Dr. Temple's applying for it from having the benefit of the recent statute, whereas, if we grant it, the other party has still that benefit, and therefore, as I think, we ought now to grant the writ as a general rule, unless we are quite clear that it cannot be sustained. I am fully aware of the agitation of men's minds, and of the strong feelings which are said to attend this case, and doubt not that much inconvenience would accrue from the ultimate decision of it being delayed; but I do not see that those are sufficient reasons for not putting the case into such a shape that recourse might be had to a court of error." It was probably in consequence of the general opinion that the forms of the vicar-general's court contemplated and provided for an objection being heard, and that the question of the mandamus ought at least to have been put in a shape to have been cognizable by a court of error, that in the case of Dr. Temple, more than twenty years after that of Dr. Hampden, the vicargeneral of the archbishop allowed counsel to be heard upon the question whether the vicar-general had power to examine and decide upon objections raised in his court to the confirmation of a bishop (s). The vicar-general decided that he had no power to examine into any objections-a decision at variance with the opinions of Justices Coleridge and Patteson, but in harmony with that of Lord Chief Justice Denman and Justice Erle. All the forms of the court imply that objections can be made and ought to be heard. The reason of the thing seems to point. in the same direction. The question whether an appeal lies from the court of the vicar-general has not been formally decided. The inclination of Mr. Justice Patteson's opinion was adverse to the existence of any right of appeal. But inasmuch as by the general law (1) an appeal from all ecclesiastical courts lies to the crown in council, it is a question perhaps hereafter to be decided whether the vicar-general's court be from peculiar circumstances exempted from the application of this law. The allegation and the judgment in the case of Dr. Temple are here given at length: ALLEGATION. "On Wednesday, the 8th day of December, 1869, before the Right Worshipful Sir Travers Twiss, Knight, D.C.L., VicarGeneral and Official Principal of the most Reverend Father in God Archibald Campbell, by divine providence Lord Archbishop of Canterbury, Primate of all England and Metropolitan, in the Parish Church of St. Mary-le-Bow in the City of London, in (8) The averments in the summary petition were in this case supported by affidavits. (t) 25 Hen. 8, c. 19, s. 4, "for lack of justice at or in any of the courts of the archbishops of this realm, or in any the king's domin ions, it shall be lawful to the parties grieved to appeal to the king's majesty in the king's court of chancery," now represented by the judicial committee of the privy council. the presence of Francis Hart Dyke, Notary Public, Principal Registrar of the Province of Canterbury: "The business of confirming the alleged election of the Reverend Frederick Temple, clerk, doctor in divinity, to be bishop and pastor of the cathedral church of Exeter. "On which day Edmund Charles Currey exhibited as proctor and made himself a party for the Right Reverend Walter John Bishop Trower, D.D., sub-dean of the cathedral church of Exeter, late Lord Bishop of Gibraltar, and late also commissary of the Right Reverend Father in God Henry Lord Bishop of Exeter, now deceased, the Reverend Samuel Henry Walker, clerk, M.A., vicar of the vicarage of Newton Poppleford, in the county of Devon and diocese of Exeter, and the Reverend Augustus Archer, clerk, vicar of the vicarage of St. John, Tipton, in the county and diocese aforesaid, three of the parties duly cited by and lawfully appearing in obedience to the letters mandatory issued and served in this business, and, by way of objection on opposition to the further proceeding of the said confirmation, did say, allege, and in law articulately propound, as follows, to wit: "First. That the said Frederick Temple is not a prudent and discreet man, and is not eminent for his knowledge of the holy scriptures, and is not, and cannot be greatly or at all useful and necessary to the cathedral church of Exeter. For that he did in or about the year 1860, write, print, publish, disperse, give, sell and set forth, or cause to be printed, published, dispersed, given, sold and set forth in a book called 'Essays and Reviews' a certain article, essay or review, entitled 'The Education of the World,' wherein he maintained and affirmed divers erroneous, strange and heretical doctrines, positions and opinions contrary to the doctrine and teaching of the United Church of England and Ireland as by law established, and contravening the statutes, constitutions and canons ecclesiastical of the realm, and against the peace and unity of the church, and which said article, essay or review is of a baneful tendency as weakening the foundations of Christian belief and likely to cause many to offend, and this was and is true, and the party proponent doth allege and propound as before. "Second. That the said book, entitled 'Essays and Reviews,' contained also six other articles, essays or reviews written by six other several authors and entitled respectively, 'Bunsen's Biblical Researches;' On the Study of the Evidence of Christianity; Séances Historiques de Genève;' 'On Mosaic Cosmogony; Tendencies of Religious Thought in England, 1688, 1750;' and 'On the Interpretation of Scripture.' That in such six other articles, essays or reviews, are also maintained and affirmed divers erroneous, strange, and heretical doctrines, positions and opinions contrary to the doctrine and teaching of the said United Church of England and Ireland as by law established and contravening the statutes, constitutions and canons ecclesiastical of the realm, and against the peace and unity of the church: and the said six other articles, essays, or reviews are all of a baneful tendency as weakening the foundations of Christian belief and likely to cause many to offend. That the said book containing as well the said article, essay, or review, entitled The Education of the World,' as also the said six other articles, essays, or reviews, has, between the years 1861 and 1869, been reprinted and republished as one entire book on eleven several occasions, the last or twelfth edition having been printed and published in the present year (1869), and that such several editions have been so printed and published with the knowledge of the said Reverend Frederick Temple; but notwithstanding the premises he the said Reverend Frederick Temple hath not at any time or in any manner expressed disapprobation of or dissent from any of the said erroneous, strange and heretical doctrines, positions and opinions maintained and affirmed therein, by reason whereof he hath given great offence and occasioned much scandal to the said church; and this was and is true, and the party proponent doth allege and propound as before. "Third. That on the 21st day of June, 1864, the Upper House of Convocation of Canterbury did resolve as follows: 'That the Upper House of Convocation having received and adopted the report of the committee of the whole house appointed by them to examine the volume entitled "Essays and Reviews," invite the lower house to concur with them in the following judgment: that this synod having appointed committees of the upper and lower houses to examine and report upon the volume entitled "Essays and Reviews," and the said committees having severally reported thereon, do hereby synodically condemn the said volume as containing teaching contrary to the doctrine received by the United Church of England and Ireland in common with the whole Catholic Church of Christ'; and on the 24th day of the said month of June, 1864, the lower house of the Convocation aforesaid did resolve as follows,-'that this house respectfully and heartily tender its thanks to his Grace the president, and to the bishops of the upper house for their care in defence of the faith, and that this house does thankfully accept and concur in the condemnation of the book by the upper house to which their concurrence has been invited by the upper house,' and this was and is true, and the party proponent doth allege and propound as before. "Lastly. That all and singular the premises were and are true, public and notorious, and thereof there was and is a public voice, fame, and report, whereof legal proof being made at any meet and convenient time and place to be appointed by the judge for that purpose, the party proponent humbly prays that the said election may not now be confirmed, at least until such time as the said bishop elect shall publicly recant and disavow the aforesaid erroneous, strange, and heretical doctrines, posi tions, and opinions; and that otherwise right and justice may be effectually done and administered to him and his said parties in the premises. "J. Parker Deane." "JUDGMENT (u). "Edmund C. Currey. The Vicar-General: "I take upon myself the duty of confirming the election of the Reverend Frederick Temple, who has been elected to the See of Exeter, and in obedience to the letters mandate of the crown. Those letters mandate have been issued to his Grace the Archbishop of Canterbury. In those letters mandate it has pleased her Majesty the Queen to signify to his Grace the Archbishop of Canterbury that she has approved of the election of Doctor Temple to be bishop. She has likewise commanded him to confirm the election, and his grace the archbishop has issued to me, as vicar-general, his fiat to carry out the command of the queen. On these occasions it has been the practice to use judicial forms which, as far as we are able to ascertain, go back to the earliest period of the Reformation, and were probably framed by civilians of the day upon the ancient customs with reference to confirmation of bishops before the pope, and before archbishops in other countries. But they were framed also with a view to carry out the provisions of the statute; and those forms it was considered his Grace the Archbishop of Canterbury might conveniently adopt for the purpose of confirming the election of Dr. Temple in this case. There has been no statutory sanction given to these forms. They are not obligatory upon the archbishop. He has been pleased to adopt them, and the practice for three centuries has been to use them. The practice has been, before the vicargeneral takes his seat here, that a citation should go out calling upon all persons, who may choose to object to the election, or to the person elected, to appear here on a certain day, and state their objections. But they are informed that, notwithstanding their appearing, the confirmation will still take place. They are, therefore, informed beforehand, that they are to appear for the purpose of stating their objections, but not for the purpose of in any way having those objections entertained with a view to the confirmation being refused. It is, therefore, important to consider as such the intimation given to the opponents for what purpose they come here to-day. They come here to-day in my opinion to make such objections as may have arisen in their minds against the manner in which the election has been conducted. They come here to allege any defects which may be known to them, and also if there be any error with reference to the person who is presented to me to be confirmed, that that (u) A full and, it is believed, accurate account of all the proceedings will be found in "The John Bull" of December 11, 1869. error should be made known to me before I confirm the election. They come before his grace's vicar-general in order that if any ground of objection to the election is known to them, they shall, before the election is confirmed, make their objections, or take exception to the election on the ground that the election in regard to some matter of form has been defective, or that the person presented to me for confirmation is not the person on whom the choice of the crown has fallen; and upon whom the choice of the electors has also fallen. It has been said on behalf of the objectors to-day that if the objections they have to make to the person elected are not heard, the proceedings here are a scandal and a sacrilege. When that was said by the learned counsel I was obliged to intimate to him that I thought those were strong terms to use. It was formerly the custom in all courts in the land to commence their sittings with prayers. It has been the custom of the ecclesiastical courts to do the same thing. It is not because the Litany has been read here to-day that there is any peculiar sanctity supposed to be attached to these proceedings, nor do I think that, because I do not accede to the argument of the learned counsel who appears for the objectors, the proceedings of the court can be justly exposed to the harsh terms which have been used with reference to them. Forms of prayer have always been in use in such cases. They are used before the highest branch of the legislature. Both in the House of Lords and in the House of Commons, before the speaker takes his seat, the Litany is read, and, therefore, sitting here as vicar-general, I think it was quite right that it should be read on this occasion, but I desire it not to go forth to the English public that with reference to the proceedings which have taken place here to-day any peculiar sanctity is to be attributed to them on account of the Litany having been read, because that would be to leave the proceedings of to-day open to the very strong observations which have been made with reference to them. The question now arises, am I or am I not to admit this allegation to proof? Now it is remarkable that there is no writer on English law who has dealt with this subject of confirmation, and has given us the forms of proceedings to be observed in such cases, who has ever contemplated the appearance of opponents. Opponents may come, but the proceedings with reference to elections are now so carefully conducted, that there is no opportunity or occasion for opposition as regards the mode of election. There is no book, so far as I am aware, that tells us as a matter of practice what ought to be done in a case of this kind. On the occasion of the election of Dr. Hampden I was present as counsel. I was present both in that case and in the case of the opposition to Dr. Lee's election at St. James's Church, to which reference has been made, and therefore I speak from a personal knowledge of the subject. When the opponents appeared in the case of Dr. Hampden, Dr. Lushington, sitting as assessor for Dr. Burnaby, the then |