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
A point of great weight surely is this:—that they are
(even if really ambiguous when subjected to the searching eyes
and acute minds of the most subtle lawyers: I use the word in no
ill sense; yet) to all ordinary men, and ordinary unbiassed
minds, so clearly on the catholic side, and so plainly to such
minds convey nothing but the ancient doctrine of regeneration in
baptism, that it is much more easy and natural to believe the
Church never contemplated the ambiguity than that she did.
Let it be remembered too that if now on the present appeal, the
six eminent law officers who have heard the case do decide for
the ambiguity, yet, so indistinctly is this ambiguity itself
discernible, that not merely ordinary men, but one of the ablest
and perhaps the most practised ecclesiastical lawyer of
our day, had no doubt or hesitation on his mind when the case was
argued before him as the Archbishop’s judge of doctrine in
the court of p.
12Arches, that it did not exist; that there was no such
approach even to ambiguous language as to make him have
recourse to extraneous comment to guide him, or cause him to give
in the very slightest degree a doubtful judgment; but on the
contrary, thought there was no sense to be put upon the
Church’s statements on this subject but the one catholic
doctrine, which, a priori, we should suppose she would
enunciate.
Take with these general considerations the particular
circumstance that if we assert the ambiguous animus, we must
suppose the Church, not only in fact to have inadvertently
qualified words naturally carrying the catholic meaning; but so
to have intended to qualify them, that when she says
“seeing this child is regenerate,” she meant
“seeing he is not regenerate,” or, at the least,
“seeing I have no reason to believe he is
regenerate,” and shall we not have a sufficient case to
prevent our feeling compelled to “think” that
“evil,” that the Church had a double mind. To
me, at least these thoughts bring home a satisfactory conviction
that it is much more likely the Church herself has been ignorant
of ambiguity, and did not mean to be indefinite, than that she
purposely drew up her articles and services, with merely such a
subtle and almost imperceptible residuum of doubtful words that
it appears a mere chance, under a peculiar combination of
circumstances that it ever comes to the light at all: that she so
speciously concealed her own desire to include a second meaning,
that taken “in her own craftiness” she deceived Sir
Herbert Jenner Fust, so that even when her words were most
elaborately sifted by him, this hidden sense escaped his
observation; and is only now at last made manifest upon the most
laboured and minute investigation in another court, p. 13where it is
not too much to say there has been every inducement to the
learned judges composing it to split hairs, and find an ambiguity
if by possibility they could. I say this not as impeaching
the impartiality of the tribunal, but yet as worthy of note by
Public-domain text, read in full here on John Shaqi.
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