15 JANUARY 1848, Page 2

She IfIttropolis.

The confirmation of Reverend James Prince Lee, M.A., as Bishop of Manchester, took place on Saturday, at St. James's Church in Piccadilly. The fact was mentioned in our second edition; but we now supply a more complete account of the ceremony. It began in the Vestry-room, about eleven o'clock. The Commissioners for the Archbishop of York were his Vicar-General, Dr. Sherrard Beannicuit,- and Sir John Dodson, Master of the Faculties. The Proctor for the Dean and Chapter of Manchester presented to. Mr. Lee a certificate of his election, and prayed his consent. Mr. Lee signed the schedule of consent. The Commissioners, the Bishop, and the various official person; proceeded to the body of the church, and took their seats in the pews immediately under the reading-desk.

The church was crowded; Mr. Thomas Gutteridge, the surgeon of Bir- mingham, being an object of much curious notice. The Parish-officers also attended; and knots of Police were stationed in the building.

Divine service was performed; the letters patent were produced and read; the Bishop-Elect was conducted to the table and placed opposite to the Vicar-General, and was presented by the Proctor; who prayed that opposers might be publicly called. The Vicar-General said—" Let the opposers be publicly called"; and the Apparitor-General made proclama- tion as follows-

Oyez ! oyez ! all ye who shall or may or will object to the consecration of the Reverend James Prince Lee as Lord' Bishop of the episcopal see of Manchester, now come forward and state your objections; and you shall be heard." Mr. Gutteridge advanced to the table, and read a protest objecting:to the confirmation. - - "on the ground that it is unlawful to-proceed to such confirmation elsewhere than in the province of York; and also on the ground that due and sufficient notice and publicity have not been given of such intended confirmation." The Master of the Faculties—" We cannot entertain your protest" Mr. Gutteridge--" I object also to the confirmation of Mr. Lee, on the ground of his immoral conduct"

Mr. Gutteridge here laid on the table articles alleging four occ asions on which the Reverend James Prince Lee had appeared in a state of intoxica- tion, with a more sweeping accusation of the same kind- " Sixth. Also we article and object to you, the said James Prince Lee, that you have been in the frequent habit of drinking large quantities of wine when at your own house; that you have been frequently known to drink two or three bottles on one and the same occasion. That on such occasions you have been known to become quite tipsy; and, by means of wrapping. wet towels round your head and washing your head with cold water,and by causing sickness, and by the use of sal volatile and other restoratives, to again acquire a state of comparative soberness in an unusually short time. And that the same is well known to (among others) and has frequently happened to you in the presence of

Abbot, an under Master of the said King Edward's School. And this was and is true, public, and notorious; and we article and object to you as before." The Master of the Faculties, without reading the articles, read a previously prepared decision, as follows-

" We feel it to be our duty not to permit you to appear and oppose the con- firmation of the Lord elected Bishop of Manchester. We sit here as Com missioners of his Grace the Lord Archbishop of York, for the express purpose of confirming the election made by the Dean and Chapter of Manchester; and we consider that we are bound by law to proceed to the confirmation, without com- mitting or suffering any let or hinderance thereto. The statute 25th of Henry c. 20, is imperative upon this matter; it leaves no choice. By the fifth section of that statute, the Archbishop, upon the election being signified to him in letters-patent from the Crown, is required and commanded to confirm the election, and to invest and consecrate the person elected. By the 7th section of the same statute it is enacted, that if the Archbishop, after such election should be signified to him by letters-patent from the Crown, shall refuse and do not con- firm, invest, and consecrate, every person so elected and dignified, within twenty days next after such signification—or if the Archbishop or any other person admit, maintain, allow, obey, do, or execute any censures, excommunications, interdictions, or any other process or act, of what nature, name, or kindisoever it be, to the curacy or let of doe execution of dila act—then that the -Archbishop, and all other persons so offending and doing contrary to this act, or any part thereof, and their eiders, connsellers, and abettors, shall ran into the dangers, pains, and penalties of the statutes of provision and prremunire, made in the 25th of Edward III., and in the 16th of Richard II. We are not disposed to run into those dan- gers, pains, and penalties; and we are resolved neither ourselves to do, or to allow, so far as we can prevent it, any act to be done by another, which may be to the let or hinderance of the confirmation of the Lord elected Bishop of Manchester, or which may In any way contravene the provisions of the statute; and especially as you have not put your objection in due form of law."

Mr. Gutteridge handed in a second document, setting forth the same charges in more legally precise language. That also the Master of the Faculties declined to receive • and it was laid on the table.

The confirmation proceeded. The Bishop-Elect took the oaths of alle- giance, simony, and supremacy; and the act of confirmation was recorded.

Dr. Rena Dickson Hampden, Bishop-Elect of Hereford, was confirmed on Tuesday, in Bow Church, Cheapside, by the Commissioners of the Archbishop of Canterbury, with similar formalities, and also not with- out the tender of opposition. The church was densely crowded; persons having gone at a very early hour to secure their places. Police were stationed in the building, as if in expectation of a disturbance. The audience in the immediate neighbourhood of the table maintained a compa- ratively quiet demeanour; but in the remoter parts impatience and restless curiosity were manifested, even during divine service. Here the Commissioners were, Dr. Burnaby, the Vicar-General, Dr. Lushington, and Sir John Dodson. Among those in attendance were the Dean of Hereford and Mr. Alderman Salomons ; the latter sitting in the Corporation-pew. Mr. Underwood, Chapter Clerk of Hereford Cathedral, presented the documents attesting the election, and praying confirmation. Proclamation, summoning opposer; was made in the usual way; and Mr. Townsend, a Proctor, appeared to oppose the confirmation, on the part of the Reverend Richard Webster Huntley, Vicar of Alderbury in the diocese of Hereford, the Reverend John Jebb, Rector of Padstow in the same diocese, and the Reverend William Frederick Powell, Perpetual Curate of Cirencester. The following proceedings ensued.

The Vicar-General inquired whether Mr. Townsend had got his objections in writing ?

Mr. Townsend stooped down to select a document from his papers.

The Vicar. General—" We are acting here under a mandate from the Crown, issued pursuant to the provisions of the statute of the 25th of Henry VIII., cap._ 20; and we conceive ourselves bound to confirm without suffering any opposition.' Mr. Townsend (apparently answering the Vicar-General's question)—" Right worshipful Sir, I will bring in a libel."

Dr. Lushington" No, you will not. You are not permitted to appear; and, Mr. Townsend, you know perfectly well, as an Ecclesiastical practitioner, that you are not able to bring in a libel until you are permitted to appear." Dr. Addams one of the Advocates for the opposers]—" I appear for—"

Dr. Bayford [one of the Advocates for the Dean and Chapter of Hereford]—" I object to this, on behalf of the Dean and Chapter. The Court has already decided that Mr. Townsend is not to appear for his parties; and now my learned friend wants to appear for nobody."

Dr. Addams—" I appear and beg to be heard—" The Vicar-General—" Upon what do you wish to be heard ? Dr. Addams—" Upon the statute."

The Vicar-General--" You mean, upon the question whetber you have a right to be heard or not? "

Dr. Addams--" Precisely so." The Vicar-General—" We confine you to that."

Dr. Addams—" I do not mean to say a word beyond that point." Subsequently, Dr. Bayford renewed his resistance; Dr. Lushington re- peated the decision of the Court; and Dr. Addams reiterated his assurance. Dr. Addams argued the question at considerable length; glancing at the history of episcopal appointment in England— Bishoprics were anciently donative by the Prince, by the mere conveyance of the ring and the staff. Afterwards the election was by the Chapter; and it was supposed to be a free election, and founded upon the congd (Mire. But it was agreed that the confirmation and consecration of a Bishop so elected belonged to the Pope; and by that means the Pope had in effect the disposal of all the bi- shopnes in England. But the Popes subsequently arrogated a right to nominate the Bishops; and the first statute in resistance to that claim was the 25th Ed- ward III., et. 6, which reserved to the King the right of collation to bishoprics and other dignities which might be in his advowry. The last bulls from Rome, which were invited by Henry the Eighth, appointed Creamer to be Archbishop

i

of Canterbury; but immediately afterwards came the divorce of Henry the Re- formation, and a statute forbidding appeals to Rome under a sentence of prirM14-

sire. The word is supposed to be a barbarous corruption of " praimonen." Dr. Addams read the greater part of this statute; which not only requires the Dean and Chapter to elect the, person nominated in the King's letter-missive, but likewise requires the Archbishop to confirm the election. Dr. Addams argued that the statute of preemunire did not apply to the present case, because it was directed to prevent any setting-up of the authority of Rome in derogation of the Royal authority; which the opposers of Dr. Hampden's election were not doing. Dr. Addams cited two precedents of opposition. In the reign of Elizabeth, immediately after the return of the Roman Catholic interval of Mary's reign, when Dr. Parker was nominated to the Archiepiscopal see of Canterbury, three Bishops refused obedience to the warrant to consecrate the Archbishop; a new warrant was issued to other Bishops, and the election was affirmed at the Church

of St. Mary-le-Bow: on that occasion objectors were cited. In the reign of Charles

the First, the election of Dr. Montagu, as Bishop of Chichester, was opposed, on the ground that he was censured by Parliament: the Vicar-General declined to receive the articles of objection, because, said Burn, "they were not offered in form of law, and particularly were neither given in writing, nor signed by an ad- vocate, nor presented by any proctor of the Court." Barn added, "The Parlia- ment, not at first apprized in point of form, were dissatisfied with the conduct of the Viear-:General, and inquired into the behaviour of Dr. Rives on that occasion. Upon which it hath been observed, that Dr. Rives, a most eminent civilian and

canonist, admitted that the opposition was good and valid, had it been legally offered; and that the Parliament of that time proceeded upon the same opinion." Dr. Rives did not conceive that he should have incurred the penalties of Pros- nunire by receiving the exceptions if they had been taken in due form. Neither would the present Court incur such penalty by receiving the objections.

Dr. Harding appeared on the same side, and continued the argument at some length. He put his case very clearly— The doubt arose upon section 5, which inflicted presmunire upon persons " ad- mitting, maintaining, allowing, obeying, doing, or executing any censures, excom-

munications, interdictions, inhibitions, or any other process or act "—but that mast be confined to processes or acts ejusdern generis—" to the contrary or let of due execution of this act." That could not include the appearance of a party pursuant to citation.

Dr. Phillimore followed. To what others had stated he added the fact, that Jones, the objector in hfontagu'o case, could not procure any proctor to present his objection. He oontended; that in Montaga'S oasis the want of form NODS the only objection.

The Cenmissioners delivered judgment in succession. The Vicar- General declared his conviction that they would incur the penalties of a pramr.aire if they did not proceed to confirm the election-

' I may observe, that the act itself prescribes no mode of proceeding in the per- formance of the duty enjoined, nor refers to any: the office whence these proceed-

ings issue supplies none beyond the form now in use, and which has prevailed and been acted upon for a period of three hundred years. The citation and prime- nization may seem to imply the existence of others in the call made by them upon opposers to appear and make their objections if they have any: but how these objections are to be ree.eived, in what form to be made, how to be proved or sus- tamed, and with what result, is nowhere, that I can find, laid down with reference to the ceremony of confirmation by any book of authority, or writer on the law or the practice thereof, as prevailing and established in this country."

Dr. Lushington also decided that the parties who attempted to appear could not do so—

If they could appear, it would almost of necessity follow that they would be entitled to be heard. The Commissioners "need not enter into a discussion of the question what would be the state of the case supposing there bad been no election at all, because there is presented to us the record of an election under the corporate seal of the Dean and Chapter of Hereford; and beyond that corporate seal we cannot go." " Nor is it in the slightest degree necessary that we should hold that the penalty of prranzunire would attach. It may be so; perhaps the better opinion is that it would: but if we are ordered to proceed to confirmation, and there is nothing in this statute which gives us a discretion in exercising the power so confided to us, then, I apprehend, it becomes our bounden duty to pro- ceed accordingly." As to the precedents, he could not collect that Parker's case threw any light on the statute; and Montage's case was taken from a very bad time, when the

Crown and Parliament were contending in mutual encroachment. Dr. Rives pro- bably acted as he did in order to avoid the wrath of the Commons; but it did not appear that, because he rejected the objections for want of form, he would have received them if they had been in form, in the teeth of the statute.

" There are other points with regard to the form of proceeding, and the alleged inconsistency. Why, no doubt there may be inconsistency in these modes of pro- ceeding; indeed, I think it would be vain to deny that such is the case. Bat really what are the facts? The times when this statute was passed were times when we were emerging from the power of the Papacy into the freedom of the Reformation, and when the practice, and I am sorry to say the principles too, va- cillated: and is there any wonder that a Sovereign upon his throne in those times was anxious to retain the ancient form, though at the same time anxious to en- gross into his own hands the real power? " Sir John Dodson expressed his entire concurrence in this judgment.

The confirmation proceeded. The Proctor for the Dean and Chapter Prayed that persons cited and called, and not appearing, might be precluded from the means of further opposing against the election, the manner thereof, or the person elected; and he exhibited a "first schedule," comprising the citation and return, which was signed by the Vicar-General. Opposers were again publicly called. The proclamation was received with loud laughter, and shouts of " Oh, oh!"—" A mockery!" mingled with cries of " Shame!" and " Order!" A " second schedule " was then signed by the Vicar-General, pronouncing opposers contumacious. Dr. Hampden took the oaths, and the act of con- firmation was duly pronounced.

Dr. Hampden at once left the Church. On reaching the street he was cheered vehemently. The people, however, began to press upon him very inconveniently; the Apparitor-General, who was conducting him out, found it quite impossible to reach the Doctor's carriage, and with some difficulty placed him in a coach that stood near. Before that carriage had got fax from the churchyard, one of the horses fell; and, after vain efforts to raise the animal, another carriage was procured, to which Bishop Hampden was transferred, and in which he drove of A public Wardmote was held for Tower Ward on Monday, in Baker's Hall, Harp Lane, to elect an Alderman in the room of Mr. Matthias Prime Lucas, deceased. The Lord Mayor presided. Mr. Thomas Quested Finnic was proposed; and no other candidate appearing, he was declared to be duly elected.

At a meeting of the Metropolitan Commissioners of Sewers, on Thurs- day, an important announcement was made. A report, signed by Sir Henry de la Bache and Mr. Chadwick, recommended a block plan of the Metropolis, and of the suburban districts included within a radius of eight miles from St. Paul's. After this report was read, Lord Mor- peth announced that Government, having considered the representa- tions of the Sanatory Commission as to the urgency of the case, and loss of time and expense attending upon an application to Parliament, had consented to the preparation of a block plan ; to be at once commenced under the auspices of the Board of Ordnance. Government had made arrangements with that department for the purpose; the plan would be immediately begun; and would involve no expense to the Metropolis be- yond their share in the Ordnance estimates for the entire kingdom. The report stated, that the expense of the block plan, with a proper system of levels, would be 24,2151.; the cost of engraving the plan on copper, upon a scale of five feet to the mile, would be 12,6141. more; total, 36,8291. This block plan would not only show the larger streets and squares, but also all courts and alleys; so that the needful information connected with the drainage or absence of it amid the dwellings of the poor would become generally apparent. Mr. Chadwick explained the importance of an Ord- nance survey— They had had cases of sewers which did not discharge, running in contrary di rections from want of proper levels. Without an Ordnance survey, they had been going on in the dark; and the loss which had been occasioned by that want of attention was enormous. In one district, that of Holborn and Finsbury, an out- lay of 260,0001. would be necessary to remedy the defects of the existing system of drainage. Indeed, it was possible that a great portion of the money which had been expended in London for drainage would be found to have been thrown away.

In answer to a question from Mr. Byng, as to the state of the works in the South district, Mr. Austin stated that the late Commission proposed to lay out 100,0001. in works, the whole of which would probably stand in the way of future improvements. Were a plan of converging drainage car- ried out in the same area, there would be a saving in the whole district of between 300,0001. and 400,0001.

The general half-yearly meeting of the Royal Humane Society was held on Tuesday, in Trafalgar Square; Mr. Bond Cabbell, M.P., in the chair. Mr. Chanlier, the Secretary, read the report for the past year. The num- ber of oases of drowning (many cases including several persona) was 130: 168 persons had been successfully treated; only 9 died. Silver medals had been awarded to 21 persona; 43 persons had received bronze medals; writ- ten thanks had been sent to 10; and pecuniary rewards granted to 111 persons. The number of bathers in the Serpentine during 1847 was 225,850: 25 accidents had happened, but only one proved fatal: 40 per- sons had bathed since the 1st of January. The past year's income was 2,6761.; the balance in hand only 271.

At Bow Street Police-office, on Tuesday, Charles Wheeler, lately a clerk in the Pall Mall branch of the London Joint Stock Bank, was reexamined on charges of embezzling the property of his employers. Wheeler was a cash-clerk—that is, the clerk receiving and paying money at the counter; and he abstracted various sums that passed into his hands. He took a 5001. note handed in by a customer, and with it paid calla on railway shares, in which he speculated. On the 3d of January, the prisoner should have had 5321. 14s. in his till; but Mr. Robinson, the manager, found only 1871. 14s. 4d.; on being asked for the remainder, Wheeler exclaimed, " That's all there is—I am that much deficient." On both these charges the accused was committed fur trial; but others are also to be brought against him.

The conduct of a Poor-law medical officer has been the subject of a long in- vestigation by a Coroner's Jury at Croydon. Mr. Bernca.stle, the union surgeon, was called in to attend a poor woman in labour; the labour wasprotracted- the woman had got no order for the attendance of the surgeon, and he turd the people who lived with her to get it; the union officers refused it; and atlast Mr. 113enicastle declined to have anything more to do with the case,—declaring that he had fifty other cases to attend, and there were plenty of surgeons in Croydon who could be sent for. The woman was left untended for many hours; another medi- cal man eventually delivered her; but she died soon after. The Jury found that the deceased "died from exhaustion, resulting from protracted labour; and that Mr. Berncastle had shown the greatest inhumanity towards the deceased in leaving her when in labour; and that the Jury considered him a very unfit person to act as a parochial medical officer."

Thomas Sale, the murderer of Mr. Bellchambers, was executed, at New ate, on Monday morning. It will be recollected that another man, M'Coy, was also con- victed, but reprieved, doubts having existed as to.his actual guilt. Sale retained a very vindictive feeling towards M'Coy, on account of words that he had uttered. On the 24th December, Sale made an attempt to escape: he succeeded in stun- ning the turnkey with a piece of wood taken from his desk, ran down stairs, and into a yard. There he saw M'Coy, who was alone, and whom he violently as- saulted; inflicting serious wounds with the piece of wood. This led, however, to an alarm for assistance; and he was quickly secured. Before his execution, he became very penitent, sought an interview of forgiveness with M'Coy, and con- fessed that he alone murdered Mr. Bellchambers.

John Shea, the man who suffered so much by the disaster at the Euston station, has died from his wounds. The witnesses who were examined at the hived did not throw any light on the cause of the accident: they stated that the workmanship of the pillars and wall was good; the beat materials were em- ployed, and there was no excessive rapidity in building. The Jury returned a verdict setting forth the proximate cause of the man's death, but stating that there was no evidence to prove why the wall fell. A young man having died in the Model Prison from consumption, an inquest has been held. There was nothing peculiar in the case itself, which was clear enough; but the evidence given, not only by the officials but by prisoners, re- specting the excellence of the system adopted in the prison, so impressed the Jury that they made an express declaration of their opinion that the officers of the gaol did all they could for the health and comfort of the inmates. This was the evi- dence given by two prisoners.—" Prisoner C 1-17 had been seven months in this prison. Came from Millbank and from Warwick. Had been a gun-furniture r at Birmingham; is now employed as a blacksmith: thinks that be has improved in his trade. Is well treated here; has nothing to complain of: his diet is good, and he is well treated by the officers of the prison. Is twenty-three years old. Has been ill only four days; had rheumatism in the bead. Would rather be at Warwick, only because they allow talking." " Prisoner A 2-35 de- posed that he had come from Milbank and Chatham. Is twenty-three years of age. Had been a soldier and a groom; he was now a tailor in the prison: has got on very well; thinks that he could get his living at it if free. Could not read or wnte until he came here; can do both now, but imperfectly. Has plenty to eat. Has nothing to complain of as respects his treatment here. Has one hour's exercise every day by himself in the yard. Sleeps well now. Was not a sober man when sent to prison."

St. Saviour's, Southwark, with its Ladye Chapel, has been in peril from fire. On Monday, the corpse of an inhabitant of the parish was placed in a vault under the Eastern end of the building; during the ceremony, eight candles were used; but they were removed at the conclusion of the service. On Tuesday morning, the sexton discovered that a great body of smoke was issuing from the vault: the alarm was raised, engines were obtained, and after some time the fire was subdued by throwing large quantities of water into the vault- On examination, it was found that the outer cases of six or eight coffins had been consumed; in some in- stances the lead had been melted, and the bodies burnt in a way offensive to the sense of smelL