law of the case is, for the time at least, what the
supreme tribunal has pronounced it to be. People
chafed at not getting what they thought the plain
broad conclusions from facts and documents accepted;
they appealed to law from the uncertainty of controversy,
and found law still more uncertain, and a good deal
more dangerous. They thought that they were going
to condemn crimes and expel wrongdoers; they found
that these prosecutions inevitably assumed the character
of the old political trials, which were but an indirect
and very mischievous form of the struggle between two
avowed parties, and in which, though the technical
question was whether the accused had committed the
crime, the real one was whether the alleged crime were
a crime at all. Accordingly, wider considerations
than those arising out of the strict merits of the
case told upon the decision; and the negative judgment,
and resolute evasion of a condemnation, in each of
the cases which were of wide and serious importance,
were proofs of the same tendency in English opinion
which has made political trials, except in the most
extreme cases, almost inconceivable. They mean
that the questions raised must be fought out and settled
in a different and more genuine way, and that law
feels itself out of place when called to interfere
in them. As all parties have failed in turning
the law into a weapon, and yet as all parties have
really gained much more than they have lost by the
odd anomalies of our ecclesiastical jurisprudence,
the wisest course would seem to be for those who feel
the deep importance of doctrinal questions to leave
the law alone, either as to employing it or attempting
to change it. Controversy, argument, the display
of the intrinsic and inherent strength of a great
and varied system, are what all causes must in the
last resort trust to. Lord Westbury will have
done the Church of England more good than perhaps he
thought of doing, if his dicta make theologians
see that they can be much better and more hopefully
employed than in trying legal conclusions with unorthodox
theorisers, or in busying themselves with inventing
imaginary improvements for a Final Court of Appeal.
III
PRIVY COUNCIL JUDGMENTS[4]
[4] A Collection of the Judgments of the Judicial Committee of the Privy Council in Ecclesiastical Cases relating to Doctrine and Discipline; with a Preface by the Lord Bishop of London, and an Historical Introduction. Edited by the Hon. G. Brodrick, Barrister-at-Law, and Rev. the Hon. W.H. Fremantle, Chaplain to the Bishop of London. Guardian, 15th February 1865.
The Bishop of London has done a useful service in causing the various decisions of the present Court of Appeal to be collected into a volume. There is such an obvious convenience about the plan that it hardly needed the conventional reason given for it, that “the knowledge generally possessed