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
This case stands on the same principle. The rubric indeed seems to
me to imply with some clearness that in the long interval between
Edward VI. and the 14th Charles II. there had been many changes;
but it does not stay to specify them, or distinguish between what
was mere evasion and what was lawful; it quietly passes them all
by, and goes back to the legalised usage of the second year of
Edward VI. What had prevailed since, whether by an Archbishop's
gloss, by Commissions, or even Statutes, whether, in short, legal
or illegal, it makes quite immaterial.
I forbear to go through the long inquiry which these last words
remind one of--not, I am sure, out of any disrespectful feeling to
the learned and reverend authors of the Report, but because it
seems to me wholly irrelevant to the point for decision. This
alone I must add, that even were the inquiry relevant, the
authorities on which they rely do not appear to me so clear or
cogent, nor the analogies relied on so just, as to warrant the
conclusion arrived at. For it should never be forgotten that the
defendant in a criminal case, acquitted as to this charge by the
learned judge below, was entitled to every presumption in his
favour, and could not properly be condemned but by a judgment free
from all reasonable doubt. And this remark acquires additional
strength because the judgment will be final not only on him but on
the whole Church for all time, unless reversed by the Legislature.
On the second point he thus speaks, in terms which for their guarded
moderation are all the more worth notice:--
Upon the second point I have less to say, though it is to me much
the most important. The Report, I think, cannot be shown
conclusively to be wrong here, as it may be on the other; still it
does not seem to me to be shown conclusively to be right. You have
yourself given no reason in your second letter of the 8th March
for doubting at least.
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