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
Now Mr. Purchas has been tried before the Committee for offences
alleged to have been committed against the provisions of the "Act
of Uniformity"; of this Act the Common Prayer Book is part and
parcel. As to the vestments, his conduct was alleged to be in
derogation of the rubric as to the ornaments of the Church and the
ministers thereof, which ordains that such shall be retained and
be in use as were in the Church of England by the authority of
Parliament in the second year of the reign of King Edward VI. The
Act of Uniformity is to be construed by the same rules exactly as
any Act passed in the last session of Parliament. The clause in
question (by which I mean the rubric in question) is perfectly
unambiguous in language, free from all difficulty as to
construction; it therefore lets in no argument as to intention
otrier than that which the words themselves import. There might be
a seeming difficulty in _fact_, because it might not be known what
vestments were in use by authority of Parliament in the second
year of the reign of King Edward VI.; but this difficulty has been
removed. It is conceded in the Report that the vestments, the use
of which is now condemned, were in use by authority of Parliament
in that year. Having that fact, you are bound to construe the
rubric as if those vestments were specifically named in it,
instead of being only referred to. If an Act should be passed
to-morrow that the uniform of the Guards should henceforth be such
as was ordered for them by authority and used by them in the 1st
George I., you would first ascertain what that uniform was; and,
having ascertained it, you would not inquire into the changes
which may have been made, many or few, with or without lawful
authority, between the 1st George I. and the passing of the new
Act. All these, that Act, specifying the earlier date, would have
made wholly immaterial. It would have seemed strange, I suppose,
if a commanding officer, disobeying the statute, had said in his
defence, "There have been many changes since the reign of George
I.; and as to 'retaining,' we put a gloss on that, and thought it
might mean only retaining to the Queen's use; so we have put the
uniforms safely in store." But I think it would have seemed more
strange to punish and mulct him severely if he had obeyed the law
and put no gloss on plain words.
Public-domain text, read in full here on John Shaqi.
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