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

for writing a review of a heterodox book. It is ob

vious that such a review might be for the most
orthodox purposes ; but the doctor laid down that
the clergyman, after stating clearly the heterodox
opinions of the book reviewed, must not leave his
own opinions in the dark, otherwise he might re-
publish with impunity an infidel work. Dr. WIL-
LIAMS' approval of BUNSEN is general, but not in-
discriminate. In this case he was bound to take
care that he left no doubt of his rejecting such of
BUNSEN'S opinions as were in conflict with the
doctrines of the Church of England.
The next point discussed by the learned judge
was one of fundamental importance. The prosecutor
had introduced as standa;ds of Church doctrine, the
Holy Scriptures, and especially those parts which,
as lessons, epistles and gospels, are made part of the
Church ',service, The Judge rejects the Scriptures
as the legal standard of Church doctrine. His
grounds are, we think, clear and his reasons un-
answerable. The Court has no power to determine
what the doctrines of the Church of England ought
to be, but what they are. He showed that the
Articles, the Liturgy, the Prayer-Book, and the
Homilies were each made by law standards of doc-
trine—the Articles primarily, because they were
expressly drawn up to prevent any diversity of doc-
trine. The learned Judge, in his official capacity,
could not notice the opinions of orthodox divines of
the highest reputation as legal standards, though
an incriminated party could appeal to them to show
that his opinions had been so advocated without
offence. He repudiated even the protest of all the
Bishops against the " Essays and Reviews" as any
guide to him in his judicial character.
He noticed the argument that to hold the ar-
ticles, formularies, and canons to be binding on the
clergy would be to deny that right of private judg-
ment which is the foundation of the Reformation.
But the learned Judge holds, with Mr. Dis-
RAELI, that clergymen must keep heretical
opinions to themselves. They are not, he
says, prohibited from holding any opinion
whatever, but from promulgating it, if contrary to
the legal standards of the Church. The statute of
ELIZABETH "assumes that the truth of the Articles
is so proved that it cannot be shaken." And again
he says, " the Act of the Legislature proceeds on
the basis that, for the purposes intended, the Church
is in possession of all truth, and that nothing in
that respect remained to be &covered." If it is
said that this is to deny to clergymen participation
in the discoveries of modern science, he replies that
" the clergyman is not at liberty to use such dis-
coveries so as advisedly to maintain what is repug-
nant to the Articles." It may, he says, be a true
and an important discovery, one held to be proved
by eminent scholars and divines— but "is the
Court to discuss whether the discovery be a true
one or not ?—the Court can do no such thing—it

can only administer the law—the duty of the Court
is to shut its ears to all such, dzsceveries—it is
bound by law to do so." Had GALILEO been a
clergyman, and come before Dr. LUSHINGTON, we
fear he would have fared almost as badly as he did
at the hands of the Roman tribunal. The Doctor,
however, is unquestionably right.

Dr. LITSHINOTON tells us that if greater liberty
be wished for it must be sought from the Legisla-
ture, not from the courts of law, who are bound to
administer the law as they find it_ The only open
questions have, in the GORHAM case, been decided
to be those which are not determined by the
Articles and Liturgy. What, then, is the meaning
of the act of subscription to these articles and for-
mularies ? This is a question which was not only
discussed at the trial, but has been raised into fresh
importance by a controversy now vigorously going
on as to the pOSSltile guuil faith of B rang olloal clergy -
men,now, in subscribing to tha very articles and for-
mularies which the 2,000 ministers of 1662 refused
and became in consequence the celebrated ejected
of St. Bartholomew's day. The doctor is very decided
on the real character of subscription. "It is a most
solemn act—the Court cannot take cognisance of the
subscriber's intentions, but the law will hold him to
have taken the obligation secusdum animunt impo-
nentis ; and that sense is, the plain grammatical
sense of the articles themselves. The subscription
to such articles is a declaration by the subscriber
of his conviction of their truth, and a promise to
abide by them." Then, again, in regard to the
construction of these articles, the GORHAM case
decided that " the rules to be applied are the
rules by law applicable to the construction of all
written instruments. The consideration of exter-
nal and historical facts is to be imported only so
far as is necessary to understand the subject mat-
ter and the meaning of the words employed. We
seek the plain literal and grammatical sense." In
giving his judgment, therefore, the Doctor kept

closely to the articles and formularies ; he regarded
no learned divine's opinion; he rejected the Scrip-

tures, considering the use of them in the service to
be apart from doctrinal objects,-and an appeal to
them as involving a theological, not a judicial,

.n quirt'.

We may add that.the chief doctrines and teaching
found to be legally heterodox in the two cases judged
by these standards were, Ist. Advisedly maintain-
ing, whether in direct or indirect language, that the
Holy Scriptures proceed from the same mental
powers as produce other works—or that the powers
which produce both differ only in degree—such
teaching would make " the holy Scriptures not
God's word written, but the work of man." 2nd.
Though criticism may be permitted so far as the
rejection of verses and passages proved to be spuri-
ous, and even to rejecting the commonly-received
authorship of books, it would be contravening the
articles to reject a whole book. 3rdly. The doc-
trine that finally all, both great and small, would
escape condemnation, was contrary to the greeds
and formularies. 4thly. Of course, the opinion
that the Holy Scriptures " were not written under
the inspiration of the Holy Spirit, and were not
necessarily at all, certainly not in parts, the Word
of God could not be allowed.

As a peasant of Toutorzette, a village near St.
Lever (Landes), was last month driving two oxen to drink,
one of them ran at a dog which lay under a tree by the
roadside. Tho dog immediately seized the animal by the
nostril, and held on till the ox, by a violent effort, throw it
off. The dog fell into a pond, and was killed immediately
after by the peasant. On returning home the man caute-
rised the ox's wound with a hot iron. The ox showed no
symptoms of disease until the 36th day, when it refused its
food, and cn the following morning no doubt could be en-
tertained that it was mad. Its owner immediately pro-
cured assistance, and strangled the animal by meaus of a
running knot thrown over its head.

An extensive ledge of cinnabar has been dis-
covered in Nevada territory. Its locality is in latitude 40
deg. N., long. 119 deg. 52 min. W. from Greenwich, and
within the limits of the Truckee reservation scoured by the
Government to the Pi-I:to Indians. Specimens brought
in yield 60 per cent. quicksilver, end the supply of cinnabar
is inexhaustible. Immediate measures will be taken to
supply the machinery necessary for the reduction of the
chamber, in expectation of meeting the immense demand
for quicksilver in this territory, at prices greatly reduced
trom present rates.—Silver Age.
TIIE RECENT EXPLOSION AT BIBMINGInm.—
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The inquest relative to this accident was commenced yester-
day afternoon before Dr. B. Davies, the borough coroner.
Several witnesses were examined, chiefly as to identification
present.
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