A Letter to the Rev. William Maskell, A.M.: How far the Judicial Committee of the Privy Council commits the Church of England by its decision, even allowing it to have jurisdiction in points of doctrineMayow, Mayow Wynell
Religion
A Letter to the Rev. William Maskell, A.M.: How far the Judicial Committee of the Privy Council commits the Church of England by its decision, even allowing it to have jurisdiction in points of doctrine
Mayow, Mayow Wynell
Baptism -- Church of England; Church and state -- Church of England; Church and state -- Great Britain; Ecclesiastical law -- England -- History -- 19th century; Gorham, George Cornelius; Great Britain. Privy Council. Judicial Committee
Let me explain further: that in what I am about to write, I am
going to admit, at any rate for the sake of argument, the
authority and jurisdiction of the Committee of Council as a
tribunal in this case. I may, and indeed do think, that in
your letter, you have allowed too little for the difficulty in
which the Church has been placed as to making her voice heard:
too little therefore to the circumstances which have hitherto
trammelled her, as accounting for and excusing her silence,
especially in later times: as for example in the changes made in
1832, and perhaps in other instances. Still I am not
concerned in what I am about to write to controvert your
positions on this matter, because for the present purpose of my
argument I am going to admit the competency, i.e. the authority
as distinct of course from the fitness, of this tribunal to try
the issue, between Mr. Gorham and the Bishop of Exeter.
Still, as it seems to me, both these points may be conceded:
first that the court is sufficient: and secondly, that to deny
unconditional regeneration in the case of infants, is heresy; and
yet, it may be reasonably maintained, that whatever the decision
in this trial shall be, The Church of England may not stand
committed to heresy thereby.
No doubt, at first sight this will appear a paradox; and the
interpreter the harder to be understood of the two, in thus
imagining it not impossible to find a middle way between
“accepting and acting upon this court’s decision, and
repudiating it altogether as if it had never
existed.” But I mean, not impossible to p. 7find a point of
view, regarding the tribunal from which, we may be able justly
and reasonably to allow it’s competency for the present
judgment on doctrine, and yet to repudiate, not exactly the
decision itself, but the effect of it as committing the Church at
large: repudiate it, in your own words, “in every other
respect, but the one point comparatively unimportant and trivial
of the institution of a certain person to a certain
benefice.”
Now the only postulate I ask for this conclusion, is, that the
Church shall not, and cannot, stand committed to heresy without
proof that her crime is something not accidental, but wilful and
deliberate; something more than a mistake, which she is ready and
willing to clear up the moment opportunity is given her to do
so. In short that as a man is not a liar, without the
intention to deceive; so a Church is not heretical, unless the
animus of heresy be proved against her.
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