arge of wilful unfairness,
to say that considerations of high policy come into their
deliberations; it has been the usual language, ever since the Gorham
case, of men who cared little for the subject-matter of the questions
debated; it is the language of those who urge the advantages of the
Court. "It is a court," as the Bishop of Manchester said the other day,
speaking in its praise, "composed of men who look at things not merely
with the eyes of lawyers, but also with the eyes of statesmen."
Precisely so; and for that reason they must be considered to have the
responsibilities, not only of lawyers, but of statesmen, and their acts
are proportionably open to discussion. Sir John Coleridge urges the
impossibility of any other court; and certainly till we could be
induced to trust an ecclesiastical court, composed of bishops or
clergymen, in a higher degree than we could do at present, we see no
alternative. But to say that a clerical court would be no improvement
is not to prove that the present court is a satisfactory one. It may be
difficult under our present circumstances to reform it. But though we
may have reasons for making the best of it, we may be allowed to say
that it is a singularly ill-imagined and ill-constructed court, and one
in which the great features of English law and justice are not so
conspicuous as they are elsewhere. Suitors do not complain in other
courts either of the ruling, or sometimes of the language of judges, as
they complain in this. But when this is made a ground for joining with
the enemies of all that the English Church holds dear, to bring about a
great break-up of the existing state of things, we agree with Sir John
Coleridge in thinking that a great mistake is made; and if care is not
taken, it may be an irreparable one. He writes:--
I hasten to my conclusion too long delayed, but a word must still
be added on a subject of not less consequence than any I have yet
touched on. You say, "Churchmen will to a very great extent indeed
find relief from the dilemma in a third course, viz. _co-operation
with the political forces_, which, year by year, more and more
steadily are working towards disestablishment. This is not a
menace; it is the statement of a simple fact." I am bound to
believe, and I do believe, you do not intend this as a menace; but
such a statement of a future course to depend on a contingency
cannot but read very much like one--and
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