sey had been accused and condemned
for having taught doctrine contrary to that of the Church of England,
and that by the authority of the Vice-Chancellor he was suspended from
preaching within the University for two years. But no formal
notification of the transaction was ever made to the University.
The summary suppression of erroneous and dangerous teaching had long
been a recognised part of the University discipline; and with the ideas
then accepted of the religious character of the University, it was
natural that some such power as that given in the Statutes should be
provided. The power, even after all the changes in Oxford, exists still,
and has been recently appealed to. Dr. Pusey, as a member of the
University, had no more right than any other preacher to complain of his
doctrine being thus solemnly called in question. But it is strange that
it should not have occurred to the authorities that, under the
conditions of modern times, and against a man like Dr. Pusey, such power
should be warily used. For it was not only arbitrary power, such as was
exerted in the condemnation of No. 90, but it was arbitrary power acting
under the semblance of a judicial inquiry, with accusers, examination,
trial, judges, and a heavy penalty. The act of a court of justice which
sets at defiance the rules of justice is a very different thing from a
straightforward act of arbitrary power, because it pretends to be what
it is not. The information against Dr. Pusey, if accepted, involved a
trial--that was the fixed condition and point of departure from which
there was no escaping--and if a trial be held, then, if it be not a fair
trial, the proceeding becomes, according to English notions, a flagrant
and cowardly wrong. All this, all the intrinsic injustice, all the
scandal and discredit in the eyes of honest men, was forgotten in the
obstinate and blind confidence in the letter of a vague Statute. The
accused was not allowed to defend or explain himself; he was refused the
knowledge of the definite charges against him; he was refused, in spite
of his earnest entreaties, a hearing, even an appearance in the presence
of his judges. The Statute, it was said, enjoined none of these things.
The name of his accuser was not told him; he was left to learn it by
report To the end of the business all was wrought in secrecy; no one
knows to this day how the examination of the sermon was conducted, or
what were the opinions of the judges. The Stat
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