Synopses & Reviews
Synopsis
Excerpt from Remarks on the Judgment Delivered in the Supreme Court, in Re Bishop Merriman Vs: Dean Williams, August 26, 1880
I hope I am right in my persuasion that I owe no apology to any one for attempting to allay in some degree the pain and alarm which the Judgment delivered in the Supreme Court in the case of Bishop Merriman vs. Dean Williams on the 26th of last August has caused to many of the best and truest members of our Church in this land. If, indeed, it were my purpose to contest with civil judges points of law pure and simple, my design would be very foolish. I should be then doing essentially the same thing that Lord Romill's Judgment does (Bishop of Natal vs. Gladstone and Others) when it suggests to colonial bishops to cut the prime knot of their difficulties by throwing it on the judges of our civil courts in the colonies to decide between bishops and their clergy, or between bishops and bishops, on articles of Christian faith and doctrine. But the legal questions that arise in the course of the recent Judgment are few, and those not intricate; and even with them I am concerned rather indirectly than directly, or at least subordinately to the assumption that certain facts are proved. My principal contentions relate to matters of fact, or of history, which it is only reasonable that I should be anxious to present from the stand-point of those who have been for years a living part of them. Such anxiety cannot, I hope, be construed without evident unfairness, into an imputation on the impartiality of the judges.
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