Occasional Papers: Selected from the Guardian, the Times, and the Saturday Review, 1846-1890, Vol. 2 — John Shaqi
Occasional Papers: Selected from the Guardian, the Times, and the Saturday Review, 1846-1890, Vol. 2Church, R. W. (Richard William)
Religion
Occasional Papers: Selected from the Guardian, the Times, and the Saturday Review, 1846-1890, Vol. 2
Church, R. W. (Richard William)
Christianity; Church and state -- Great Britain; Great Britain -- Church history -- 19th century
If they have had the benefit of a liberal education, they have
been taught that to obtain security for persons and property was
the great end for which men submitted to the restraints of civil
government; and they may have heard of the indispensable necessity
of an independent magistracy for the due administration of
justice; but when they direct their inquiries to the laws and
constitution of England, they will find it an established maxim in
that country that all jurisdiction emanates from the Crown. They
will be told that the King is not ony the chief, but the sole
magistrate of the nation; and that all others act by his
commission, and in subordination to him.[2]
[2]
_Allen on the Royal Prerogative_, pp. 1-3.
"In the most limited monarchy," as he says truly the "King is
represented in law books, as in theory an absolute sovereign." "Even
now," says Mr. Gladstone, "after three centuries of progress toward
democratic sway, the Crown has prerogatives by acting upon which,
within their strict and unquestioned bounds, it might at any time throw
the country into confusion. And so has each House of Parliament." But
if the absolute supremacy of the Crown _in the legal point of mew
exactly the same over temporal matters and causes as over spiritual_,
is taken by no sane man to be a literal fact in temporal matters, it is
violating the analogy of the Constitution, and dealing with the most
important subjects in a mere spirit of narrow perverseness, to insist
that it can have none but a literal meaning in ecclesiastical matters;
and that the Church _did_ mean, though the State _did not_ to accept a
despotic prerogative, unbounded by custom, convention, or law, and
unchecked by acknowledged and active powers in herself. Yet such is the
assumption, made in bitterness and vexation of spirit by some of those
who have lately so hastily given up her cause; made with singular
assurance by others, who, Liberals in all their political doctrines,
have, for want of better arguments, invoked prerogative against the
Church.
What the securities and checks were that the Church, not less than the
nation, contemplated and possessed, are not expressed in the theory
itself of the royal prerogative; and, as in the ease of the nation, we
might presume beforehand, that they would be found in practice rather
than on paper. They were, however, real ones. "With the same theoretical
laxity and practical security," as in the case of Parliaments and
temporal judges, "was provision made for the conduct of Church
affairs." Making allowance for the never absent disturbances arising
out of political trouble and of personal character, the Church had very
important means of making her own power felt in the administration of
her laws, as well as in the making of them.
Public-domain text, read in full here on John Shaqi.
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