Occasional Papers eBook

Richard William Church
This eBook from the Gutenberg Project consists of approximately 447 pages of information about Occasional Papers.

Occasional Papers eBook

Richard William Church
This eBook from the Gutenberg Project consists of approximately 447 pages of information about Occasional Papers.
emerging indirectly and incidentally out of constructions and judicial rulings on cases of pressing and hazardous exigency; law, applying its technical and deliberately narrow processes to questions which of course it cannot solve, but can only throw into formal and inadequate, if not unreal, terms; and laying down the limits of belief and assertion on matters about which hearts burn and souls tremble, by the mouth of judges whose consummate calmness and ability is only equalled by their profound and avowed want of sympathy for the theology of which their position makes them the expounders and final arbiters.  A system has begun with respect to English Church doctrine, analogous to that by which Lord Stowell made the recent law of the sea, or that by which on a larger scale the rescripts and decrees of the Popes moulded the great system of the canon law.

This is the first thing that strikes us on a comparative survey of this set of decisions.  The second point is one which at first sight seems greatly to diminish the importance of this new condition of things, but which on further consideration is seen to have a more serious bearing than might have been thought.  This is, the odd haphazard way in which points have come up for decision; the sort of apparent chance which has finally governed the issue of the various contentions; and the infinitesimally fine character of the few propositions of doctrine to which the Court has given the sanction of its ruling.  Knowing what we all of us cannot help knowing, and seeing things which lawyers and judges are bound not to allow themselves to see or take account of, we find it difficult to repress the feeling of amazement, as we travel through the volume, to see Mr. Gorham let off, Mr. Heath deprived, then Dr. Williams and Mr. Wilson let off, and to notice the delicate technical point which brought to nought the laborious and at one time hopeful efforts of the worthy persons who tried to turn out Archdeacon Denison.  And as to the matter of the decisions, though undoubtedly dicta of great importance are laid down in the course of them, yet it is curious to observe the extremely minute and insignificant statements on which in the more important cases judgment is actually pronounced.  The Gorham case was held to affect the position of a great party; but the language and theory actually examined and allowed would hardly, in legal strictness, authorise much more than the very peculiar views of Mr. Gorham himself.  And in the last case, the outside lay world has hardly yet done wondering at the consummate feat of legal subtlety by which the issue whether the English Church teaches that the Bible is inspired was transmuted into the question whether it teaches that every single part of every single book is inspired.  It might seem that rulings, of which the actual product in the way of doctrinal propositions was so small, were hardly subjects for any keen interest.  But it would be shortsighted to regard the matter in this way.  In the first

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Occasional Papers from Project Gutenberg. Public domain.