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 — John Shaqi
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
any, who knowing what human nature is, would rightly weigh the
circumstances of this decision before drawing further inferences
from it. If I am at all correct in the argument I have
attempted to draw out, that decision, if in Mr. Gorham’s
favour, will decide the ambiguous language of the formularies,
and nothing more. Abstract then your mind from the present
judgment, and what will you say is the animus of the
Church? Will it not be the same as heretofore; and that our
estimation of our Church’s soundness in the faith is as yet
unshaken? For should we, I boldly ask, judge that any
friend of ours intended an indirectness or double dealing by us
upon no better evidence? Should you so judge
me, or I you, in any circumstances bearing even a
distant analogy to these? and if not, how thus judge our mother,
who has borne us unto Christ?
An illustration from secular affairs may perhaps make my
meaning in all this clearer, and, as it happens, there is one
made ready to our hand.
We all remember the act of Lord Ashley and the late Mr.
Fielden, to prohibit the labour of young persons in factories,
for more than ten hours a day. It was drawn up, no doubt,
to the best of their ability to attain this object: to give
persons under a specified age, rest and cessation from labour
after ten hours at the mill. But as we well know likewise,
an interpretation of the act grew into use among the mill-owners,
by which they worked their factories twelve or fifteen p. 14hours a day,
using the labours of the younger persons employed by relays; so
that though no one of them was actually at work more than the ten
hours, the object of the bill was frustrated, if it were to
secure their being dismissed to their homes after so many hours
at the mill. The resting them an hour, or two hours, in the
middle of the day, whilst others took their place, to be also
rested for the same time, at another period, did not secure to
those young persons what was at any rate supposed to be the
humane object of the framers of the bill, and the legislature
which passed it; a return to their homes at such a reasonably
early hour as might afford some time for relaxation, and some
opportunity for mental cultivation. This usage however of
the mill-owners did not pass unquestioned, and a case involving
the principle of it, was first heard before an inferior tribunal,
and, the decision being given there I think, against the legality
of the system of relays, was brought afterwards by appeal before
the Barons of the Exchequer. The jurisdiction, observe, of
this court was beyond all question, and it applied itself to the
decision of the case. Of course, (exactly as in the Gorham
cause before the Privy Council,) the matter in hand was simply a
question of the interpretation of the act of parliament.
The judges had nothing to do with which arrangement might
be most humane, nor even with which they imagined to be most
accordant with the mind of parliament in passing the act, if the
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