The Sun.
London, England, 1848-01-24 00:00:00

Vita Mttion

THE CASE OF THE REVEREND

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LLOYD'S SHIPPING--(THIS DAY.,
LONDON, JAW, 24,—Wind N.—Moderate bribes!, and
fine clear weather with frost.
RAMBOATR, JAR, 93,
wind d B.N.E.—Acrd. Robert
Kiddie, Kr," Sierra Leone.
DIAL, JAR. 23.—wind
E.N.R. ta B.S.T..—Arrd. from
the River and sailed Ann Beteg, Sydney, New Sontk
Wales ; lionauree, ditto ; Child* Harold, Bombs
St. Helena ; Elephantt, toJaneiro ;Coati
zephyr,
Hartig, Pernambuco ;l Naiad, .11. D. y
ditto
;
James Ray, Porto Rico ; JAannetigrrakinieznij
Camilla, ditto ; Nerud, ditto ; Lady Katharine Jamaica
14-;
ham, ditto ; Leander, Banan,.
on FOLLRETORAL--,jo
hnßright, Hamlin, Mauritius.
PORTIMOUTM, JAIL 23--Wiad N.L—Arrd. Regina,
Qirsen, Batavia. Sid. Paretrenea, Mimi', Maranhans.
Oil PLIMoUTH, JAN. 21.—Conrad, Mao Janeiro, for
Hautburgh. 23d. Mosiaa (Dutch skip), Batavia., for
Amsterdam.
PALMOLIVE, JAN. !S.—Wind S.&---And. !Ist, Ann
and Emily, Johnson, Sierra .. T
—ozi. sailed 27th Novem-
ber. 22d. Senator, Scales, Calcutta.
swANIEA, JAN. 99.--Wind E.N.E.—Acrd. Young
Queen, Cuba and St. Thomas.
CLYDE, .1 AN. 30.--SW. Mary Campbell, Trinidad ;
Jane Brown, ditto.
CORK. JAII. 19,--Wind N.--,Sid. Blue Nose, St.
John's.
.T.ix. 93.—Wind 11,—.431d. Her majears
IllymoUTZ,
ship Hydra, Madeira and Rio Janeiro,
OPT FALIWOUVE, JAN. 21.--Mlingo Park, Scott, St.
John's New Brunswick, for Aberdeen. Ind. Gerardine,
Jacobsen, Batevig, fo. notterdault Panama, Lawson,
Calcutta; Corduan, Clare,c.Valpercw. for
Havre.
JsuesT. JAN. 2o•--Sid. V•ratunbuoo, llst,
Father Matthew, ditto.
Cowza, JAL 12.—Wini 1LN•73.-Arr3. lumen,
Neuta, Rio Jamiro, for Antwerp,
...,.. .........
JAN. 22 AND 93 .—Wind S. and E. ano-
Scoutter, Calcutta; Italy, &her,
LivsnrooL,
derate--Arrd. Bidaton,
Boyd, ditto; Governor
New Orleans; Caledonia Brander,
Davis, Upton, ditto; Siddons, Cobb, New York.
Sid.
2d instant, with about 20,0001, of spe•cie on freight, 22,
Seraphinci, Taylor, Pernamtsueo. Sid.94th ult., Norval,
Douglas, ditto; MarlMarsden, Carter, St. Domingo;
Elias Snell, Savannah; John p
...Avenel, Wambervie,
Charleston. Panay,
CARDIN", JAIL 22•—The brig, of London, Las
capsized at the gateway of the Bate Dock.
jAx. 47 --The Speedwell,
HARITICIL, of Barnham,
London to the north, caught fire this morning, proceeded
eitk cocsWerable damage. The Elias., of Lynn, Ridley
Gunfleet Sand, 91st inst.;
to London, was lost on the
crew saved.
JAL in. —The Itailw, of and from Glasgow to
SCILLY,
Charente, struck on *ledge of rooks of St. Agnes, during
a gale from N.N.W•• "Lk inst., and foul:oared ; crew
saved.
Lismaica, JAW. le.— The Neptune, said to be a
Pttletian, was lost, it is supposed, on the Ink imit., 0,
the island of Tetlar, as portioas 0 the wraith and stern
board were washed on sbore that evening and the follow-
ing day; crew sappoited to have r irishrtl. A Tyres],
supposed to be Norwegian, has been wrecked off the
Sherries, part of bet *id° has bean found at Tetlar;
crew drowned.

DR. HAAIP DEN.

QUEEN'S BENCH—(THIS DAY).
:Sittings in Banco before the LORD CHIEF-JUSTICE
and Justicies PATTISON, COLERIDGR, and EARLS.)

TEE QUEEN V. TEE ARC/IEI6IIOP OF CANTERBURT.
It having become generally known that the argu-
ments with respect to the right of the opposers of the
Rev. Dr. Hampden, Bishop of Hereford, to oppose
his confirmation, would be taken to-day, the galleries
and body of the Court were crowded some time before
the Learned Judges took their seats on the bench.
A number of ladies were in one of the galleries. The
attendanee of barristers was more numerous than on
any occasion within our recollection—in fact, so many
attended that a vast number were obliged to occupy
the side avenues. Every available place was occu-
pied. The majority of those present, with the excep-
tion of the barristers, were clergymen, some of whom
were accommodated with seats beside the Masters.
The Right Rev. the Dean of Hereford occupied a seat
in the jury-box amongst the short-hand writers.
The counsel for the Crown are the Attorney and
Solicitor-General, Mr. M. D. Hill, Mr. Waddington
with whom were Dr. Bayford and Dr. Twiss ; in:
support of the rule Sir Fitzroy Kelly, Mr. Baddeley,
Mr. Peacock, Mr. A. J. Stevens, and Dr. Adams.
The Learned Judges took their seats a few minutes
after ten o'clock.
The ATTORNEY-GENERAL then rose and said he
had to show cause against a rule which had been
obtained by his Learned Friend, Sir Fitzroy Kelly,
calling upon Ms Grace the Archbishop of Canter-
bury, and the Vicar-General, to show cause why a
writ of mandamus should not issue to command and
direct them at a Court to Le duly holden for the
confirmation of the Rev. Dr. Renn Dickson Hampden
to permit and admit certain persons to be heard in
opposition to the said election and conirmation.
Before he proceeded to adduce arguments in opposition
to the issuing of such a writ he had to state
that his Learned Friend and himself had deemed it
desirable, with the permission of the Court, to have
the assistance of several of their Learned Friends from
Doctors' Commons, whom his Learned Friend and
he hoped the Court would hear.
Lord DENMAN—We shall be very happy to hear
one on each side.
The ATTORNEY-GENERAL went on to say that he
appeared to oppose the application under instruc-
tions from the Government, but, at the same time,
with the full consent and concurrence of his Grace
the Archbishop of Canterbury. So many objections
presented themselves to his mind against the granting
of the writ that he felt some difficulty in placing
theta before the Court ; perhaps the most
advisable course for him to adopt would be
to follow the course traversed by his Learned Friend.
and tracing the question, as he had done, from its
origin, afterwards dealing with the construction of
the Statute of Henry VIII., and offering, as he went
on, various objections, many of which he was con-
fident must occur to the mind of the Court. The
allidavit on which the application of his Learned Friend
was based, statedthat there being a vacancy in the See
of Hereford, a conge d'elire was issued, pointing out
Dr. Hampden, after the manner laid dowa in Gibson's
Codex, as a fit person, by his piety, wisdom, and
learning, to fill the vacant office, and commanding
the Dean and Chapter of Hereford to elect him under
various pains and penalties; that the election of
Dr. Hampden took place, and was duly certi-
fied to the Crown and to the Bishop elect
under the seal of the Dean and Chapter of the dio-
cese ; that her Majesty then issued letters patent, in
the terms prescribed by the statute, to the Arch-
bishop of Canterbury, commanding him to confirm
the said election, and to consecrate the person of the
Rev. Dr. Hampden ; it then stated that the Arch
bishop appointed his Vicar-General and several com-
missioners to carry out these injunctions, that they
were carried out, and that ultimately what was
termed the " definitive sentence of confirmation"
was agreed to, but complained that certain parties,
who had 'valid grounds of opposition to the confirma-
tion were not permitted to appear when all persons
having anything to urge against the proceedings were
cited publicly to do so, and if they did not appear
judged contumacious. It must not, he said, be lost
sight of that the objections did not oppose Dr. Hamp- 1
den in person= : their opposition was founded upon
two books published by Dr. Hampden, in which, they
contended the Rev. Gentleman avowed his purpose
to be to illustrate the increasing effects of dogmatism
in theology, and expressed himself in favour of the
abolition of canonical forms in the Book of Common
Prayer. Therefore it was not founded upon any-
thing in the election itself, but upon the books pub-
lished a long time ago, one of which they stated had
been condemned in Convocation at Oxford. Ilis
grounds of opposition were these :-Ist, That the elec-
tion and confirmation Here mere matters of form, and
that the Archbishop in the business of confirmation
simply acted ministerially; secondly, assuming that
the Archbishop was not merely fulfilling a ministerial
office, as he contended he was by reason of the
statute, and that his office was a judicial one, he con-
tended that the remedy in a matter of this sort, it
there had been any mistake, was by an appeal, and
sot by a writ of mandamus, for the Archbishop had
not exceeded the scope of his duty. In fact, in this
case there was the substitution of a mandamus for
an appeal, and an appeal to that court did not lie.
Thirdly, if it was a quasi judicial inquiry, he con-
tended that this Court had no means. of inves-
tigating this peculiar charge, and that if the
matter was one for inquiry, that it should
have been instituted in conformity with the
provisions of the Church Discipline Act, which pre-
scribed the form of proceeding. The Court of the
Archbishop, if a quasi judicial tribunal had, no more
right to try this case than it had to try a mere tem-
poral offence; and, fourthly, that this was not a case
in which a mandamus would lie. This first objection
depended upon the construction to be put upon the
Act of Henry the Eighth, which dealt with ca-
nonical elections. This also raised the question
which were the books of the statute and common law
on which they could depend. The Learned Counsel
then referred at length to the mode of electing
a bishop, as detailed in " Avliffe's Parrergom," whilst
the Pope exercised jurisdiction in the realm. The
archbishop, it appeared, censecrated those whom the
king appointed with the consent of the Pope. A
ooutroversy having sows time before arisen between
the King and the Pope, which terminated in the
Pope being permitted to nominate, the King retain-
ing the right to recommend persons, and to be present
at the elections. The Learned Counsel then referred
to the Ist institute, c. ii. p. 133, 8., under the
head " Episcopas," which recited the same facts
and adverted to the granting of a charter by the
King to the effect we have stated. Lastly, by the
. law before the passing of the Act of Henry VIII. he
contended that there was a studious desire to prevent
all inquiry after the nomination. He then quoted a
passage from " Launcelot's Institutes," which was
not referred to by his Learned Friend, who, in a long
treatise on " qualifications" (title 7), stated that the
parties appointed were to examine into the qualifi-
cations of the person to be elected ; but then they
would have to inquire what was the proper construc-
tion to be put upon the words "personate deal."
The old canonical law referred to this, and
stated that persons who wished to oppose the
confirmation of a bishop might appear to do so.
He gathered from this book, that after confirmation
there was no opportunity of investigating the cha-
racter or pretensions of the person so
confirmed,
though objections might be made; and Ferraris, in
his " Bibliotheca Canonici," stated, that unless all
things set down were done—if no public citation of
opponents took place—that the whole of the proceed-
ings were void. Linwood spoke in the same way ;
but he would not fatigue the Court with an accumu-
lation of repetitions. The only case is point that he
eosld find before the passing of the statute of henry
the Eighth, was the case of Cranmer. It was re-
ported in Burnet's "History of the Reformation, v01.i.,
p. 259. It appeared, that just before the passing of the
,
Act, the King sent to the Pope for bulls for Cranmers
promotion, though a statute had been passed forbid-
ding the reception of bulls from Roine (they were
the last received during the King's reign). These
bulls were sent one to the King, one to the Arch-
bishop desiring him to invest the Bishop elect with
the dignity, and the third to the Bishop himself. It
was unlikely, therefore, at that time that any oppo-
sition would have been allowed. There was another
i
case, that of O'Brien v. Nevan, reported n Palmer.
In the reign of Edward VI., and subsequently in the
reign of Philip and Mary, the question arose whether
anlrtioshtßheishcotrntwiuhto.nt haddubreienng
the appointed,
distllrblu,atn vic'ehso hilai c
fled tat
prevailed, was good, a successor having been ap-
pointed, the first not having been elected by a conge
drelirs. The Court decided that a Bishop could be
elected without the issuing of such letters. He
now came to the statute of Henry the Eighth, which
he contended at once put an end to this opposition. It
stated that a vacancy having been declared, the
Crown should issue a cone d'dsrt, accompanied by a
litter missive naming some person, and stating that
the election should take place within twelve days, and
that afterwards letters patent should be issued to the
Archbishop commanding him to confirm the said
election. He contended therefore that the whole
proceedings were a mere matter of form, merely kept
up for the purpose of showing the connexion of the
Reformed Church with the ancient forms that
prevailed. There could be no contradiction,
because the Crown said this person should be elected