The Sun.
London, England, 1848-01-14 00:00:00

SUPPLY AT MARKET.
14easts. I
Sheep. I Calves.
94'J 2,860 128
NEWGATE AND LEADENELAZ la.

Pigs
310

All kinds of meat were in good supply, and heavy de-
mand, at barely stationary prices.

At per stone by the Carcase.
s. d. to s. d. I I. J. to s. I.
Iteei.inferior.....• 0 4 3 6; Mutton, inferior •• 3 4 3 6
middling .. •- 3 8 310 middling.. 3 II 4 0
prime large .. 4 0 4 2 prime •• 4 E 4 6
prime small .• 4 2 4 4 Pork, large.. •.• . 3 6 4 6
‘-eal •••••••• • • • • • • 4 4 5 6' small ——•. . . 4 6 S 2

Lamb. Os Od to Os Od.
BOROUGH HOP MARKET.

The supply of really fine colony Hops, on show this
morning, was comparatively small, and a fair businei
was transacted in them, at full prices. With all other
qualities we were well supplied, and which met a slow
sale at last week's quotations•—New Hops, Susses
pockets, 21 15s to 3155; Weald of Kent ditto, 31 to 31101;
Mid and East Kent ditto, 31 6s to 51 14s per cwt.

CHANCERY.—(THIS DAY.)
His Lordship did not sit today till eleven o'clock,
and %%as occupied with motions of no interest.
(Before the VICE-CHANCELLOR Of ENGLAND )

WHITTINGTON V. WHITTINGTON.

This was a bill filed by the plaintiff for the appoint•
went of a new trustee: in place of one of the present
trustees, who was going to China.
His HONOUR said, he did not think being about to
leave the country was cause sufficient to release A
trustee from his duties.
The matter was referred to the Master.

QUEEN'S BENCH.—(THIS DAY.)
(Sittings in Banco, before the LORD Carty JusTic*

and Justices PATTESON, COLERIDGE, and ERLE.)
TIIE CONFIRMATION OF DR. HAMPDEN.

TLIE REV. MR. HUNTLEY AND OTHERS V. ARCHBISHOT

OF YORK.

On the Learned Judges taking their seats on the
bench this morning,
Sir FITZROY KELLY rose to move the Court for 0
writ of mandamus calling upon. the Archbishop of
York to show cause why he should not direct the
Court, recently apppointed by him to confirm the Rev,
Dr. Hampden, to hear the parties who, on a public
citation being made at the recent confirmation of
the Rev. Dr. Dickson Renn Hampden, at Bow
Church, calling upon all parties who had any objet'
tion to urge against the said confirmation to
appear and state their objections, did appear in con-
formity with that citation, but were refused to be
heard. He said he moved on behalf of the Rev. John
Huntley and two other clergymen, who believing the
teaching of the Rev. Dr. Hampden to be unorthodox,
appeared on that occasion to oppose his confirmation,
but were refused a hearing, and adjudged " contu-
macious," though all persons having any objections to
urge were twice publicly cited to appear. It would
be necessary for him to refer shortly to the facts. A
conge d'elire was issued by her Majesty, directed
to the Dean and Chapter of Hereford, calling upon
them on pain of praernunire, to elect Dr. Hemp-
den Lord Bishop of the diocese, and he was
accordingly elected to the vacant see, and on the Bth
of the present month letters patent were issued calling
upon the Archbishop of York to proceed to the con•
firmation of the Bishop elect, and on the Ilth of the
same month the Archbishop's vicar-general and cons"
missioners appointed by the Archbishop, appeared in
Bow Church to fulfil their duties, and to induct the
Bishop elect into his office. The affidavits on which
he moved stated that all persons who had any ground
to urge against the confirmation were cited to appear:
that the vicar-general and the commissioners, Dr,
Burnaby, Dr. Lushington, and the others, having
consulted in a room adjoining the hall at Doc.
tors' Commons, proceeded to the said church,
and that after some preliminary proceedings the cite'
tion, to which he had already referred, was read. It
was proclaimed by the apparitor general, he having
been called upon to do so by the vicar• general ; and
he prayed the attention of their Lordships to the
words used, which appeared to he the same as those
adopted uniformly, he might say, without a single
exception, for many centuries—certainly, however,
since the revival of the Act of Henry VIII. in the
reign of Elizabeth. The parties objecting to the
confirmation replied to the citation by their proctor,
Mr. Townsend ; but the court, thus constituted, re'
fused to hear any argument at all except upon the
preliminary question—whether they were entitled to
appear and be heard at all. The court
heard the arguments on this point ; and
without hearing the arguments on the other
aide, it determined that by the recent Act of Perlis'
ment the court had no discretion nor power to heel'
any parties either by or in the shape of mere allege'
tions, or by arguments in support of them. Such
was the opinion of two out of three of the commis'
sioners, the third having some doubt of the legality of
rejecting all opposition, and thereby denying all
parties objecting a hearing, and the confirmation of
the Bishop was proceeded with. He had to But-alit
to their Lordships upon the autharities on the matter
to whom he would refer, that under the statute of
Henry VIII. the plaintiff—he would not say notvviths
standing that statute—hut under it, and in accordance
with the canon and common law of the realm, that
the ceremony of confirming a Bishop was a regular
judicial proceeding; and that it is a necessary
and essential part of that proceeding that the
Archbishop or his vicangeneral should St
once proceed to examine and inquire into, among
other things, the fitness and qualification of the
Bishop elect, and must enter into any evidence
or objection which might be offered and made by any
person present who came forward to do so in accord-
ance with the proclamation and citation ; they must
hear them, he apprehended, if they made their objec-
tions in due form of law. And if they refused to
enter upon that inquiry, the parties claiming it having
the right and privilege of being heard, as was evident
from the citation, and consequently denied them jus-
tice, he contended that their proceedings were incom-
plete, and, therefore, null and void. The Learned
Counsel then referred to Burns's Ecclesiastical Law
(article Confirmation), and having read the clauses,
said the writer held that all things at a confirmation
must be done according to the canon law, and laid
great stress upon the citation of opponents. He also
referred to " Gibson's Collex," who, he held,
thought the citation an important part of the pro-
ceeding ; and yet it was contended that the pi°.
ceeding was useless ; though it had been in cons
stant use for 300 or 400 years, it was deemed
mere useless form, which could not be complied
with. When the citation was uttered the court was
prayed to call all persons who had been called upon
to come forward and " they should be heard." When
the proclamation was read was the proper time for
parties having good arid sufficient grounds of oppo-
sition to come forward and raise them ; and they did
so in this case, but were at once told that they could
not do so. Nine articles had to be complied with---
citation, and the making up of a certificate that the
Bishop so confirmed was sufficiently qualified, by his
age, knowledge, learning, orderly life, sobriety,
piety, and fidelity to the King, being amongst them.
There is, further, a declaration that the Bishop elect
had given proofs of these things; and was it to be said
that those who had a deep interest in the matter must
Lot bring counter proofs if they were in a condition
to do so, though expressly, and in unambiguous terms
cited to appear. Burns said, that the proclamation
was to be made a second time at the door of the church,
so that they had the fact, that after the petition of the
bishop had been put in, and after the proofs of his
fitness for the office with which he was being con-
firmed had been adduced, a second proclamation was
to be made, calling upon all opponents to come for-
ward, and that " they should be heard." He believed
this case was the only one of the kind, with the
exception of one, which had occurred; but as
the opposition was not made in the form
prescribed by law, the opposition failed. The
confirmation of Montague, who was appointed to
the see of Wells in the translation of Laud to Lon-
don, was opposed by a bookseller named Jones, who
charged him with popery, but for the reason he had
stated his objections fell to the ground; the objec-
tions were not given in writing, and were not signed
by an advocate and presented by a proctor. Parlia-
ment took cognizance of the matter, and an inquiry
was instituted, and Dr. Rivers, an eminent divine,
celebrated for his learning, before whom the case
came, admitted that the opposition was good and
valid if it had been legally offered, and Parliament
being satisfied, abided by that opinion. It had been
said that these precedents were to be found in
troubled times ; but this was a mistake, as
the decision in the last case was come to
in 1628, when there was nothing in the nature of the
times calculated to overcome the judges in the strict
discharge of their duties. The last proceedings in
the business of confirmation was what was called the
" definitive sentence," and then the bishop was decreed