Occasional Papers - Selected from the Guardian, the Times, and the Saturday Review, - 1846-1890 by R.W. Church
page 6 of 398 (01%)
page 6 of 398 (01%)
![]() | ![]() |
|
2. Is the present composition of the appellate tribunal conformable either to reason or to the statutes of the Reformation, and the spirit of the Constitution as expressed in them? 3. Is the Royal Supremacy, according to the Constitution, any bar to the adjustment of the appellate jurisdiction in such a manner as that it shall convey the sense of the Church in questions of doctrine? All these questions I humbly propose to answer in the negative, and so to answer them in conformity with what I understand to be the principles of our history and law. My endeavour will be to show that the powers of the State so determined, in regard to the legislative office of the Church (setting aside for the moment any question as to the right of assent in the laity), are powers of restraint; that the jurisdictions united and annexed to the Crown are corrective jurisdictions; and that their exercise is subject to the general maxim, that the laws ecclesiastical are to be administered by ecclesiastical judges. Mr. Gladstone first goes into the question--What was done, and what was the understanding at the Reformation? All agree that this was a time of great changes, and that in the settlement resulting from them the State took, and the Church yielded, a great deal. And on the strength of this broad general fact, the details of the settlement have been treated with an _a priori_ boldness, not deficient often in that kind of precision which can be gained by totally putting aside inconvenient or perplexing elements, and having both its intellectual and moral recommendations to many minds; but highly undesirable where a great |
|