The gist of his Letter may be shortly stated. He is inclined to think

the decision arrived at by the Judicial Committee a mistaken one. But

he thinks that it would be a greater and a worse mistake to make this

decision, wrong as it may be, a reason for looking favourably on

disestablishment as a remedy for what is complained of. We are glad to

note the judgment of so fair an observer and so distinguished a lawyer,

himself a member of the Privy Council, both on the intrinsic

suitableness and appropriateness of the position[6] which has been

ruled to be illegal, and on the unsatisfactoriness of the

interpretation itself, as a matter of judicial reading and

construction. A great deal has been said, and it is plain that the

topic is inexhaustible, on the unimportance of a position. We agree

entirely--on condition that people remember the conditions and

consequences of their assertion. Every single outward accompaniment of

worship may, if you carry your assertion to its due level, be said to

be in itself utterly unimportant; place and time and form and attitude

are all things not belonging to the essence of the act itself, and are

indefinitely changeable, as, in fact, the changes in them have been

countless. Kneeling is not of the essence of prayer, but imagine, first

prohibiting the posture of kneeling, and then remonstrating with those

who complained of the prohibition, on the ground of postures being

unimportant. It is obvious that when you have admitted to the full that

a position is in itself unimportant, all kinds of reasons may come in

on the further question whether it is right, fitting, natural. There

are reasons why the position which has been so largely adopted of late

is the natural and suitable one. Sir John Coleridge states them

admirably:--

[6]

The Eastward Position at the celebration of the Holy Communion.

As to the place of standing at the consecration, my _feeling_ is

with them. It seems to me not desirable to make it essential or

even important that the people should see the breaking of the

bread, or the taking the cup into the hands of the priest, and

positively mischievous to encourage them in gazing on him, or

watching him with critical eyes while so employed. I much prefer

the _spirit of_ the Rubric of 1549--First Book of Edward

VI.--which says, "These words before rehearsed are to be said

turning still to the Altar, without any elevation, or showing the

Sacraments to the people." The use now enforced, I think, tends to

deprive the most solemn rite of our religion of one of its most

solemn particulars. Surely, whatever school we belong to, and even

if we consider the whole rite merely commemorative, it is a very

solemn idea to conceive the priest at the head of his flock, and,

as it were, a shepherd leading them on in heart and spirit,

imploring for them and with them the greatest blessing which man

is capable of receiving on earth; he alone uttering the

prayer--they meanwhile kneeling all, and in deep silence

listening, not gazing, rather with closed eyes--and with their

whole undistracted attention, joining in the prayer with one heart

and without sound until the united "Amen" breaks from them at the

close, and seals their union and assent.

But, of course, comes the further question, whether, an English

clergyman is authorised to use it. He is not authorised if the Prayer

Book tells him not to. Of that there is no question. But if the Prayer

Book not only seems to give him the liberty, but, by the _prima facie_

look of its words, seems to prescribe it, the harshness of a ruling

which summarily and under penalties prohibits it is not to be smoothed

down by saying that the matter is unimportant. Sir John Coleridge's

view of the two points will be read with interest:--

You will understand, of course, that I write in respect of the

Report recently made by the Judicial Committee in the Purchas

case. I am not about to defend it. No one, however, ought to

pronounce a condemnation of the solemn judgment of such a tribunal

without much consideration; and this remark applies with, special

force to myself, well knowing as I do those from whom it

proceeded, and having withdrawn from sharing in the labours of the

Committee only because age had impaired, with the strength of my

body, the faculties also of my mind; and so disabled me from the

proper discharge of any judicial duties. With this admission on my

part, I yet venture to say that I think Mr. Purchas has not had

justice done to him in two main points of the late appeal; I mean

the use of the vestments complained of and the side of the

communion-table which he faced when consecrating the elements for

the Holy Communion. Before I state my reasons, let me premise that

I am no Ritualist, in the now conventional use of the term. I do

not presume to judge of the motives of those to whom that name is

applied. From the information of common but undisputed report as

to some of the most conspicuous, I believe them entitled to all

praise for their pastoral devotedness and their laborious,

self-denying lives; still, I do not shrink from saying that I

think them misguided, and the cause of mischief in the Church. So

much for my _feeling_ in regard to the vestments. I prefer the

surplice at all times and in all ministrations.

This is _feeling_--and I see no word in the sober language of our

rubric which interferes with it--but my _feeling_ is of no

importance in the argument, and I mention it only in candour, to

show in what spirit I approach the argument.

Now Mr. Purchas has been tried before the Committee for offences

alleged to have been committed against the provisions of the "Act

of Uniformity"; of this Act the Common Prayer Book is part and

parcel. As to the vestments, his conduct was alleged to be in

derogation of the rubric as to the ornaments of the Church and the

ministers thereof, which ordains that such shall be retained and

be in use as were in the Church of England by the authority of

Parliament in the second year of the reign of King Edward VI. The

Act of Uniformity is to be construed by the same rules exactly as

any Act passed in the last session of Parliament. The clause in

question (by which I mean the rubric in question) is perfectly

unambiguous in language, free from all difficulty as to

construction; it therefore lets in no argument as to intention

otrier than that which the words themselves import. There might be

a seeming difficulty in _fact_, because it might not be known what

vestments were in use by authority of Parliament in the second

year of the reign of King Edward VI.; but this difficulty has been

removed. It is conceded in the Report that the vestments, the use

of which is now condemned, were in use by authority of Parliament

in that year. Having that fact, you are bound to construe the

rubric as if those vestments were specifically named in it,

instead of being only referred to. If an Act should be passed

to-morrow that the uniform of the Guards should henceforth be such

as was ordered for them by authority and used by them in the 1st

George I., you would first ascertain what that uniform was; and,

having ascertained it, you would not inquire into the changes

which may have been made, many or few, with or without lawful

authority, between the 1st George I. and the passing of the new

Act. All these, that Act, specifying the earlier date, would have

made wholly immaterial. It would have seemed strange, I suppose,

if a commanding officer, disobeying the statute, had said in his

defence, "There have been many changes since the reign of George

I.; and as to 'retaining,' we put a gloss on that, and thought it

might mean only retaining to the Queen's use; so we have put the

uniforms safely in store." But I think it would have seemed more

strange to punish and mulct him severely if he had obeyed the law

and put no gloss on plain words.

This case stands on the same principle. The rubric indeed seems to

me to imply with some clearness that in the long interval between

Edward VI. and the 14th Charles II. there had been many changes;

but it does not stay to specify them, or distinguish between what

was mere evasion and what was lawful; it quietly passes them all

by, and goes back to the legalised usage of the second year of

Edward VI. What had prevailed since, whether by an Archbishop's

gloss, by Commissions, or even Statutes, whether, in short, legal

or illegal, it makes quite immaterial.

I forbear to go through the long inquiry which these last words

remind one of--not, I am sure, out of any disrespectful feeling to

the learned and reverend authors of the Report, but because it

seems to me wholly irrelevant to the point for decision. This

alone I must add, that even were the inquiry relevant, the

authorities on which they rely do not appear to me so clear or

cogent, nor the analogies relied on so just, as to warrant the

conclusion arrived at. For it should never be forgotten that the

defendant in a criminal case, acquitted as to this charge by the

learned judge below, was entitled to every presumption in his

favour, and could not properly be condemned but by a judgment free

from all reasonable doubt. And this remark acquires additional

strength because the judgment will be final not only on him but on

the whole Church for all time, unless reversed by the Legislature.

On the second point he thus speaks, in terms which for their guarded

moderation are all the more worth notice:--

Upon the second point I have less to say, though it is to me much

the most important. The Report, I think, cannot be shown

conclusively to be wrong here, as it may be on the other; still it

does not seem to me to be shown conclusively to be right. You have

yourself given no reason in your second letter of the 8th March

for doubting at least.

Let me add that, in my opinion, on such a question as this, where

a conclusion is to be arrived at upon the true meaning of Rubrics

framed more than two centuries since, and certainly not with a

view to any such minute criticism as on these occasions is and

must be applied to them, and where the evidence of facts is by no

means clear, none probably can be arrived at free from reasonable

objection. What is the consequence? It will be asked, Is the

question to receive no judicial solution? I am not afraid to

answer, Better far that it should receive none than that injustice

should be done. The principles of English law furnish the

practical solution: dismiss the party charged, unless his

conviction can be based on grounds on which reasonable and

competent minds can rest satisfied and without scruple. And what

mighty mischief will result to countervail the application of this

rule of justice? For two centuries our Church has subsisted

without an answer to the question which alone gives importance to

this inquiry, and surely has not been without God's blessing for

that time, in spite of all much more serious shortcomings. Let us

remember that Charity, or to use perhaps a better word, Love, is

the greatest of all; if that prevail there need be little fear for

our Faith or our Hope.

Having said this much, Sir John Coleridge proceeds to the second, and

indeed the main object of his letter--to remonstrate against

exaggeration in complaint, both of the particular decision and of the

Court which gave it:--

I now return to your letter. You proceed to attempt to show that

the words of Keble to yourself, which you cite, are justified by

remarks in this Report and some previous judgments of the same

tribunal, which appear to you so inconsistent with each other as

to make it difficult to believe that the Court was impartial, or

"incapable of regarding the documents before it in the light of a

plastic material, which might be made to support conclusions held

to be advisable at the moment, and on independent grounds." I wish

these words had never been written. They will, I fear, be

understood as conveying your formed opinions; and coming from you,

and addressed to minds already excited and embittered, they will

be readily accepted, though they import the heaviest charges

against judges--some of them bishops--all of high and hitherto

unimpeached character. A very long experience of judicial life

makes me know that judges will often provoke and bitterly

disappoint both the suitors before them and the public, when

discharging their duty honestly and carefully, and a man is

scarcely fit for the station unless he can sit tolerably easy

under censures which even these may pass upon him. Yet,

imputations of partiality or corruption are somewhat hard to bear

when they are made by persons of your station and character. When

the Judicial Committee sits on appeals from the Spiritual Courts,

it _may_ certainly be under God's displeasure, the members _may_

be visited with judicial blindness, and deprived of the integrity

which in other times and cases they manifest. Against such a

supposition there is no direct argument, and I will not enter into

such a disputation. I have so much confidence in your generosity

and candour, on reflection, as to believe you would not desire I

should.

In the individual case I simply protest against the insinuation. I

add a word or two by way of general observation.

No doubt you have read the judgments in all the cases you allude

to carefully; but have you read the pleadings and arguments of the

counsel, so as to know accurately the points raised for the

consideration of those who were to decide? To know the offence

charged and the judgment pronounced may suffice in some cases for

an opinion by a competent person, whether the one warranted the

other; but more is required to warrant the imputation of

inconsistency, partiality, or indirect motives. He who takes this

on himself should know further how the pleadings and the arguments

presented the case for judgment, and made this or that particular

relevant in the discussion. Every one at all familiar with this

matter knows that a judgment not uncommonly fails to reflect the

private opinion of the judge on the whole of a great point,

because the issues of law or fact actually brought before him, and

which alone he was bound to decide, did not bring this before him.

And this rule, always binding, is, of course, never more so than

in regard to a Court of Final Appeal, which should be careful not

to conclude more than is regularly before it. Let me add that a

just and considerate person will wholly disregard the gossip which

flies about in regard to cases exciting much interest; passing

words in the course of an argument, forgotten when the judgment

comes to be considered, are too often caught up, as having guided

the final determination.

Such words are a just rebuke to much of the inconsiderate talk which

follows on any public act which touches the feelings, perhaps the

highest and purest feelings of men with deep convictions. Perhaps Mr.

Liddon's words were unguarded ones. But at the same time it is

necessary to state without disguise what is the truth in this matter.

It is necessary for the sake of justice and historical truth. The Court

of Final Appeal is not like other courts. It is not a pure and simple

court of law, though it is composed of great lawyers. It is doubtless a

court where their high training and high professional honour come in,

as they do elsewhere. But great lawyers are men, partisans and

politicians, statesmen, if you like; and this is a court where they are

not precluded, in the same degree as they are in the regular courts by

the habits and prescriptions of the place, from thinking of what comes

before them in its relation to public affairs. It is no mere invention

of disappointed partisans, it is no idle charge 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 against your intention it

may well be understood as such. You do not say that _you_ are one

who will co-operate with the political party which now seeks to

disestablish the Church in accomplishing its purpose, and I do not

suppose you ever will. But on behalf, not so much of the clergy as

of the laity--on behalf of the worshippers in our churches, of the

sick to be visited at home--of the poor in their cottages, of our

children in their schools--of our society in general, I entreat

those of the clergy who are now feeling the most acutely in this

matter, not to suffer their minds to be so absorbed by the present

grievance as to take no thought of the evils of disestablishment.

I am not foolishly blind to the faults of the clergy--indeed I

fear I am sometimes censorious in regard to them--and some of

their faults I do think may be referable to Establishment; the

possession of house and land, and a sort of independence of their

parishioners, in some cases seems to tend to secularity. I regret

sometimes their partisanship at elections, their speeches at

public dinners. But what good gift of God is not liable to abuse

from men? Taken as a whole, we have owed, and we do owe, under

Him, to our Established clergy more than we can ever repay, much

of it rendered possible by their Establishment. I may refer, and

now with special force, to Education--their services in this

respect no one denies--and but for Establishment these, I think,

could not have been so effectively and systematically rendered. We

are now in a great crisis as to this all-important matter.

Concurring, as I do heartily, in the praise which has been

bestowed on Mr. Forster, and expecting that his great and arduous

office will be discharged with perfect impartiality by him, and

with a just sense of how much is due to the clergy in this

respect, still it cannot be denied that the powers conferred by

the Legislature on the holder of it are alarmingly great, even if

necessary; and who shall say in what a spirit they may be

exercised by his successor? For the general upholding of religious

education, in emergencies not improbable, to whom can we look in

general so confidently as to the parochial clergy? I speak now

specially in regard to parishes such as I am most familiar with,

in agricultural districts, small, not largely endowed, sometimes

without resident gentry, and with the land occupied by

rack-renting farmers, indifferent or hostile to education.

In what Sir John Coleridge urges against the fatal step of welcoming

disestablishment under an impatient sense of injustice we need not say

that we concur most earnestly. But it cannot be too seriously

considered by those who see the mischief of disestablishment, that as

Sir John Coleridge also says, the English Churrh is, in one sense, a

divided one; and that to pursue a policy of humiliating and crippling

one of its great parties must at last bring mischief. The position of

the High Church party is a remarkable one. It has had more against it

than its rivals; yet it is probably the strongest of them all. It is

said, probably with reason, to be the unpopular party. It has been the

stock object of abuse and sarcasm with a large portion of the press. It

has been equally obnoxious to Radical small shopkeepers and "true blue"

farmers and their squires. It has been mobbed in churches and censured

in Parliament. Things have gone against it, almost uniformly, before

the tribunals. And unfortunately it cannot be said that it has been

without its full share of folly and extravagance in some of its

members. And yet it is the party which has grown; which has drawn some

of its antagonists to itself, and has reacted on the ideas and habits

of others; its members have gradually, as a matter of course, risen

into important post and power. And it is to be noticed that, as a

party, it has been the most tolerant. All parties are in their nature

intolerant; none more so, where critical points arise, than Liberal

ones. But in spite of the Dean of Westminster's surprise at High

Churchmen claiming to be tolerant, we still think that, in the first

place, they are really much less inclined to meddle with their

neighbours than others of equally strong and deep convictions; and

further, that they have become so more and more; and they have accepted

the lessons of their experience; they have thrown off, more than any

strong religious body, the intolerance which was natural to everybody

once, and have learned, better than they did at one time, to bear with

what they dislike and condemn. If a party like this comes to feel

itself dealt with harshly and unfairly, sacrificed to popular clamour

or the animosity of inveterate and unscrupulous opponents, it is

certain that we shall be in great danger.

V

MR. GLADSTONE'S LETTER ON THE ENGLISH CHURCH[7]

[7]

_Guardian_, 29th October 1884.

Mr. Gladstone's Letter, read at the St. Asaph Diocesan Conference, will

not have surprised those who have borne in mind his deep and

unintermitted interest in the fortunes and prospects of the Church, and

his habit of seeking relief from the pressure of one set of thoughts

and anxieties by giving full play to his mental energies in another

direction. Its composition and appearance at this moment are quite

accounted for; it is a contribution to the business of the conference

of his own diocese, and it was promised long before an autumn session

on a great question between the two Houses was in view. Still the

appearance of such a document from a person in Mr. Gladstone's position

must, of course, invite attention and speculation. He may put aside the

questions which the word "Disestablishment"--which was in the thesis

given him to write upon--is likely to provoke--"Will it come? ought it

to come? must it come? Is it near, or somewhat distant, or indefinitely

remote?" On these questions he has not a word to say. But, all the

same, people will naturally try to read between the lines, and to find

out what was in the writer's thoughts about these questions. We cannot,

however, see that there is anything to be gathered from the Letter as

to the political aspect of the matter; he simply confines himself to

the obvious lesson which passing events sufficiently bring with them,

that whatever may come it is our business to be prepared.

Occasional Papers Selected from the Guardian, the Times, and the Saturday Review, 1846-1890, Vol. 2 · 第 3 / 30 段