctrine totally different and distinct from that taught
I. the 11th article, and on this point, there-
fore, he considered the charges proved. The learned Jedp
then cited the 7th article of the church Mather to rs.
pitiAtiort fur sin. Ile said that if he understood the weanksi
of it article it warn that God w propitiated by the
sufferings and death of the Saviour, though how the room
ciliation was effected was one of the mysteries which it
had pleased Providence sot to reveal to ma. He the.
cited passages from the defendant's someme which, he said,
were entirely opposed to the doctrine stated is
the article. In speaking of thin other charges
ha cited the following words of Mr. Heath : " For myseU
feel badge to the armed at the smormity of the
talk of permsdieg all Engird to reject totally
the forgivers of sir as having anything to do
with the gospel sad aim the following ;—"Gail{ of Na,
pats sal pe.alty, gang to heaves, gout( to boll, immor-
tality of the sod, satisfaction, imputed righteousness. rpm-
priming the work of Christ, nacerary to marries, all then
has marked from my system." It was (sontleiged tho
leveed judge) with great regret that be declared
that he had so other altemetivo thee to misnomer Midi-
mint condemning Me Heath as guilty of the AMMO pre-
ferred against him. Whatever opinions might have beenlisid
ie the vast field of polemical divinity, he found nose whisk
could support Mr. Heath. It might be that some would
think that his judgment recognised ton severe restrictions OS
the clergy, and shut the floor against inquiryaoil disquisition'
which might tend to elucidate the truth. Ryes If this
ere so, It was nut for a mart of justice to open
a door which the legislators had shut. It wee
contrary to all mound prieriples for a court to
Jerk, as had been done formerly, by some ingenious subter.
fusee to evade and weaken the law, and that upon •
notion of the coart's power to discover what was best
and most convenient. If there were bends which pressed
heavily on the clergy, as to which he expressed no opinion,
the legislature imposed theca, and the legislature alone
could remove them.
After delivering judgment, Dr. Loshiegtoo observed
that, nailer the statute, retractatios was open to
Mr. Heath. In rompliaece with • suggestion from
the defeadast's commit, time was allowed to enable him to
consider what course he would pursue.

COURT OF BANKRUPTCY.
Wore Mr. Higgins, Railsinir.)

IX SR sowtray. TAITOI. AND CO.

This was the tint sitting alder the bankruptcy of James
Sowerby and Charles Thomas Tallow, drapery and silk-mer-
cer.. of Retest's-L.4nm, Ortfordatreet. A slalomed of the
liabilities and meets of the Arm has &heady appeared; the
former are about 42,0001.—tbe latter, ElsetrOf.
Debts to the amount of nearly 40,000 f. were sow proved,
sod Use following crediton were cheese trade amigo= :
Mr. J..be I M 1... wAreboasemile, of Fereetreet ; Mr. J. F.
Painsiii, warehouseman, of St. Paul's Cherehyard ; aed
Mr. Charles Candy. warelionsenesa. of Wollioll4MooL
Mr. Ashuist is the ...licitor for the aseignem Mr. C. X
Lena appeared for the bankrupt Sowerby, sad Mr. Link-
later for Tattoo.
Mr. Edwards, the *facial sedges*. slated that he bed
sothiez I'. report as to the roeitice of the estate beyond
what war already kaolin to the creditors. He should he
prepared to isif over to Mr. Dillon, who be issileretned
we. to I.e the acting meignoe, all the ppm and other
reatun which were in his hsads.
Mr. Aehuret said it was the opinion of the creditors that
a memaer should be appointed to assist in Teething the
/Mate. The bankrupts bad carried on business M three
pieces, Werke, Hull. aed Scarborough ; sad the endgame
would require prole...kind assietense in realign( the pro-
perty, each ea was directed by the 122nd motion of the sew
act. It wan proweed that Mr. N. Honey, so outlast, of
Ireeranager-Lae. should be appointed Warp* ei the

TWA; appoielminit waa cooßneed lay the croditoes rr••t.
Mr. Lewis applied for so allowooto to Ike boolingoo
Nader t►e 100th omits, winch sr Nom lotts orodboto to
&commie.

31r alanrat said that the lamed craditer (bto debt algae
brim! v. 10,1 waa d *sae !bat so allowance wbatesst
'bawd la made. Ho See 4Se al tie sealsessa, but was su
bavioi kit the wen elder the torprowio•
Vat tb. bossiness was oast.
O•aa inquiry appeavd a* cao creditor wu this
use'