So far, so well; the Church of England was assured of the Devil and the
eternal punishment it has always held so dear. But Mr. Jenkins appealed
to the highest court, and this has reversed the decision of the lower,
admonished Mr. Cook for his conduct in the past, monished him to refrain
from the like offence in future, and condemned him in the costs of both
suits. Do you think, then, that the Church of England is authoritatively
deprived of her dear Devil and her beloved eternal punishment? Not at
all; the really important problem is evaded with consummate lawyerlike
wariness; the points in dispute are most shiftily shifted like slides of
a magic lantern; we have a new decision essentially unrelated to that
which it cancels; we have a judgment which concerns not the Devil—except
that he would chuckle over the too clever unwisdom which fancies it can
extinguish “burning questions” with legal wigs.
Their most learned lordships in the first place observe that the learned
judge of the Court of Arches appears to have considered that the canon
and the rubric severally warrant the repulsion from the Lord’s table of
“an evil liver,” and “a depraver of the Book of Common Prayer,” whereas
the terms are “an open and notorious evil liver,” and “common and
notorious depravers.” This is a most pregnant distinction, teaching us
that an evil liver and a depraver of the said book, as long as he is not
notoriously such, is fully entitled to the Holy Communion, fully
entitled to the privilege of “eating and drinking damnation to himself?”
a privilege from which the notorious evil liver and depraver is
righteously debarred.
Now, their most learned lordships find that there is absolutely no
evidence that the appellant was an evil liver, much less an open and
notorious evil liver. The Question follows, Was he a common and
notorious depraver of the Book of Common Prayer? It was contended that
the Selections, coupled with the letter of July 20, proved him to be
this. But the letter was not written spontaneously. He was invited by
the respondent, Mr. Cook, to write it. It was a friendly and private, as
well as a solicited, communication. Therefore, whatever be the
construction of the letter, and even if there be in it a depravation of
the Book of Common Prayer, still it would be impossible to hold that the
writing of such a letter in such circumstances could make the appellant
“a common and notorious depraver.” Whence it is clear that a man may
deprave the Book of Common Prayer as much as he pleases in private
conversation and letters, yet retain the precious privilege of “eating
and drinking damnation to himself” in the Holy Communion; he can only
forfeit this by common and notorious depravation of that blessed
book—for instance, by a depravation repeatedly published in a newspaper,
or persistently proclaimed by the town-crier.
Public-domain text, read in full here on John Shaqi.
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