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
act itself were clear to their understanding. They most
properly confined themselves to the terms of the act, and to the
determination of this point, whether it excluded the working by
relays or not. It might be, (as has been strongly
asserted,) perfectly true, that to permit that system, p. 15frustrated in
great measure, if not wholly, the attempt to better the condition
of those young persons; but however true, it was nothing to the
purpose. And those judges, as the event shewed did come to
the conclusion that the terms in which the act was couched were
not sufficient to make the system which had been used, illegal:
and therefore judgment went in favour of the mill-owners.
Now let it be granted that this, in its effect, destroys the
bill as a measure of humanity: that so to legislate is in fact
cruelty, whatever the intention of the act may have
been.
But shall we on this account blame the judges in the
case? Assuredly not; they have but done their necessary
duty in interpretation. Shall we say the court was not
competent, or the decision not binding, or in any way attempt to
resist its legal effect? Assuredly not; or we overthrow all
principles of law and order. Nevertheless shall we say that
this judgment convicts of cruelty or double dealing the framers
of the measure, or the parliament which passed it?
Assuredly not; because it is much easier; much more accordant
with common sense and experience; much more agreeable to charity
and reason, to believe that the subtleties of language introduced
an unintentional ambiguity, which the judge’s eye was
obliged to search out and judicially recognize, than to believe
that Mr. Fielden, or Lord Ashley, or even parliament at large,
when they professed to relieve young persons working in
factories, intended to “palter with them in a double sense
and keep the word of promise to the ear but break it to the
hope.”
Does any one then, I ask again, now feel justified in charging
those parties with cruelty, whose bill is p. 16nevertheless
found capable of a cruel working. Do we charge them with
the intention of such ambiguity, and such consequences, though
they are found both to exist in the act of parliament? Do
we infer the animus from the wording, and say that such as the
bill is practically, such must have been the intention of
its framers?
Public-domain text, read in full here on John Shaqi.
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