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
Before the Gorham case, the Formularies in general were
the standard and test, free to both sides, about baptismal
regeneration. Both parties had the ground open to them, to make what
they could of them by argument and reason. Discipline was limited by
the Articles and Formularies, and in part by the authority of great
divines and by the prevailing opinion of the Church, and by nothing
else; these were the means which each side had to convince and persuade
and silence the other, and each side might hope that in the course of
time its sounder and better supported view might prevail. But now upon
this state of things comes from without a dry, legal, narrow
stereotyping, officially and by authority, of the sense to be put upon
part of the documents in the controversy. You appeal to the
Prayer-book; your opponent tells you, Oh, the Court of Appeal has ruled
against you there: and that part of your case is withdrawn from you,
and he need give himself no trouble to argue the matter with you.
Against certain theological positions, perhaps of great weight, and
theological evidence, comes, not only the doctrine of theological
opponents, but the objection that they are bad law. The interpretation
which, it may be, we have assumed all our lives, and which we know to
be that of Fathers and divines, is suddenly pronounced not to be legal.
The decision does not close the controversy, which goes on as keenly
and with perhaps a little more exasperation than before; it simply
stops off, by virtue of a legal construction, a portion of the field of
argument for one party, which was, perhaps, supposed to have the
strongest claim to it. The Gorham case bred others; and now, at last,
after fifteen years, we have got, as may be seen in Messrs. Brodrick
and Fremantle's book, a body of judicial _dicta_, interpretations,
rules of exposition, and theological propositions, which have grown up
in the course of these cases, and which in various ways force a meaning
and construction on the theological standards and language of the
Church, which in some instances they were never thought to have, and
which they certainly never had authoritatively before. Besides her
Articles and Prayer-hook, speaking the language of divines and open to
each party to interpret according to the strength and soundness of
their theological ground, we are getting a supplementary set of legal
limitations and glosses, claiming to regulate theological argument if
not teaching, and imposed upon us by the authority not of the Church or
even of Parliament but of the Judges of the Privy Council. This, it
strikes us, is a new position of things in the Church, a new
understanding and a changed set of conditions on which to carry on
controversies of doctrine; and it seems to us to have a serious
influence not only on the responsibility of the Church for her own
doctrine, but on the freedom and genuineness with which questions as to
that doctrine are discussed. The Court is not to blame for this result;
Public-domain text, read in full here on John Shaqi.
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