The Express.
London, England, 1862-06-26 00:00:00

HIGH WAIIR ATWIDOS MILIDDI.

Tme iiti;::::TAti.mwr. 11 411 M.
TO-XORlWW—Maralai. ta. Anaraoaa, tfin.

LONDON, THURSDAY, JUNE 26.

To those who think it is a matter of conse-
quence what doctrinal limits the clergy of the
Church of England shall be required to ob-
sena in their public teaching, the Judgment
delivered yesterday by the DIAN of ARCH=
will not appear tedious, notwithstanding its great
length. If, indeed, there are any who expected
that the prosecution instituted by the Bishop of
SALISBURY would result in a theological determi-
nation of the questions raised in Dr. ROWLAND
WiLLlAms's celebrated Essay, they will be greatly
disappointed with Dr. Lusamorores performance;
for the learned Judge, as he was most careful to
remind his audience, had to deal with the allega-
tions against the reverend defendant, not as a theo-
logian, but as a lawyer, trying a criminal charge
by the strict rules of legal evidence. The points
of view which belong to that position are so diffe-
rent from those of the general public that a certain
want of sympathy between the learned judge
and the majority of readers is, perhaps, inevitable.
But when the:nature of the questions to which Dr.
LusuuiorON was confined is fairly understood,
we believe he will receive credit for an able and
sincere attempt to grapple with a most difficult
subject.

Dr. Luau:moron laid down almost at the com-
mencement of his judgment certain propositions
which place the course he subsequently took in a
clear light. The issue to be tried was not whether
Dr. Wimasus was sound in the faith, for " it is
" the undoubted law of England that, except on
" the occasions whore examination of clerks by
" superior authority is specifically directed by law,
" a person in orders may hold what opinions he
" will, provided they are kept within his own
" breast." Neither was it whether he had main•
tamed doctrines inconsistent with the true doc-
trines of the Christian faith—certainly not. But
it was, whether he bad promulgated doctrines
at variance with those of the Church as de-
clared in the Articles and Formularies. Ac-
cordingly, the censures of the Bishops, as de-
clared in their memorable letter, and the opinions
of eminent divines cited in the course of the
arguments of counsel, were unceremoniously set
aside as irrelevant, and indeed as declarations to
which the Court would not hesitate, if need were,
to place itself in opposition. It is the business of
a judge to enhance the standards of his Court, and
certainly Dr. Lusurnoron did not fail in this duty.
For to exalt the Articles of Religion, the Formu-
laries, and the Canons, he declared that the act
of the Legislature which made these binding on
the clergy proceeded on the basis that, for the
purposes intended, " the Church was in pos-
" session of all the truth, and that nothing re-
" mained to be discovered." The learned Judge
is not insensible of the difficulties attending this
proposition. He candidly admits that "it does
" not seem reasonable to suppose that it was in-
" tended to shut out all inquiry and abnegate all
" further discoveries however important ;" but
in spite of all difficulties he maintains his inter-
pretation of the intention of the Legislature, and
proceeds to put the case in what is certainly a
strong point of view. He says :—" I will pre-
" sums a discovery to be made of great impor-
" tance, and proved to the satisfaction of very
" many scholars and divines, and that such dis-
covery militates against some of the Articles.
" What is the duty of a clergyman T what of the
" Court f Is the Clergyman at liberty to use such
" discoveries so as advisedly to maintain what is
" repugnant to the Articles? I apprehend Ger-
" tainly not. Is the Court to discuss whether the
" discovery be a real or true discovery, to define
" its effect and operation f The Court can do no
" such thing ; it has only to administer the law.
" The duty of the Court is to shut its ears to all
" such discoveries. It is bound by law so to do.
" The law must be obeyed, even in what may be
" termed most extravagant circumstances." If
this strict adherence to judicial principles seems
to bear hard on the scholar, impressed with the
progressive character of all living knowledge, it
certainly is a protection to the beneficed clergy-
man who, warned of the exact requirements of
the law as to his public teaching, may believe
privately what he likes, provided only that he ob-
serve a prudent reticence.
Another very important point was determined

by the learned Judge respecting reference to the
Bible for the purposes both of the prosecution and
the defence. The Judicial Committee of the
Privy Council had previously laid down that the
conformity of the Articles of Religion with the
Holy Scriptures could not be discussed in cases
like this. But it was argued on behalf of the
Bishop of SALISBURY, that, as the Liturgy was one
of the standards of doctrine, those portions of
Scripture—the Epistles and Gospels and Lessons
—which are incorporated with it might be appealed
to. Dr. LUSHINOTON, however, resolutely re-
fames to decide whether any doctrinal positions
are reconcileable with Scripture or not. For
g, a consequence would be, that, instead of all
" questions of doctrine not contrary to the Articles
" of Religion and the Formularies being what are
" termed open questions, the Court would have to
" compare what is impugned—a sermon or essay—
"by numberless references to various parts of
" Scripture. How unsatisfactory would such an
" investigation be to the clergy and people of this
" realm 1 What confusion would be introduced
" by the divers opinions of ecclesiastical judges
" What mistakes would necessarily arise 1 Into
" what a state of uncertainty would the clergy of
" our Church be plunged Pressed by these rea-
" eons, and urged by every motive to preserve peace
" in the Church, I will not be tempted in the trial
" of any accusation against a clergyman, to resort
" to Scripture as the standard by which the doe-
" trines shall be measured."