in the course of time its sounder and better supported
view might prevail. But now upon this state of
things comes from without a dry, legal, narrow stereotyping,
officially and by authority, of the sense to be put
upon part of the documents in the controversy.
You appeal to the Prayer-book; your opponent tells
you, Oh, the Court of Appeal has ruled against you
there: and that part of your case is withdrawn
from you, and he need give himself no trouble to argue
the matter with you. Against certain theological
positions, perhaps of great weight, and theological
evidence, comes, not only the doctrine of theological
opponents, but the objection that they are bad law.
The interpretation which, it may be, we have assumed
all our lives, and which we know to be that of Fathers
and divines, is suddenly pronounced not to be legal.
The decision does not close the controversy, which
goes on as keenly and with perhaps a little more exasperation
than before; it simply stops off, by virtue of a legal
construction, a portion of the field of argument for
one party, which was, perhaps, supposed to have the
strongest claim to it. The Gorham case bred others;
and now, at last, after fifteen years, we have got,
as may be seen in Messrs. Brodrick and Fremantle’s
book, a body of judicial dicta, interpretations,
rules of exposition, and theological propositions,
which have grown up in the course of these cases,
and which in various ways force a meaning and construction
on the theological standards and language of the Church,
which in some instances they were never thought to
have, and which they certainly never had authoritatively
before. Besides her Articles and Prayer-hook,
speaking the language of divines and open to each
party to interpret according to the strength and soundness
of their theological ground, we are getting a supplementary
set of legal limitations and glosses, claiming to
regulate theological argument if not teaching, and
imposed upon us by the authority not of the Church
or even of Parliament but of the Judges of the Privy
Council. This, it strikes us, is a new position
of things in the Church, a new understanding and a
changed set of conditions on which to carry on controversies
of doctrine; and it seems to us to have a serious
influence not only on the responsibility of the Church
for her own doctrine, but on the freedom and genuineness
with which questions as to that doctrine are discussed.
The Court is not to blame for this result; to do it
justice, it has generally sought to decide as little
as it could; and the interference of law with the
province of pure theology is to be rather attributed
to that mania for deciding, which of late has taken
possession pretty equally of all parties. But
the indisputable result is seen to be, after the experience
of fifteen years, that law is taking a place in our
theological disputes and our theological system which
is new to it in our theological history; law, not
laid down prospectively in general provisions, but