So far the law seems most clear, and the judgment quite incontestible.
But leaving the strait limits of the law, and looking at the facts in
evidence, there is one part of the judgment which to the common lay mind
is simply astonishing. Their most learned lordships “_desire to state in
the most emphatic manner that there is not before them any evidence that
the appellant entertains the doctrines attributed to him by the Dean of
Arches_;” wherefore their most learned and subtle lordships “do not mean
to decide that those doctrines are otherwise than inconsistent with the
formularies of the Church of England.” Nor, of course, do they mean to
decide that those doctrines _are_ inconsistent with, those formularies.
No, “This is not the subject for their lordships’ present
consideration.” Indeed, “If they were [had been] called upon to decide
that [whether] those opinions, or any of them, could be entertained or
expressed by a member of the Church, whether layman or clergyman,
consistently with the law and with his remaining in communion with the
Church, they would have looked upon this case with much greater anxiety
than they now feel in its decision.”
Mr. Jenkins compiles and publishes a book of “Selections from the
Bible,” carefully excluding all passages relating to the Devil and evil
spirits. The book is bulky; and, in fact, though this is not expressly
stated, seems to contain pretty well all the Bible except such passages.
He further exhibits in the case a book of selections from the liturgy of
the Church of England, apparently compiled on the same principle of
exclusion.. Mr. Cook sends through Mrs. J. a message: “Let Mr. J. write
me a calm letter, and say he believes in the Devil, and I will give him
the Sacrament.” Mr. J. replies, as we have seen, that the parts he has
omitted are, in his opinion, quite incompatible with religion or
decency, _in their generally received sense_; such generally received
sense being evidently (to all of us save their most learned and subtle
lordships) that in which the Church of England receives them. Mr. C.
replies, “Then I must refuse you the Communion.” Mr. J. answers,
“Thinking as you do, I do not see what other course you could con-.
sistently have taken;” and resolves to test the question of legality.
With these facts staring them in the face, their most learned and most
subtle lordships can, with the utmost solemnity, and in the most
emphatic manner, declare that there is not any evidence before them that
Mr. Jenkins does not believe in the Devil in the common Church of
England sense! What the eyes of laymen, however purblind, cannot help
seeing clearly, their far-sighted lordships, putting on legal
spectacles, dim with the dust of many ages, manage not to discern at
all.
Public-domain text, read in full here on John Shaqi.
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