FREE BOOKS

Author's List




PREV.   NEXT  
|<   27   28   29   30   31   32   33   34   35   36   37   38   39   40   41   42   43   44   45   46   47   48   49   50   51  
52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   76   >>   >|  
sed to mean. The tendency of every English court, appealed to not as a court of equity but one of criminal jurisdiction, is naturally to be exacting and even narrow in the interpretation of language. The general impression left by these cases is that the lines of doctrine in the English Church are regarded by the judicial mind as very faint, and not much to be depended upon; and that these judgments may be the first steps in that insensible process by which the unpretending but subtle and powerful engine of interpretation has been applied by the courts to give a certain turn to law and policy; applied, in this instance, to undermine the definiteness and certainty of doctrine, and in the end, the understanding itself which has hitherto existed between the Church and the State, and has kept alive the idea of her distinct basis, functions, and rights. This is the view of matters which arises from an examination of the proceedings contained in this volume. What is the argument urged in the Historical Introduction to justify or recommend our acquiescence in it? It seems to us to consist mainly in a one-sided and exaggerated statement of the Supremacy claimed and brought in by Henry VIII., and of the effect in theory and fact which it ought to have on our notion of the Church and of Church right. The complaint of the present state of things is, that those who may be taken to represent the interests of the Church in such a matter as the character of her teaching are practically excluded from having any real influence in the decision of questions by which the character of that teaching is affected. The answer is that she has no right to claim a separate interest in the matter, and that the doctrine of the Royal Supremacy was meant to extinguish, and has extinguished, any pretence to such a claim. The _animus_ which pervades the work, and which is not obscurely disclosed in such things as footnotes and abridgments of legal arguments, is thus given--more freely, of course, than it would be proper to introduce in a book like this--in some remarks of Mr. Brodrick, one of the editors, at a recent discussion of the question of Ecclesiastical Appeals in a committee of the Social Science Association. He is reported to have spoken as follows:-- The Church of England being established by law, could not be allowed any independence of action; and those who wished for it were like people who wanted to have their cake and eat
PREV.   NEXT  
|<   27   28   29   30   31   32   33   34   35   36   37   38   39   40   41   42   43   44   45   46   47   48   49   50   51  
52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   76   >>   >|  



Top keywords:
Church
 

doctrine

 

things

 

Supremacy

 
matter
 
character
 

teaching

 
applied
 

interpretation

 

English


extinguish

 

questions

 
affected
 

decision

 
influence
 
independence
 

extinguished

 

answer

 
separate
 

interest


allowed

 

action

 

present

 
complaint
 

notion

 
wanted
 

wished

 

practically

 

people

 

represent


interests

 

excluded

 
animus
 

Brodrick

 

editors

 

remarks

 
England
 
recent
 

spoken

 

Social


Science

 

Association

 

committee

 

Appeals

 
discussion
 

question

 
Ecclesiastical
 

introduce

 
footnotes
 

abridgments