Glasgow Courier. — 1848-01-29 (Glasgow, Strathclyde, Scotland)

DENMAN—It was no decided in "Regina ti. Parry " (6 A. E.). It was held, on a motion for a quo warrant°, that it was not a valid objection to a relator that he was not a burgess. His interest as ett inhabitant of the borough was sufficient. Mr. Hnd, continued—What had the opposers to urge against Dr. Hampden, if admitted to oppose the confirmation? It appeared by the affidavit that Dr. Hampden had published two books which contained it was alleged, unaound doctrine. But it did not appear from the authorities cited, that "unsoundness of 1 doctrine" was a canonical objection to the confirmation of a I Bishop's election. Unsoundness of doctrine would have besp heresy, a capital offence in those times; and he would as soon expect to find a Bishop accused of the crime of murder at confirmation as of unsoundness of doctrine. It must be borne in mind that the Bishop was not a party to the inquiry, and no instance could be found in which a mandamus had been granted to inquire into a criminal matter where the party supposed to be guilty was not a party to the inquiry. The coroner might hold an inquest, and put the matter into a traiu for trial, but here, if it be a judicial matter, there must be a sentence, or final decree. The charge of depraving the Book of Common Prayer had been made against Dr. Hampden, but that was an offence In any one, though the punishment was greater in the ease of a clergyman. The denial of the doctrines contained in the Thirty-nine Article, was also an ecclesiastical offence. Another charge against Dr. Hampden was, "that he had written a book, the avowed object of which was to show the supposed evil of dogmatism in theology." What was dogmatism? Dr. Johnson, a good churchman, said, a dogmatist was a magisterial teacher, a positive asserter, a bold advancer of principle; and then he gave an illustration from the writings of Dr.Watte, who said, "a dogmatist in religion is not a great way off from a bigot, and is in high danger of growing up into a bloody persecutor." Some of the opponents of Dr. Hampden might, be thought, consider the language of Dr. Watts with benefit to their own minds. Dogmatism In religion was nearly allied to dogmatism in politics, with which the censure of the University of Oxford probably had some connexion. The applicants said, that their oljections were reduced to articles, but they had brought nothing into court but that shadowy and dreamy statement of objections. The learned counsel then proceeded to argue that the writ of mandamus was not a writ of right, but the application was one which was made to the discretion of the Court; and that the Court would have to consider whether justice would not be better done by refusing than by granting the writ. That was the doctrine laid down by Mr. Justice Ashurst in the case of the Commissioners of Excise in the Term Reports (I); and had since beer acted upon by Lord Elleutiorough and by I Lord Tenterden r a presiding in this court. The learned counsel here e* ,1 cases upon this point. He submitted to ti• • good could be done by granting that writ. , a nor the confirmation could be got rid of, for by ',red to be good and effectual to all ie•-..e greatest mischief would result The stability of the Church of red if i hose questions of docChurch before a multitude of -- The times would soon _ _ fish up and trudged .1 those matters were confined evil; for questions of doctrine •ssiouate minds, and not upon 'I was entitled to a peerage.  _ people be rev away , to the should the o,  ~.. -...,::.?.'..'i7..:..''',...,. ~ -.!;.. ~,,.,  . 1,1  shams "thi A%.4 of, not by  nre of crime. .-flentral  tookplaee upon the in.- of the 1.. ...authority into this kingdom, and then came the %flowing passage But by the statute 96th of Henry