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
Such words are a just rebuke to much of the inconsiderate talk which
follows on any public act which touches the feelings, perhaps the
highest and purest feelings of men with deep convictions. Perhaps Mr.
Liddon's words were unguarded ones. But at the same time it is
necessary to state without disguise what is the truth in this matter.
It is necessary for the sake of justice and historical truth. The Court
of Final Appeal is not like other courts. It is not a pure and simple
court of law, though it is composed of great lawyers. It is doubtless a
court where their high training and high professional honour come in,
as they do elsewhere. But great lawyers are men, partisans and
politicians, statesmen, if you like; and this is a court where they are
not precluded, in the same degree as they are in the regular courts by
the habits and prescriptions of the place, from thinking of what comes
before them in its relation to public affairs. It is no mere invention
of disappointed partisans, it is no idle charge of wilful unfairness,
to say that considerations of high policy come into their
deliberations; it has been the usual language, ever since the Gorham
case, of men who cared little for the subject-matter of the questions
debated; it is the language of those who urge the advantages of the
Court. "It is a court," as the Bishop of Manchester said the other day,
speaking in its praise, "composed of men who look at things not merely
with the eyes of lawyers, but also with the eyes of statesmen."
Precisely so; and for that reason they must be considered to have the
responsibilities, not only of lawyers, but of statesmen, and their acts
are proportionably open to discussion. Sir John Coleridge urges the
impossibility of any other court; and certainly till we could be
induced to trust an ecclesiastical court, composed of bishops or
clergymen, in a higher degree than we could do at present, we see no
alternative. But to say that a clerical court would be no improvement
is not to prove that the present court is a satisfactory one. It may be
difficult under our present circumstances to reform it. But though we
may have reasons for making the best of it, we may be allowed to say
that it is a singularly ill-imagined and ill-constructed court, and one
in which the great features of English law and justice are not so
conspicuous as they are elsewhere. Suitors do not complain in other
courts either of the ruling, or sometimes of the language of judges, as
they complain in this. But when this is made a ground for joining with
the enemies of all that the English Church holds dear, to bring about a
great break-up of the existing state of things, we agree with Sir John
Coleridge in thinking that a great mistake is made; and if care is not
taken, it may be an irreparable one. He writes:--
Public-domain text, read in full here on John Shaqi.
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