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
to do it justice, it has generally sought to decide as little as it
could; and the interference of law with the province of pure theology
is to be rather attributed to that mania for deciding, which of late
has taken possession pretty equally of all parties. But the
indisputable result is seen to be, after the experience of fifteen
years, that law is taking a place in our theological disputes and our
theological system which is new to it in our theological history; law,
not laid down prospectively in general provisions, but emerging
indirectly and incidentally out of constructions and judicial rulings
on cases of pressing and hazardous exigency; law, applying its
technical and deliberately narrow processes to questions which of
course it cannot solve, but can only throw into formal and inadequate,
if not unreal, terms; and laying down the limits of belief and
assertion on matters about which hearts burn and souls tremble, by the
mouth of judges whose consummate calmness and ability is only equalled
by their profound and avowed want of sympathy for the theology of which
their position makes them the expounders and final arbiters. A system
has begun with respect to English Church doctrine, analogous to that by
which Lord Stowell made the recent law of the sea, or that by which on
a larger scale the rescripts and decrees of the Popes moulded the great
system of the canon law.
This is the first thing that strikes us on a comparative survey of this
set of decisions. The second point is one which at first sight seems
greatly to diminish the importance of this new condition of things, but
which on further consideration is seen to have a more serious bearing
than might have been thought. This is, the odd haphazard way in which
points have come up for decision; the sort of apparent chance which has
finally governed the issue of the various contentions; and the
infinitesimally fine character of the few propositions of doctrine to
which the Court has given the sanction of its ruling. Knowing what we
all of us cannot help knowing, and seeing things which lawyers and
judges are bound not to allow themselves to see or take account of, we
find it difficult to repress the feeling of amazement, as we travel
through the volume, to see Mr. Gorham let off, Mr. Heath deprived, then
Dr. Williams and Mr. Wilson let off, and to notice the delicate
technical point which brought to nought the laborious and at one time
hopeful efforts of the worthy persons who tried to turn out Archdeacon
Denison. And as to the matter of the decisions, though undoubtedly
_dicta_ of great importance are laid down in the course of them, yet it
is curious to observe the extremely minute and insignificant statements
on which in the more important cases judgment is actually pronounced.
The Gorham case was held to affect the position of a great party; but
the language and theory actually examined and allowed would hardly, in
legal strictness, authorise much more than the very peculiar views of
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