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
If you allege that the Church has a spiritual authority to
regulate doctrines and discipline, still, as you choose to back
that authority with the force of temporal law, and as the State is
exclusively responsible for the use of that force, you must be
content to fold up the authority of the Church in that exterior
form through which you desire it to take effect. From whatsoever
source it may come originally, it comes to the subject as law; it
therefore comes to him from the fountain of law.... The faith of
Christendom has been received in England; the discipline of the
Christian Church, cast into its local form, modified by statutes
of the realm, and by the common law and prerogative, has from time
immemorial been received in England; but we can view them only as
law, although you may look further back to the divine and
spiritual sanction, in virtue of which they acquired that social
position, which made it expedient that they should associate with
law and should therefore become law.
But as to the doctrine itself, it is most obvious to notice that it is
not more strange, and not necessarily more literally real, than those
other legal views of royal prerogative and perfection, which are the
received theory of all our great jurists--accepted by them for very
good reasons, but not the less astounding when presented as naked and
independent truths. It was natural enough that they should claim for
the Crown the origination of ecclesiastical jurisdiction, considering
what else they claimed for it. Mr. Allen can present us with a more
than Chinese idea of royal power, when he draws it only from
Blackstone:--
They may have heard [he says, speaking of the "unlearned in the
law"] that the law of England is founded in reason and wisdom. The
first lesson they are taught will inform them, that the law of
England attributes to the King absolute perfection, absolute
immortality, and legal ubiquity. They will be told that the King
of England is not only incapable of doing wrong, but of thinking
wrong. They will be informed that he never dies, that he is
invisible as well as immortal, and that in the eye of the law he
is present at one and the same instant in every court of justice
within his dominions.... They may have been told that the royal
prerogative in England is limited; but when they consult the sages
of the law, they will be assured that the legal authority of the
King of England is absolute and irresistible ... that all are
under him, while he is under none but God....
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account