ACCOUCHEMENT OF HER MAJESTY.

New Zealander, Volume 6, Issue 462, 18 September 1850, Page 3

ACCOUCHEMENT OF HER MAJESTY.

BIRTH Or A PRINCE. [Fiom tlia "Comt Cncular."] Buclvinglnm Pilaco. May 1. Tins morning, at sevanteen minu'p-' after eight o'clock, 'he Q seen was safely delivered of a Prince. In tlie room with Her Mnjesty weie His Royal Highnes Prince Albeit, Dr. Locock, an<) Mrs. Lilly, the monthly nurss; and in the rooms arlj Jininc; were the other mediral atfendnnih — Sir Junes Clarke and Dr. Ferguson, and the Ministers and Officers of Sta'e summoned on the oconsion. 'I he P/ivy Councillors present were — The Most Rev Dr. Suraner, Aivhbifchop of dmterbury i the Right Rev. Dr. Blomfield, Bishop of London ; the Duke of Welling on, GommaHder-in-Chiof; Lou) John Russell, First Lord of the Tie.-suiy; Sir George Giey, Secreiaiy ofSute (or the Home Deprtnient; the Ma q.no of Bre-idalbane, Lords ClMmbetlaiu ; and the Duke of Noifolk, Master of the Hon-e. Shortly before nine o'clock yesterday morning Her Rojal Highness the Duchess of Kent at rived at the Palace. At ten o'clock the Queen's physicians issued the following bulletin : — "Buckingham Palr.ce, Wednesday, May 1. 10 oMock a m. "The Queen was safely delivered of a Piince at seventeen minutes after eight o'clock this morn" ing. " Her Majesty and the infant Prince nre well. JAMFS ( f/AUKB, M.D.. CIIARLI'S LOCOCK, M D. Robert F. kguson, M.D. His Royal Highness the Dukp ot Camb rdi^e, attended by Vlajor Stephens, artived at the Palace yesterday foienoon to learn tlie state of Her M jesty and tlu 1 the Royal infant. About eight hundred of the nobility and gentry cilled ('uring the (iay yi'steivlay at Buckingham Falare to make their dutiful inquiries after the svate of Hei Majesty and the infant I'rince. 'i lie lol'owiug bulletin ot LJer M ijesty's health wjs issued yesteidjy :—: — " Buckingham Palace, May 3, 18J0. "9 o'clock, a m. " The Queen has slept well. Her Mujcsty aud the infant Prince are going on quite tavouialily."

The Gorham Cash.— The judgment of fho Cour* of Queen's Bench on ihe application of the U hop of Exeter to proh'bit the Court of Arches in the Goiharn cisc, wib delivered on Thursday (\piil 25j, hf L;id Chief Justice Campbell. Lord Campbell picruised, that he should have abstained fiom giving an opinion it the application were connected wiih any jioint argued or decided in the Judicial Committee of Pi ivy Council: but the applicant himself t,ug^ests (hat tlie point did not occur to bis advisers till after the derimon ; it was in fact as new ta Lord C<ira| ball a-> to his learned brothen be«ide bitn. The argument of Sir Fifzroy Kelly was, that in mII cases touching the Queen the only appeal i» to the Upper House of Convocation. Upon the question whether the Queen is interested or not in this case, the Couit need-d not to express any opinion: it thought that even in such caios there never was any appeal to the Convocation. The* fir-jt statute quoted in argument, lelHing only to tithes, &c, (24th Hemy VIII. chapter 12,) was passed when Sir Thomas More, a, rigid Roman Catholic, was Chancellor, and when Henry bad n t yet broken into the Sen of Rome : it therefoie still allowed an appeal on all spiritual mntteis, and reseived only suits on tempoial matters lor decision within the re.lm. The ultimate appeal under that Act, whe'e the matter did not touch ihs King-, went no further than the Aichbishop, whose decision "as to be final : whore the matter did not touch the King, the appeal want to the Upper House of Convocation, whose decision was to be fin tl. Next year, when Henry found no chance of proceeding with his divoice suit, he broke with the Pope, altoifethei, and resolved to vest wholly in himself the juns'iictnn which the Pope had t.H that time retained. Sir Thomas M-ire was succeeded by the pliant Loid Audley ; ami several statutes were passed by Parliament to cany out the King's aims. The fir-t of these w^ the statute cited secondly in Sir Kilzroy Kellys aigumcnt, (the 251h Henry VIII. chapicr 19) ; and enucts that, m all manner of appeals of what uatuie soever, [temporal or spiritual ] the manner and form of appealing established by the former act should be observed, — that is to say, to the Aiohdeacon, Bishop, and Aichbi-hop, in succession No cxteption is made where the K\n<> is touched ; ihe euuetmeut ex'ends to all ca^es. The section following thai wHch Sir Fitzroy Kelly quoted, neatts a new court of appeal for ''all causes in tlie Ecclesiastical Courts." '• For Uck or justice in any of the couits of the Archbishops it sh.ill be. lawful to the parties aifjrieved to appeal to Her Majesty in the High Court of Chancery ;" where delegates are to be appointed. This appeal is given in all cuses — as well as in the spintual, theretofore taken to Rome, as in the temporal, enumetated by the act, chap. 12. "All mmtier of appeals hereatter to be taken from the juiisdiction of any Abbots. Pnors, and places exempt from the Ordinary, shall be to the King's Majesty in the Court of Chancery, m like manner and foiin a, heretofore to ihs See at Rome." No exception is made to suits touching the King ; though it was notoiious that theretokie tli^ey went to Itume. L)rd Coke c\pie-.s'y puts this constiuction on 'he st tuu>, in the communtary on it in his Fourth Institute. In piacucc this eoi'.struction has been acted on for thr-e ccntu lies, dlthou-h many suits e;avt; oppoi tnuity for a contraiy consiiuction, both m the C tholic reign, which immediately succeeded that oi Hem y the Ki^hth, and in the lelmiously conlenlnjus reigns whii'h followed after; and m boin^ of these cases the niiuter oi the suit was one win 'h obviously touched the King's ptrsoiiul interest. The language of ihe statute being clear instead of obscure, there is no justificatiun loi dilFcring from thu consiiuction put on it by cont'iiipoi.meous and long continued usage. If it be tiue, as suggested, that the Upper House of Convocation i, a filter tnbunul, Uic Court canao. lcgurd that, or be inllucncLd

any view to public p >] i cy ; u can only interpret the law a1?a 1 ? >'!". scott'd in the liinpu»2[C of the law. The Court hob's lha't j) 0 reason ha= lit cm il'e»t(l to invali(iato the app* U\ 0 tlie Queen m C«uacil, or the sentence rieliveied ; and it tv fuses to call on Mr. Goiham to sliow catis- why the executiou of that senttnee bhtulil not be st,iyt'd.