otrier than that which the words themselves import. There might be
a seeming difficulty in _fact_, because it might not be known what
vestments were in use by authority of Parliament in the second
year of the reign of King Edward VI.; but this difficulty has been
removed. It is conceded in the Report that the vestments, the use
of which is now condemned, were in use by authority of Parliament
in that year. Having that fact, you are bound to construe the
rubric as if those vestments were specifically named in it,
instead of being only referred to. If an Act should be passed
to-morrow that the uniform of the Guards should henceforth be such
as was ordered for them by authority and used by them in the 1st
George I., you would first ascertain what that uniform was; and,
having ascertained it, you would not inquire into the changes
which may have been made, many or few, with or without lawful
authority, between the 1st George I. and the passing of the new
Act. All these, that Act, specifying the earlier date, would have
made wholly immaterial. It would have seemed strange, I suppose,
if a commanding officer, disobeying the statute, had said in his
defence, "There have been many changes since the reign of George
I.; and as to 'retaining,' we put a gloss on that, and thought it
might mean only retaining to the Queen's use; so we have put the
uniforms safely in store." But I think it would have seemed more
strange to punish and mulct him severely if he had obeyed the law
and put no gloss on plain words.
This case stands on the same principle. The rubric indeed seems to
me to imply with some clearness that in the long interval between
Edward VI. and the 14th Charles II. there had been many changes;
but it does not stay to specify them, or distinguish between what
was mere evasion and what was lawful; it quietly passes them all
by, and goes back to the legalised usage of the second year of
Edward VI. What had prevailed since, whether by an Archbishop's
gloss, by Commissions, or even Statutes, whether, in short, legal
or illegal, it makes quite immaterial.
I forbear to go through the long inquiry which these last words
remind one of--not, I am sure, out of any disrespectful feeling to
the learned and reverend authors of the Report, but because it
seems to me wholly irrelevant to the p
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