did not contemplate, has brought so much distress into the Church, and which yet, in defiance of principle, of consistency, and of the admission of its faultiness, is so recklessly maintained. Feeling and stating very strongly the evil sustained by the Church, from the suspension of her legislative powers,—"that loss of command over her work, and over the heart of the nation, which it has brought upon her,"—so strongly indeed that his words, coming from one familiar with the chances and hazards of a deliberative assembly, give new weight to the argument for the resumption of those powers,—feeling all this, he is ready to acquiesce in the measure beyond which the Bishops did not feel authorised to go, and which Mr. Gladstone regards as "representing the extremest point up to which the love of peace might properly carry the concessions of the Church":—

That which she is entitled in the spirit of the Constitution to demand would be that the Queen's ecclesiastical laws shall be administered by the Queen's ecclesiastical judges, of whom the Bishops are the chief; and this, too, under the checks which the sitting of a body appointed for ecclesiastical legislation would impose.

But if it is not of vital necessity that a Church Legislature should sit at the present time—if it is not of vital necessity that all causes termed ecclesiastical should be treated under special safeguards—if it is not of vital necessity that the function of judgment should be taken out of the hands of the existing court—let the Church frankly and at once subscribe to every one of these great concessions, and reduce her demands to a minimum at the outset.

Laws ecclesiastical by ecclesiastical judges, let this be her principle; it plants her on the ground of ancient times, of the Reformation, of our continuous history, of reason and of right. The utmost moderation, in the application of the principle, let this he her temper, and then her case will be strong in the face of God and man, and, come what may, she will conquer…. If, my Lord, it be felt by the rulers of the Church, that a scheme like this will meet sufficiently the necessities of her case, it must be no small additional comfort to them to feel that their demand is every way within the spirit of the Constitution, and short of the terms which the great compact of the Reformation would authorise you to seek. You, and not those who are against you, will take your stand with Coke and Blackstone; you, and not they, will wield the weapons of constitutional principle and law; you, and not they, will be entitled to claim the honour of securing the peace of the State no less than the faith of the Church; you, and not they, will justly point the admonitory finger to those remarkable words of the Institutes:—

"And certain it is, that this Kingdom hath been best governed, and peace and quiet preserved, when both parties, that is, when the justices of the temporal courts and the ecclesiastical judges have kept themselves within their proper jurisdiction, without encroaching or usurping one upon another; and where such encroachments or usurpations have been made, they have been the seeds of great trouble and inconvenience."

Because none can resist the principle of your proposal, who admit that the Church has a sphere of proper jurisdiction at all, or any duty beyond that of taking the rule of her doctrine and her practice from the lips of ministers or parliaments. If it shall be deliberately refused to adopt a proposition so moderate, so guarded and restrained in the particular instance, and so sustained by history, by analogy, and by common reason, in the case of the faith of the Church, and if no preferable measure be substituted, it can only be in consequence of a latent intention that the voice of the Civil Power should be henceforward supreme in the determination of Christian doctrine.

We trust that such an assurance, backed as it is by the solemn and earnest warnings of one who is not an enthusiast or an agitator, but one of the leading men in the Parliament of England, will not be without its full weight with those on whom devolves the duty of guiding and leading us in this crisis. The Bishops of England have a great responsibility on them. Reason, not less than Christian loyalty and Christian charity, requires the fairest interpretation of their acts, and it may be of their hesitation,—the utmost consideration of their difficulties. But reason, not less than Christian loyalty and charity, expects that, having accepted the responsibilities of the Episcopate, they should not withdraw from them when they arrive; and that there should be neither shrinking nor rest nor compromise till the creed and the rights of the Church entrusted to their fidelity be placed, as far as depends on them, beyond danger.

II

JOYCE ON COURTS OF SPIRITUAL APPEAL[3]

  [3]
  Ecclesia Vindicata; a Treatise on Appeals in Matters Spiritual.
  By James Wayland Joyce. Saturday Review, 22nd October 1864.

Nothing can be more natural than the extreme dissatisfaction felt by a large body of persons in the Church of England at the present Court of Final Appeal in matters of doctrine. The grievance, and its effect, may have been exaggerated; and the expressions of feeling about it certainly have not always been the wisest and most becoming. But as the Church of England is acknowledged to hold certain doctrines on matters of the highest importance, and, in common with all other religious bodies, claims the right of saying what are her own doctrines, it is not surprising that an arrangement which seems likely to end in handing over to indifferent or unfriendly judges the power of saying what those doctrines are, or even whether she has any doctrines at all, should create irritation and impatience. There is nothing peculiar to the English Church in the assumption, either that outsiders should not meddle with and govern what she professes to believe and teach, or that the proper and natural persons to deal with theological questions are the class set apart to teach and maintain her characteristic belief. Whatever may ultimately become of these assumptions, they unquestionably represent the ideas which have been derived from the earliest and the uniform practice of the Christian Church, and are held by most even of the sects which have separated from it. To any one who does not look upon the English Church as simply a legally constituted department of the State, like the army or navy or the department of revenue, and believes it to have a basis and authority of its own, antecedent to its rights by statute, there cannot but be a great anomaly in an arrangement which, when doctrinal questions are pushed to their final issues, seems to deprive her of any voice or control in the matters in which she is most interested, and commits them to the decision, not merely of a lay, but of a secular and not necessarily even Christian court, where the feeling about them is not unlikely to be that represented by the story, told by Mr. Joyce, of the eminent lawyer who said of some theological debate that he could only decide it "by tossing up a coin of the realm." The anomaly of such a court can hardly be denied, both as a matter of theory and—supposing it to matter at all what Church doctrine really is—as illustrated in some late results of its action. It is still more provoking to observe, as Mr. Joyce brings out in his historical sketch, that simple