Remarks upon the First Report of the Royal Commission on Ritual in connection with the integrity of the Book of Common Prayer: A lecture delivered at the Annual Meeting of the Brighton Branch of the English Church Union, Nov. 27, 1867Mayow, Mayow Wynell
Religion
Remarks upon the First Report of the Royal Commission on Ritual in connection with the integrity of the Book of Common Prayer: A lecture delivered at the Annual Meeting of the Brighton Branch of the English Church Union, Nov. 27, 1867
Mayow, Mayow Wynell
Church of England. Book of common prayer; Great Britain. Commissioners Appointed to Inquire into the Rubrics, Orders, and Directions for Regulating the Course and Conduct of Public Worship, &c, According to the Use of the United Church of England and Ireland; Ritualism -- History -- 19th century
And here I must say a word as to such alteration of the law, if made,
being what one of the resolutions passed at St. James’s Hall termed it,
_ex post facto_ legislation. A good deal has been said upon this topic,
and we are told that if you call such legislation _ex post facto_, then
all legislation is such, when it forbids for the future what has been
permitted in the past; and we are reminded that the true sense of _ex
__post facto_ legislation is when a penalty is placed, by a new law, upon
acts done before the law was altered. Now first let me remark that, even
without coming exactly up to the definition, you yet draw very near to
the substance of _ex post facto_ legislation if you make a one-sided
change to catch only one side or one party whom you make offenders under
the new law, and when it is a law framed expressly and on purpose to
catch the men on one side and let the others go free. Whether this be
technically _ex post facto_ or not, it comes exactly to that which, in a
passage already quoted from the Bishop of Gloucester and Bristol’s
Charge, is described by him as likely to cause “rankling bitterness, from
the thus greatly increased conviction that the law is really in favour of
those to be restrained; and being so, is overridden by an _unjust Act of
Parliament_.” But, secondly, there is another way in which such an
enactment would come very near indeed to _ex post facto_ legislation—I
mean where it disturbs a great settlement of many years’ standing, which
has induced men to enter into numerous and weighty engagements, from
which you cannot free them if you would, when you change their _status_
in relation to their obligations. To take an illustration. The country
has entered into such a kind of contract with the fundholder. Millions
are embarked in the Funds upon the faith of a great settlement the
principles of which shall never be departed from; and to depart from
which would be _ex post facto_ legislation, practically putting a penalty
upon those who had come under voluntary obligations upon the strength of
those principles and that settlement. But it may be said, nevertheless,
the country does sometimes vary the contracts and alter the rate of
interest towards its creditors. Yes! but what would be thought of the
minister who proposed to do this, without offering, as the alternative,
to pay the lender off in full; to replace him in the position in which he
stood originally? And if, without offering this, he proposed to alter
his _status_, who would not feel there was an unjust _ex post facto_
alteration of the law? Now, upon such a great, just, and deliberate
settlement, have men entered into relations with the established Church
of this country. And here the State _cannot_ set them free, or replace
them in the position in which they stood before they accepted the cure of
souls within her pale. The Legislature _cannot_ give them the
alternative offer: and therefore, again, such a change as alters the
Public-domain text, read in full here on John Shaqi.
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