Mr. Dale is to be brought up under the writ
of Habeas Corpus, to have the case argued whether he has been legally imprisoned or not. Mr. Arthur Charles's preliminary argument gained him great credit, and certainly allowed that a most extraordinary confusion exists between the functions which Lord Penzance exercises, or may exercise, as Dean of the Court of Arches, and the functions which he exercises, or may exercise, as Judge under the Public Worship Act. It is doubtful whether it was possible for the Bishop of Exeter to act both for the Bishop of London and for the Archbishop of Canterbury, in relation to the complaints against Mr. Dale ; it appears to be uncertain whether Lord Penzance is technically Dean of the Court of Arches or not, as he has never taken the official oath ; and it is doubtful whether Lord Penzance has not proceeded in the one capacity, as he had only power to proceed in the other capacity. Nothing that is connected with the Public Worship Act comes to any good. There is a sort of fatal blight upon all that concerns it, and the sooner it is swept from the Statute. book, the better.
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