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THE PILOT. A Journal of Religion, Politics, Literature

and Art. xiv I–Von 1] LOS

No. 1.–Vol. I.]




suffragans and those of all the clergy, to a new Parliamentary

Judge (over whom they henceforward have no shadow of M VHE ordinary Englishman. never over-fond of change, control), is simply an act of treason to their Master. An

is somewhat tardy in realizing a new and altered English General who did likewise on a field of battle would

position. Take the case of the scientific iron-clads, be deservedly shot as a traitor to his Sovereign. And if there for example, certain (as Esperience has told us, though few | had been any of the peers in the House of Lords, who had admit the warning,) to sink and go to the bottom in a conflict grasped the great question at issue, when the P.W.R.A. was or a collision ; ugly vessels which have efficiently destroyed being passed, the Archbishops would have been deliberately British seamanship such as existed in the days of Rodney, impeached. But there were none. English Politics are so Howe and Nelson ; and which, in any coming war, having much a matter of chicanery and compromise now-a-days, that gone down with all hands and drowned their crews, will leave even the Tories, having packed away their old principles, are the defence of our almost unprotected shores to forts, gun paralyzed and powerless. The noble and convenient policy of boats and the militia. Some of the wisest and most thought “Drifting" is the easiest of adoption; and, in these times, the ful of our naval authorities know and allow all this. But, as most reasonable to work. Hence the silent Revolution was one of them recently remarked to us, “ Scientific quackery accomplished with only slight obstruction and unimportant must have its day. Absurdity in construction must triumph hindrances. by disaster; and then John Bull will perhaps open his eyes, Happily, however, for both Church and State, a few men, kick the quacks overboard, realize the damage which has laity as well as clergy, see the danger and are resolved to meet been done, and swear a little because he has to pay for it.” Or | it. They may not succeed. Possibly they will not. Some contemplate the other service. Mr. Cardwell, as everybody more far-sighted than their brethren, come forward as volunnow admits, did more to destroy the efficiency of the English | teers in a forlorn hope ; who (holding firmly to principle) will army than the modern Quakers or the great Napoleon. Yet speak out when others are dumb; who will act while others are he was rewarded by a peerage ; and now the poor British paralyzed; and who decline to brag and fiddle while the City is in taxpayer is involved in a huge expenditure to undo and repair flames. Principles, however, are always better than numbers. what Mr. Cardwell did and destroyed.

These men have confidence that when people's eyes are fully So it is in matters ecclesiastical. At Mr. Disraeli's recom- opened to the new position which Dr. Tait's Revolution has mendation, Dr. Tait was made Archbishop of Canterbury. | illegally effected, union and co-operation must begin in earnest. The appointment of Mr. Buckstone to be Bampton Lecturer, They have no belief whatsoever in existing organizations, or of Lord Russell to command the Channel Fleet, would not guided by feeble one-sided men, of stammering words and be more incongruous. The then Bishop of London, a strong wilful weakness ;-long ago convicted of incompetenc Liberal, an unsuccessful schoolmaster, no theologian, and only tolerated because their hands grasp the accumulated having no ecclesiastical experience; a violent partizan at sinews of war. Oxford (where he had for his allies the leading latitudinarians, As regards our dangers we need scarcely stay to depict who drove Dr. Newman out of the National Church,) he has them. They abound. Persecution has commenced: not, at certainly accomplished a perfect and complete Revolution. present with rack or faggot; but by concussing and overMen may shut their eyes and not choose to see it; may bearing the consciences of Churchmen at the suggestion of drug their consciences and not allow it; but, with the Public our rulers. The Archbishop, who if he had clung to the Worship Regulation Act on the Statute Book,—there it is ! | ancient misbelief of his forefathers in the (to him) unattractive And what renders this Revolution so alarming is that none of land of his natural birth, might have become the Parish the Bishops appear disposed to admit the evil. Of course, Minister of a Scotch burgh or a successful country-towa until this is done, no remedy can be tried and no amendment attorney-nothing more. Here, alas ! by the recommendaeffected. The Diocesan Courts of the various Bishops (as tion of Mr. Disraeli, he is Primate of All England. He has far as regards all practical questions,) are abolished. The forged an efficient weapon for all Anti-Erastians : and what right of a Presbyter, articled for any breach of the law as Dr. Ellicott calls “the majestic progress of the Law” will regards Divine Service to be tried in them, is altogether gone. soon begin its onward march and do its efficient work. The An appeal to the Arches' Court (in case of miscarriage of sooner and more efficiently, the better. justice in the Diocesan,) is rendered out of the question. As regards our duties, it must be first remembered that the For there is no Arches' Court to which to appeal. There is / laity and the clergy sink or swim together; and that the not the least reason why, in Dr. Tait's novel enactment, the former, in rejecting this new and odious Erastianism, can by new Parliamentary Judge might not have been the First a broad and bold policy most efficiently help the latter. Only Lord of the Admiralty, the Judge Advocate-General, or the three courses are open to the clergy. Firstly, abject and comChairman of the Board of Works. These exalted officials plete submission to the dictates of the bishop of the diocese, have just as much as, and no more spiritual authority in causes which ought to be secured beforehand, on every detail, in ecclesiastical, than Lord Penzance. His Lordship has none, for writing ; so as to avoid ruinor costs and temporal ruin, this reason :-Neither a corporation nor a person can give throwing all the responsibility of change and disorganization what it does not possess. Parliament possesses no spiritual of congregations on him. Secoudly, a calm and resolute jurisdiction whatever, and, by consequence cannot bestow any. | repudiation of the New Court; a determination not to recogSo with the Archbishops,—their jurisdiction is a trust; and I nize or plead before it, but to suffer eventual deprivation ; they can no more give it away absolutely and without power of and, thirdly, that complex and unintelligible policy which the recall, than they can dispose of their Sees' temporal possessions | English Church Union (against his own better judgment, as is to their wives' poor relations. Being ignorant of both the reported,) has so fatally advised Mr. Ridsdale tu adopt. To Constitutional and Canon Law themselves, they may respec do not venture to predict what may be the eventual upshot of tively delegate their inherent right of interpreting Canon and | the adoption of either course-except this, certain and speedy Statute Law to a judge of the Arches' Court or the Chancery Disestablishment. A communion framed on the new Tait Court of York-for there are general precedents both at home model, with Lord Penzance for its spiritual Pope, infallibiy and abroad for this, and no one would quarrel with them: but I expounding Public Opinion,-neither deserves, nor is likely, to to have assisted in suppressing their own Provincial Courts. I live. It must ere long be buried in the unconsecrated and to have handed over their rights, the rights of their | Cemetery of departed Impostures.


Is it to be wondered at, therefore, that men, while awaking And this is quite out of the question,-quite a dream, a mere to the danger of a catastrophe and collapse any day, are | chimera,-unless some plain and obvious principle of Autholooking about them for a remedysand a refuge? We do not, rity is admitted. In any such scheme, apart from such a prinof course, allude to the noisy handful of fear-stricken Dis | ciple, who could treat for the Church of England? Who for claimers, who, with such delightful consistency, have in a the Church of Rome? Who for the communions of the panic eaten their former words and hastily flung away what East? Then again : Have the Colonial Churches, founded tattered shreds and patches of principle they once owned. from England, any duties to the See of Canterbury? If so, The British Public, and Catholic Churchmen abroad, from what are they, and what are their character and limits. On very different standing-points, have each measured the value | what principle do they rest? And, if Canterbury reasonably of their words, and duly noted their questionable consistency. claims some moral authority over the provinces of Canada, Their counsel and aid would be very feeble reeds indeed, on South Africa and Australasia,-a point on which Archbishop which to lean. But we do allude to the hundreds of clergy Tait is said to feel strongly,-how can the claims of Rome, and thousands of laity, brought up in the old Tractarian who founded Canterbury,-claims which have been conschool, whose principles and piety are alike true and com sistently and reasonably advanced for fourteen centuries, —be mendable; who are shocked week by week at the change passed over ? Has His Grace the Archbishop of Canterbury which has taken place in the tone and temper of an extreme (saving the rights of that new noble Lambeth functionary, party, which was once led by gentlemen, and had the reputa Lord Penzance), no ecclesiastical superior in the world ? To tion of being at least Christian in its thought and language. advocate Corporate-Reunion, therefore, apart from, and indeMany of these desiring to compare opinions, after facing pendent of Rome, is a fantastic phantasy and an impossible difficulties, and to look on to the future, are with us in aim. Those, of course, who prate about the Scarlet Lady cordiality and action. The need of Union is forcibly pressed | and infallibly explain the Apocalypse,—the ordinary Protestant upon them : not simply Reunion at Home—a good work, but with a mental twist and a moral obliquity-are quite conå work at which its well-meaning promoters have begun at sistent, however intellectually ridiculous in their grotesque the wrong end of the difficulty,—but Reunion between our attitudes as prophets of evil. They have declared the Pope to selves and the rest of Western Christendom. For they feel be the “Man of Sin " and themselves to be the Elect of God. this need increasingly. In England the Education of the poor So cadit quæstio. But the English Churchman of the type is now taken out of the hands of the Clergy. The churchyards of Cosin, Wake and Keble, unable to adopt the Protestant of the National Church will soon be open to the preachers of theory, reasonably holds that of the Thirtieth Canon of unclean sects and to the frowsy orators of Atheism. Even the 1603, which asserts that it is was far “from the purpose of Tory Leaders are evidently preparing to betray the Church, and the Church of England to forsake and reject the Churches of are only waiting to do the work decently and with some Italy, France and Spain," &c. This Canon, of course, may plausibility. The miserable minority of thirty-one is an ominous | now be asserted to mean no more than the insincere and warning. And, of course, the principle of the churchyard being wordy wail over the loss of the “ Godly discipline” of “the national property will soon be applied to the churches. | Primitive Church,” which is yearly droned out amongst us " at Churchmen should remember that Dissenters own a principle the beginning of Lent,”—a discipline which apparently stands and stick to it through thick and thin; carrying it out by no more chance of being restored under present circumstances hook or by crook on every reasonable and unreasonable than the Saxon Heptarchy. But the Canon certainly marks occasion; whereas their own "great leaders” and advisers are out a boundary within which it is perfectly lawful for English too often at sixes and sevens, never know their own minds Church men honestly to take their stand; while it satisfactorily two minutes together, and are either eaten up with com defines a moral and legal position which cannot for one placent self-satisfaction or are weakened by over-confidence or | moment be left undefended, and which, in the future, may be personal jealousies. The following from the Congregationalist, found of immense practical importance. describing their supposed relations to church and church | The clergy-indeed, all Churchmen-bave been betrayed yards, may be of use as indicating the Dissenting policy :- | by those who were put into places of position and influence,

"A section of the parishioners were content to celebrate | perhaps with the express objects of betraying them. The worship according to the rules of the Book of Common Prayer, old foundations have been deliberately removed. Our Pastors, and they have been permitted for a time to have the exclusive without their consent, without Convocation being consulted, use of a building which was intended for the use of their

and in the face of Protests, have had new and illegal condineighbours as well as themselves. What can be more reason tions forced upon them from without, whether they like them able than that, while this privilege is granted them, they or not. By brute force their ordination-compact is violently should be required to keep the building in repair? As was broken. The moral contract, therefore, no longer binds. suggested the other day at Derby, this principle explains the This being so, self-preservation, the first law of Nature, steps restoration, not only of parish churches, but of ancient in; so that if the course of Drs. Tait and Thomson's Cathedrals, which is going on all over the country. When Erastian-car be not marked out and prepared for, spiritual property is held under a repairing lease, and the lease is about death must surely supervene. We all need, therefore, to be expiring, the tenant is very busy in putting the premises in a up and doing tenantable condition; and the universal restoration of churches shows that our tenants not only recognize the obligation THE COURT OF DIVORCE AB OFFICIO ET imposed upon them by law, but are resolved to discharge

BENEFICIO. their obligation in a very handsome manner."

If the Secularist, Anabaptist, and Infidel combine, must FALLACY offers obstructions to the elucidation of not those who claim to hold the Catholic Faith combine like

truth similar to those which a shoal puts in the way

of navigation. The Pilot, therefore, cannot be Now, as regards Reunion,-on the basis of a common | better occupied, than in pointing out to Church men certain principle, to be faithfully applied by both parties to the very egregioas fictions and fallacies which Lord Penzance has transaction,-nothing could be more pressingly necessary or recently formulated in defence of the jurisdiction and powers practically beneficial. Wherever there is a community claim- | which he professes to wield. ing to be a part of the One Family of God, yet inherently It is perhaps an unusual circumstance for a judge on the weak because of its isolation, let the principle of Authority bench to set about proving that he is what he professes to be: be admitted on both sides, and then honestly put into practice. it is possible to "protest too much :” and the spectacle irreWithout this nothing can be done. The two communions, sistibly reminds us of Jacob dressed up in goatskins to reprewhich are the largest, most venerable and most influential in sent Esau, or of the domestic quadruped which clothed itself the world, are the Church of Rome and those Oriental in a lion's skin and was imagined to be a lion till it opened Churches which pay deference to the Patriarch of Constanti its mouth. In the case of Lord Penzance and the office which nople; and it would be a most wise and blessed step for he holds, the process of putting on the skin has been necesmembers of the Church of England to endeavour to secure sarily carried on in public; and there have been people who Reunion with either. But such single action would only be from the first have obstinately declared that all the efforts one step. Reunion with both is what is needed; not by | made by Parliament, in a moment of panic, prejudice, and reason or actions of unworthy compromise or politico-Eccle. I passion, to clothe a purely secular Judge with spiritual sias tical need, but on some common and recognized principle."authority, would be of no avail. This has led Lord

wise ?

Penzance into an attempt to prove that he really is what the new Judge to be a Judge in both of them, without defining Act of Parliament calls him, " Judge of the Provincial Courts his relation to the existing Fudges, may be fairly criticised of Canterbury and York." We must assume that the on that score, but is not open to the opposite charge of defence which he makes is the best that can be made in having created a new Court." behalf of his office; and we now proceed to examine and We give this wonderful passage in extenso. It is refute it for the benefit of our readers.

inaccurate in point of fact, and it reveals an appalling amount Lord Penzance first of all states the case against himself of. ignorance as to the nature of Provincial Courts in a in four propositions which he undertakes to disprove. personage who claims to be Judge of two such Courts at one Whether he succeeds in doing so, our readers will judge for and the same time. themselves. They are stated by him as follows:-1. "That The Provincial Judge is the delegate or representative of this Court is a new Court." 2. “That its authority is inde- the Archbishop, wielding the jurisdiction of the Archbishop pendent of the Church.” 3. “That the Bishops' Courts, in contentious causes. That jurisdiction cannot be given by which ought properly to entertain such questions as those the Archbishop to two different people acting independently now before me, have been by Parliament suppressed : " and of each other, any more than a sixpence can belong to two 4. “That a lay tribunal has been set up in their place, to sit different people at one and the same time. Two Provincial in judgment not only upon ritual, but on soundness of doctrine Judges, armed with co-ordinate and independent powers, are and the mysteries of religion.”

as impossible in one Province as two Archbishops, or as two Lord Penzance affirms, and we call attention to his words, Ambassadors of France in England, Lord Penzance is not " that every one of these four propositions is absolutely accurate either when he says that at the time of the passing incorrect in fact.” We accept the issue, and proceed to show of the Statute there were Judges" in each of the Provincial that the first proposition, viz., “ that the Court over which he Courts: there was but one Judge in each Court and there presides is a new Court” is absolutely correct. We shall | could be but one. deal with the others on a subsequent occasion.

The theory, then, that after his appointment Lord Penzance “In the first place,” his Lordship goes on to say, “the was an additional Provincial Judge, will not bear the test of Public Worship Regulation Act did not from one end to the examination. Now we invite the attention of our readers to other of it create any new Court, or indeed any Court what the following point :-Suppose Sir Robert Phillimore, ever."

instead of consenting to become a Divorce Judge, had Instead, however, of beginning at “one end” of the Act, continued for his life-time Dean of Arches, and had outlived his Lordship carries us per sultum to the seventh section. Lord Penzance : it is evident that the latter could never have We prefer to examine the contents of the previous sections been Dean of Arches : yet, unless he was to draw his large before following his Lordship into the seventh. ,

salary for doing nothing, he must have heard cases under Now our readers must bear in mind that the Act is a the Public Worship Act, must have tried and condemned composite measure, consisting partly of the original measure clergy, in the capacity so queerly described in the Act as “a introduced by the Episcopate, and which we may call the Judge of the Provincial Courts of Canterbury and York, Bishops' Bill, and partly of Lord Shaftesbury's scheme of hereinafter called the Judge." Clergy Discipline, which was substituted by the House of But if the person “hereinafter called the Judge" could not Lords for the Bishops' scheme, and dovetailed into the be, as we have shown, a Provincial Judge, while the office of skeleton of the original measure by the efforts of Lords Provincial Judge in each Province was not vacant, it follows Cairns and Selborne. It is this heterogeneous character of that he must have been a new kind of Judge, and a new the Act, and the fact that it was passed for a different object kind of Judge involves “a new Court." from that which was pretended, which are the cause of all The main question, however, which needs considerathe quibbles, fictions, misstatenents, and fallacies which tion, is whether it was within the competence of Parliahave been resorted to in its support. The first six sections ment to provide that this person “hereinafter called the belong to the Bishops' measure, with the seventh Lord Judge " should become ex officio Official Principal of the Shaftesbury's scheme begins: this has to be borne in mind in Provincial Courts. That the two existing Archbishops should order to understand the way in which the Act contradicts be willing to accept this provision settles nothing; for the and stultifies itself.

Act infringes the inherent rights not only of themselves, but The fourth section plainly distinguishes proceedings of their successors, for whom they were only trustees, and taken under the Act from proceedings taken under whose rights they could not therefore give away. the Clergy Discipline Act. The next section provides that What is the Provincial Court? The Provincial Court is nothing in this Act contained, save as herein expressly the Court of the Archbishop of the Province. It is, in the provided, shall be construed to affect or repeal any jurisdic- ancient language of the law, “a Court Christian,” a part of tion which may now be in force for the due administration of the Church's organization. The State can, of course, give to ecclesiastical law.” These sections evidently contemplate this Court, or to any other “ Court Christian," any secular the co-existence of two different systems of Clergy Discipline : powers which it may choose to give, just as it can give one, that which existed before the passing of the Act of a Bishop a seat in the House of Lords; but it cannot 1874, and the other, that which is contained in that Act, of alter the constitution of a Court Christian or create an which the eighteenth section expressly provides that persons / additional judge of a Court Christian, any more than it can proceeded against under one system shall not be liable to alter the Bishop's spiritual office or turn a Dissenting preacher proceedings under the other. The seventh section, which into a priest of the Church. This was well put by Mr. Canon Lord Penzance quotes, enacts that within six months after Carter of Clewer, to the great wrath of the Times. The the passing of the Act the two Archbishops shall appoint a State cannot make a thing be so-and-so by merely calling it person having certain specified qualifications to be “a Judge so-and-so; this is the attribute of Omnipotence. Parliamento of the Provincial Courts of Canterbury and York.”

| might if it were so minded enact that Sir William Harcourt It is, however, also provided in this section, that the choice should, on the next vacancy, become ipso fucto Archbishop of of the two Archbishops must be made, subject to the Canterbury; and Sir William might think himself Archbishop approval of the Crown; and that if they do not appoint and comport himself accordingly with great unction ; but the within six months, the Crown may appoint a person to be whole thing would be a fraud and a delusion. such Judge.

Unfortunately, the nature of the office of judge of the It is further enacted that the person thus appointed Provincial Court is not so well understood as that of Archshould, on the first vacancy in those offices, become ex officio bishop. The Provincial judge is the Archbishop's represenOfficial Principal of the Arches Court of Canterbury and of tative, deriving his authority from the Archbishop, quâ the Chancery Court of York, which are respectively the Pro Archbishop, and not from any Act of Parliament or civil vincial Courts of Canterbury and York.

authority whatever. The institution belongs to the internal These provisions and the difficulties connected with machinery of the Church. Parliament may, of course,, them are wisely ignored by Lord Penzance, who taking so persecute it or favour it; it may forbid the Provincial judge much of the section as suited his purpose, says, “At the under pains and penalties to exercise his office, just as it may time the Statute passed there were very learned Judges (sic) | forbid a priest to teach the Gospel or to baptize; and in each presiding in each of these Courts, though they have both case the individual servant of the Church has to choose since then retired, and the enactment which thus created a between Christ or Cæsar; but Parliament cannot make a

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