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
But the difficulty is, not to see that the present state of things,
which has come about almost by accident, is irregular and
unsatisfactory, and that in it the civil power has stolen a march on
the privileges which even Tudors and Hanoverians left to the Church,
but to suggest what would be more just and more promising. A mixed
tribunal, composed of laymen and ecclesiastics, would be in effect, as
Mr. Joyce perceives, simply the present court with a sham colour of
Church authority added to it; and he describes with candid force the
confusion which might arise if the lawyers and divines took different
sides, and how, in the unequal struggle, the latter might "find
themselves hopelessly prostrate in the stronger grasp of their more
powerful associates." His own scheme of a theological and
ecclesiastical committee of reference, to which a purely legal tribunal
might send down questions of doctrine to be answered, as "experts" or
juries give answers about matters of science or matters of fact, is
hardly more hopeful; for even he would not bind the legal court, as of
course it could not be bound, to accept the doctrine of the
ecclesiastical committee. He promises, indeed, on the authority of Lord
Derby, that in ninety-nine cases out of a hundred the lawyers would
accept the answer of the divines; but whatever the scandal is now, it
would be far greater if an unorthodox judgment were given in flat
contradiction to the report of the committee of reference.
As to a purely ecclesiastical Court of Appeal, in the present state of
the Church both in England and all over the world, it ought to console
those who must be well aware that here at least it is hardly to be
looked for, to reflect how such courts act, after all, where they have
the power to act, and how far things would have gone in a better or
happier fashion among us if, instead of the Privy Council, there had
been a tribunal of divines to give final judgment. The history of
appeals to Rome, from the days of the Jansenists and Fénelon to those
of Lamennais, may be no doubt satisfactory to those who believe it
necessary to ascribe to the Pope the highest wisdom and the most
consummate justice; but to those who venture to notice the real steps
of the process, and the collateral considerations, political and local,
which influenced the decision, the review is hardly calculated to make
those who are debarred from it regret the loss of this unalloyed purity
of ecclesiastical jurisdiction. And, as regards ourselves, it is true
that an ecclesiastical tribunal would hardly have been ingenious enough
to find the means of saying that Messrs. Wilson and Williams had not
taught in contradiction to the doctrines of the English Church, and
that they actually, under its present constitution, possessed the
liberty which, under a different--and, as some people think, a
better--constitution, they might possess. But it ought also to be borne
in mind what other judgments ecclesiastical tribunals might have given.
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