The Sun.
London, England, 1848-01-26 00:00:00

or the Archbishop to confirm, they would become
liable to the penalty of prremunire, and the
Crown would at once proceed to the appointment
without confirmation. It might be asked why was
it that in the one case confirmation should be re-
quired, and in the other dispensed with? lie thought
the reason was an obvious one—the election by the
Dean and Chapter would be one by inferior persons
in the Church, and, as the natural conse-
quence, required confirmation ; but the appointment
by the Crown was one made by the head of the
Church, and needed no confirmation. Hitherto a
veto had been left with the Crown in cases of
elections, but should the present proceeding
succeed, the power of veto would be trans-
ferred to an inferior power, and the preroga-
tive of the Crown would be subjected to be placed
under the veto of such power, which would be
monstrous and unheard. of inconsistency, one which
he could not possibly think his Learned
Friend would induce the Court to sanction.
The Learned Counsel then proceeded to cite a num-
ber of cases in which prohibitions and mandamus had
been issued to the spiritual courts, with a view of
showing that such a course had only been
adopted where the matter in question was of a
temporal, and not a spiritual nature, such as
probates of wills. In the case of "Lucy Is. Bishop
of St. David's," which was an application for a pro.
hibition directed to the ecclesiastical courts, Lord
Chief Justice Holt said, " that it was without prece-
dent to grant prohibition to an ecclesiastical court for
any act committed by them in opposition to
the canon law ;" and in the case of an appli-
cation for a mandamus made by the same parties,
Lord Holt, in delivering judgment said, " the court
cannot grant mandamus to compel them to aot
according to their canon law." Upon the authority
of all those cases, he contended that the Court had no
jurisdiction in the matter, and could not issue their
mandamus calling upon the Archbishop to hear the
opposers.
Dr. ADDAMS, in the absence of Sir Fitzroy Kelly,
then proceeded to address the Court in support of the
rule. In reply to the arguments which had been
brought before the Court by his Learned Friends on
the other side, he would call the attention to the mode of
electing bishops prior to the canon law, and during its
continuance down to the present time. He did not
think that by the present proceeding they were at all
calling in question the prerogative of the Crown anz
more than if the Crown, possessing the right of pre-
sentation to a living, should appoint a person to
such living, and that the bishop of the diocese
should prior to his consecration entertain an inquiry
into the fitness of such person. Long anterior to the
passing of the canon law, it was the custom of
hearing parties previous to the confirmation of the
bishop elect. In support of his opinion the
Learned Doctor referred to various extracts
from the works of Lancelotus. The extracts
selected did not, however, appear in any of
the editions of that work quoted from by
the other side, it appearing that they were of consi-
derably later date. The election of Cardinal role
was by conge d'elire, and he was confirmed in
the usual manner at Bow Church. From the reignsof
Elizabeth there were numerous documents upon record
showing what was the actual state of the
canon law in that period. The election of
Archbishop Parker, which had been referred to as
the Nag's Head consecration, had been narrated at
various lengths by Burnet and Strype, but with greater
accuracy by Burhall, a reprint rom the original
document having been recently published, to which
he would call the attention of the Court. In that
case it appeared that two witnesses were heard upon
oath in support of the articles exhibited by the opposers,
and it was worthy of observation, as meeting one of
the arguments brought forward by the other site,
that the confirmation of Archbishop Parker did not
take place within the twenty days mentioned in the
statute of Henry VIII.
Mr. Justice ERLE—Was the date of that confir-
mation subsequent to the passing of the 2eth Henry
\TIM
The ATTORNEY- GENERAL said that the date of the
conge d'elire, according to Strype, was the 18th July,
Ist of Elizabeth, the election took place on the
Ist of August, and on the 7th of December
the confirmation was fixed to be holden on
the 9th of :December, and upon that day the
confirmation took place. The consecration, according
to the Archbishop's own letter, took place on the 17th
of December, several months after the date of the
conge d'elire, but in that case no letters missive were
sent to the Dean and Chapter.
Dr. ADDAMS, quoting from Burnet's History,
stated that a letter missive had been sent. It ap•
peered also that there were several other discrepancies
in the account of the transaction between the two
historians, Strype and Burnet. The Learned
Doctor then proceeded to argue that the
Dean and Chapter were not bound to elect
the person named in the letters missive,
under the penalty of prasmunire, the only penalty
attaching to the act of the Dean and Chapter in tie
election of any other person being that of the
appointment by the Crown, by letters patent,
of such person as they might name. If
the Dean and Chapter had elected sonic
other person instead of Dr. Hampden to the see of
Hereford, could it be maintained that they would be
liable to prternunire ? Would not the person so electect
have been Bishop to ali intents end purposes ? The
Learned Doctor then proceeded to read at consider-
able length several authorities, for the purpose of
showing that the authority of the Sovereign in the
election of bishop or archhi,hop was not so extensive
as was contended for by the counsel against making the
rule absolute. The Learned Counsel had not con-
cluded the citing of these authorities when the Court
rose, at half. past four o'clock, and the further argu.
mnents were ordered to be resumed to-morrow morn_
ing at ten o'clock.

MORTALITY in the MiTROPOLIS.

NUMBER OF DEATHS FROM ALL CAUSES REGISTERED
THE WEEK ENDING SATURDAY, JAN. 22, IVO.
Epidemic, Endemic, and Contagious Diseases ••• 379
Diseases of Uncertain Seat ••• 3G
Turbercular Diseases... ..• ... 195
Diseases of the Brain, Nerves, and Senses... ••• 138
Diseases of the Heart and Blood-vessels
Diseases of the Lungs, and other Organs of
Respiration ...
••• ,-;443
Diseases of the Stomach, Liver, and other Organs
of Digestion... ...
Diseases of the Kidne)s, &e.
Childbirth, Diseases of the Uterus, &c.
Diseases of the Joints, Bones, and Muscles
Diseases of the Skin, &e.
Violence, Privation, Cold, or Intemperance
Sudden ...
Malformations... ...
Premature Birth ...
Atrophy ••• •••
Old Age ••• •••
Causes not specified

DEATUS FROM ALL CAUSES

Fonulation
Enumerated,

1841.
West Districts... 300,711
North Districts.. 375,971
Central Districts 373,653
East Districts ... 392,444
South Districts .. 501,190

Totals... ..... 1,948,425
Males ... •.•
Females ... ...

••., 67
... 21)

... 25

... 27
... 3t
... 78

Males
Female•

1,401.

Average weekly Deaths
Deaths, 1843-7. in tho
Five Winters. Week.
. 161 ... 169
. 209 ... 252
. 203 ... 274
• 235 ... &20
• 299 ... 386

„, 1,107

BIRTIIS IN THE WEEK.

... 1,401
... 703
... 698

... 659
... 644

Total ...

... 1,303

NUMEROUS DESTRUCTIVE FIRES IN ONB NIGHT.
—During the night of Monday the metropolis wa4
visited by the outbreak of four serious fires. One broke
out upon the extensive premises belonging to Messrs.
Beech and Berrell, lacemen and haberdashers, carrying
on business at No. 64, Edgware-road. It was caused
from some light articles hanging in the front window
blowing against the gas, which set the whole in flames.
Owing to the timely aid afforded the flames were
speedily extinguished, but not before the stock of laces
and fancy ribbons in the shop windows was severely
damaged and the splendid plate• glass windows de-
molished. The loss, it is believed, will exceed 2001.
The second fire happened in Grove-news, Great James•
street, Lissou•grove, in the tenure of Mr. E. Oliver,
writer and grainer. It began in the buildiegs imme-
diately over the stables, and was occasicned from the
heat of a stove. The premises were severely damaged
by fire, and a valuable horse is the stable below nearly
burnt to death. A third fire broke out upon the premi.
aaccompanied which
body set
of the
flt f Ilmo oe
wri
lamentable loss of ale, broke out in the premises belong.
sea belonging to Mr. T. E. Mann, eating-house keeper,
No. 7, Bucklersbury, Cheapside. It was caused from the
over heating of the
setekaimtche
boiler,
iin
nearly a
fings
ourth
hj ofii srtei
,ngasnd whinth
ich was
ing to Mr. T. Simpson, china and glass merchant, car•
rying on business at Nus. 2 and 3, queen's head row,
Newington. The discovery was made by Mr. Simpson
about two hours after he and his family retired to rest.
He ,immediately aroused the inmates, and, upon his
going below and opening the drawing-room door, he was
nearly knocked down by a volume ofinlopke issuing
forth. The inmates were saved, but not unto they were
nearly suffocated. The outbreak arose from 5,,, defect ip
the drawing-room stove.
MONET•MARLET.—The premium on gold at Paris
is 13 per mille, which, at the English Mint price of
31. 17s. 100. per ounce for standard gold, gives an ex-
change of 25.47 ; and the exchange at Paris on London
at short being 25.65, it follows that gold is 1.70 per
cent. dearer in London than in Paris. By advioes frea3
Hamburgh the price of gold is 434{ per mark, which, at
the English Mint price of 31. 17s. 14d. per ounce fee
standard gold, gives an exchange, of 13.11rf ; and the
exchange at llemburgh on London at short being
13.121, it follows that gold is 1.25 per vent. dearer a
London this 4011120w-0s