Occasional Papers eBook

Richard William Church
This eBook from the Gutenberg Project consists of approximately 447 pages of information about Occasional Papers.

Occasional Papers eBook

Richard William Church
This eBook from the Gutenberg Project consists of approximately 447 pages of information about Occasional Papers.
place, whatever may have happened as yet, it is manifestly a serious thing for Church of England doctrine to have been thrown, on a scale which is quite new, into the domain of a court of law, to lie at the mercy of the confessed chances and uncertainties of legal interpretation, with nothing really effective to correct and remedy what may possibly be, without any fault in the judges, a fatally mischievous construction of the text and letter of her authoritative documents.  In the next place, no one can fail to see, no one in fact affects to deny, that the general result of these recent decisions, capricious as their conclusions look at first sight, has been to make the Formularies mean much less than they were supposed to mean.  The tendency of every English court, appealed to not as a court of equity but one of criminal jurisdiction, is naturally to be exacting and even narrow in the interpretation of language.  The general impression left by these cases is that the lines of doctrine in the English Church are regarded by the judicial mind as very faint, and not much to be depended upon; and that these judgments may be the first steps in that insensible process by which the unpretending but subtle and powerful engine of interpretation has been applied by the courts to give a certain turn to law and policy; applied, in this instance, to undermine the definiteness and certainty of doctrine, and in the end, the understanding itself which has hitherto existed between the Church and the State, and has kept alive the idea of her distinct basis, functions, and rights.

This is the view of matters which arises from an examination of the proceedings contained in this volume.  What is the argument urged in the Historical Introduction to justify or recommend our acquiescence in it?  It seems to us to consist mainly in a one-sided and exaggerated statement of the Supremacy claimed and brought in by Henry VIII., and of the effect in theory and fact which it ought to have on our notion of the Church and of Church right.  The complaint of the present state of things is, that those who may be taken to represent the interests of the Church in such a matter as the character of her teaching are practically excluded from having any real influence in the decision of questions by which the character of that teaching is affected.  The answer is that she has no right to claim a separate interest in the matter, and that the doctrine of the Royal Supremacy was meant to extinguish, and has extinguished, any pretence to such a claim.  The animus which pervades the work, and which is not obscurely disclosed in such things as footnotes and abridgments of legal arguments, is thus given—­more freely, of course, than it would be proper to introduce in a book like this—­in some remarks of Mr. Brodrick, one of the editors, at a recent discussion of the question of Ecclesiastical Appeals in a committee of the Social Science Association.  He is reported to have spoken as follows:—­

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