place, whatever may have happened as yet, it is manifestly
a serious thing for Church of England doctrine to
have been thrown, on a scale which is quite new, into
the domain of a court of law, to lie at the mercy
of the confessed chances and uncertainties of legal
interpretation, with nothing really effective to correct
and remedy what may possibly be, without any fault
in the judges, a fatally mischievous construction
of the text and letter of her authoritative documents.
In the next place, no one can fail to see, no one in
fact affects to deny, that the general result of these
recent decisions, capricious as their conclusions
look at first sight, has been to make the Formularies
mean much less than they were supposed to mean.
The tendency of every English court, appealed to not
as a court of equity but one of criminal jurisdiction,
is naturally to be exacting and even narrow in the
interpretation of language. The general impression
left by these cases is that the lines of doctrine
in the English Church are regarded by the judicial
mind as very faint, and not much to be depended upon;
and that these judgments may be the first steps in
that insensible process by which the unpretending
but subtle and powerful engine of interpretation has
been applied by the courts to give a certain turn
to law and policy; applied, in this instance, to undermine
the definiteness and certainty of doctrine, and in
the end, the understanding itself which has hitherto
existed between the Church and the State, and has
kept alive the idea of her distinct basis, functions,
and rights.
This is the view of matters which arises from an examination
of the proceedings contained in this volume.
What is the argument urged in the Historical Introduction
to justify or recommend our acquiescence in it?
It seems to us to consist mainly in a one-sided and
exaggerated statement of the Supremacy claimed and
brought in by Henry VIII., and of the effect in theory
and fact which it ought to have on our notion of the
Church and of Church right. The complaint of the
present state of things is, that those who may be
taken to represent the interests of the Church in
such a matter as the character of her teaching are
practically excluded from having any real influence
in the decision of questions by which the character
of that teaching is affected. The answer is that
she has no right to claim a separate interest in the
matter, and that the doctrine of the Royal Supremacy
was meant to extinguish, and has extinguished, any
pretence to such a claim. The animus which
pervades the work, and which is not obscurely disclosed
in such things as footnotes and abridgments of legal
arguments, is thus given—more freely, of
course, than it would be proper to introduce in a
book like this—in some remarks of Mr. Brodrick,
one of the editors, at a recent discussion of the
question of Ecclesiastical Appeals in a committee
of the Social Science Association. He is reported
to have spoken as follows:—