BV4 263 .W614 5^pRiNCf75;i^ SEP '^^e 1981 A .^^ '^EOLOGlCaSt^ :E)V4253 .\Ai6l4 /^ ^^OGim. SEV THE FINAL APPEAL IN MATTERS OF FAITH. A SERMON PREACHED IN ST. GEORGE'S CATHOLIC CHURCH, SOUTHWARK, On Sdnday, the 17th of March, 1850, THE RIGHT REV. N. WISEMAN, BISHOP OF MELIPOTAMDS, V. A. L. LONDON : THOMAS RICHARDSON AND SON. A SERMON, &c. ' MY KINGDOM IS NOT OF THIS WORLD." John xviii. 36. On this day, my dear Brethren, on which the Church commences her solemn commemoration of our blessed Redeemer's Passion, I would gladly have addressed myself to that most tender and most profitable subject. I should have been glad to intro- duce you into the sorrowful commencement of our Passion-tide ; but there are times when it may appear as though the very finger of God, through tlie workings of His Providence, points out to us themes which it would be a neglect of duty to pass by, in those more particularly whose office it is to endeavour to direct the thoughts and judgments of those committed to their charge, so as to suggest to them what they should fear, what they should hope, and, what is of far more importance to us, for what they should pray. You are all aware that within these few days there has occurred an event calculated, according to the opinion of all men, in a most important, and, per- haps to us, in a most consoling way, to affect the state of Religion in this country, and, more par- ticularly the position of that Establishment, which, mider the name of the Church of England, is most especially connected with the religious and spiritual destinies of the great mass of the people. You are aware, in fact, — for I know well what has brought you hither in such multitudes, — you are aware, that I am about to speak to you clearly and definitely, according to my humble but sincere judg- ment, respecting a late most important decision, which affects necessarily the doctrines as well as the position of that Body to which I have allu- ded ; a decision which I know not how I can better characterise, than by saying, that it suggests to me, and I am sure it has suggested to many, the thought, — *'Is this the Kingdom of God? Is this the King- dom of Christ, which is not of this world ? Is that which has been so judged by powers which at once strike us as of earth, earthly, the Kingdom that owns no mastership, no authority here below, that cannot be transmitted through the ordinary chan- nels by which earthly rule is handed down? Can this be the Kingdom of Christ, which is not in any way a Kingdom of this world?" Such, my Breth- ren, is truly, then, my intention. Much that I shall have to say to you will bear the form of an historical sketch; because it is necessary to 4lave clear princi- ples respecting the mode in which the Church has ever upheld her authority, in order to come to a just judgment respecting that decision which holds the minds of so many, trembling, at this moment, in the balance ; scarcely knowing whether it may not prove a final and fatal judgment with regard to that ecclesiastic Polity which it mainly affects. When om* blessed Redeemer, at this season upon, which we are entering, was pleased to deliver him- self into the hands of sinners, he allowed himself to be led from tribunal to tribunal, from judge to judge, but recognising not the authority of any of them in his regard, he simply refused to plead. When it was necessary to assert his Divine authority ; when he was asked, if he was " The Christ, the Son of the living God;" when he was questioned respect- ing his Kingdom ; he answered : because he was bound to avow that very principle, on which he re- fused to answer else. But when they began to question him respecting his disciples and the doc- trine that he had taught, then Jesus simply held his peace. He was judicially questioned by Annas and Caiphas; he was authoritatively interrogated by the Jewish President ; he was mockingly arraigned before the king of his people ; and yet to one and all he refused to plead. He bowed his head to their buffets ; He bent his back to their scourges ; He stretched forth his hands upon their Cross; He laid bare his heart to their lance ; He suffered every penalty, every consequence; though by a word he might have escaped them. And when that heart was thus laid open, there came forth from it a mysterious flow. — The Adam of the new Covenant was cast into the sleep of God, and forth from his side went forth his Bride, the Eve of the new Law — the Church of God; — she came forth, as is beautifully and by ^ singular concur- rence expressed by the two greatest Doctors of the Greek and Latin Church, placed before us but two days ago by the Church hi her office, — she came forth under the purest Sacramental type, in that Water which regenerates unto eternal life, in that Blood which nourishes and quickens unto everlast- ing glory. The Church, then, was at once the Spouse and yet the Child of Christ — born upon Calvar^^, the bed upon which she received her birth, was the Cross, where the throes of the Divine Heart gave her her first existence. She came forth as the child of persecution, as the child of sufiering; and she commenced at once her career of struggle, and of ceaseless wrestling, with the Powers of earth. It is easy to observe, my dear Brethren, by what natural transitions the very Word of God leads us gradually, in the History of the Church, away from Jerusalem, where it first sprung ; guiding us as though by the thread of its history, in the life and actions of Saint Paul. We follow him step by step, from, and back to, Judea, till his final departure ; when, shaking ofi* from his feet the dust of that now outcast city, he makes his way through Asia and Greece, until at length he reaches, what is clearly to be the final term of his Apostleship, the Imperial city of Rome; where he either meets, or is soon joined by, the other, the greatest, the chief Head of the Apostles, the Head of the Church under Christ, Saint Peter, the first Bishop and Pope of that See. In Ecclesiastical history, how soon we turn our thoughts from the one, to fix them upon the other ! Those infatuated men whose hands tore up the pave- ment of Jerusalem, to cast its stones upon Ste- phen, began the destruction of that city, to be accom- phshed by the army of Titus, so that not a stone was left upon a stone. But while there the work of demolition was going forward, there was being built up elsewhere a solid and an enduring Temple. In the catacombs of Rome were its foundations deeply laid, upon that Rock which cannot fail, cemented day by day with the blood of martyrs: until in the course of a short time, Jerusalem may be said to have become as only the reliquary of the Church, in which were enshrined noble and most holy things, but things that were past ; while Rome became its Tabernacle, in which, as in its centre, reposed the very Life of the Church's life, the very Soul of her soul. If, then, in Je]'usalem the Church was born, to Rome she was brought to be weaned. Yes, this infant Church was brought thither into the very face of the Emperors, to the very foot of their throne; not that she might be nursed in the Imperial purple, not that the Pastoral staff of her authority should be forged from the sceptre of monarchs, but that face to face she might confront them : and that she might establish the principle, that she belonged not to them nor to this earth, and that her position was antagonistic with that of the powers of the world. During 300 years she remained in this state ; and during those 300 years, let it be borne in mind, her form, her constitution, her canons, her whole struc- ture, were essentially and completely formed. She 8 might indeed afterwards attain a greater and more magnificent growth. It was reserved to her, that her branches should stretch forth to the very bounds of earth ; that was still to come ; that upon them should be everywhere blossom flowers rich and beau- tiful, of every varied virtue ; that she should be laden too, with those abundant fruits of holiness, which her various institutions, ripening age by age, have bestowed upon mankind. But her root was firm, planted securely in the ground, it had taken hold of earth; and her trunk, that centre of her unity, had grown straight, and round, and smooth, and perfect, without knot or crevice, equally impervious to the insinuating flatteries of an approving world, as to the sharpest weapons of its enmity. The Church, then, was completely constituted, when, after 300 years, we find her coming publicly before the world. She needed to be taught by no one, as to how she had to deal with those matters, and those causes that related to herself. It is not to be supposed that it required the peace of the empire, and the favour of emperors, to enable her to hold her councils, or to promulgate her decrees. Long before that peace had come, long before her Bishops assembled in universal Synods, she had held in various parts of the world. Councils of her Prelates, for the purpose of suppressing errors that had arisen ; for, even in her very cradle, had this mighty Child been assailed by these ruthless ser- pents: and with her own hand, unaided, she had known how to strangle them, and fling them aside. And so, in the second century, _ we have councils held at Rome, and in Gaid, and at Cesarea, in Pa- lestine. In the third century we have them again at Rome, at Alexandria, at Antioch, Iconium, and more than once at Carthage. In the fourth cen- tury, before the general Council of Nicsoa had as- sembled, there had been held provincial synods at ten different places. The Church's system, then, of ruling and defining, in matters of Faith, was antece- dent to all connection with imperial, or with royal power. Her connection, in fact, with that power was purely accidental. She had been sufficient for herself, and for all her wants for 300 years, with- out it. She would have persevered to the end, had it so pleased Divine Providence, in the same condition. When that power became favourable to her, she took advantage of it, and naturally enlisted it in the good cause. She accepted it in the same way as she took the basilicas which had been heathen tem- ples, and converted them into churches. She took it as she took the limits of provinces, according to the imperial or civil division, as the most simple and most natural mode of dividing her own spiritual ter- ritories. She took it, in fine, as she took the mea- sures of Horace's lascivious Odes, and attuned to them the sweetest hymns of her worship. It was part of her destiny, or rather it was part of her gift, to be able to seize on all that earth might place within her reach, and to sanctify it and to turn it to holiest purposes. Had she found a Republic, instead of an Empire, she would have known as well how to demean herself, and how at once to assert her own rightful independence, and yet to show the de- 10 ference ever due to every rightly constituted autho- rity, in wnai regards its own sphere of jurisdiction. Then she could not fail but revere and honour that power which made Christianity a very part of the civil and social order over which it ruled; she could not but even, in some respects, bow before that crown, of which that iron Nail which had pierced our Saviour's sacred flesh in his passion, was con- sidered the most precious gem. She used, therefore, gladly the power and wealth of the emperors, for the many purposes whereby she was connected with this world. Their decrees added force to her canons; their protection enabled Bishops to travel from dis- tant regions, and safely to meet together. But, as if to show how purely accidental, how totally unessential to her existence and to her laws was this state of union and alliance with this power, it was permitted that shortly the imperial power should declare itself the protector of the Arians; it became heretical, and the Church remained orthodox and catholic. Instead of its being uninterrupted peace and constant union, harmony of thought and action, between the Church and the empire, on the contrary for many years it was a ceaseless struggle ; and, it may be said, that many of the most tremen- dous heresies which invaded the Church in the cen- turies that followed the public acknowledgment of Christianity, received their patronage, their support, and their sanction from the Imperial seat at Con- stantinople. One after the other the Arian, the Nestorian, and Eutychian, and later other errors were fostered at the very foot of the imperial throne. 11 Hence, in tlie year 656, we have tliat interesting event, of the resistance of one monk of Constanti- nople, standing ahnost alone — the glorious martyi* Saint Maximus— in opposition to the whole power of the State, joined unhappily by Uishops who were subservient to that power. But he, though interro- gated by the imperial and patriarchal messengers, held fast to that truth ; that so long as he remained in communion with the See of Peter, he needed not to heed what might be the behests of the Emperor. And when he appealed from his decision to the Council which had been held at Rome, condemna- tory of the doctrine of the single operation in the will of Christ, he was told by the Bishop Theodo- sius, who had come to question him, that that Coun- cil was of no value. **0f no value?" he asked — ^Svherefore?" '" Because," said the courtly Bishop, " it was summoned without the permission of the Emperor." The holy monk intrepidly replied, ** I have yet to learn that the power of the Emperor is necessary for the Church to meet in Synod, or to make her canons. If it be the Emperor's orders which give authority to Councils, we ought to re- ceive those held by their orders against the Consub- Btantiality of the Son, such as tliose of Tyre, An- tioch, Seleucia, and Constantinople... and long after the second of Ephesus under Dioscorus. And why do you not reject the Council which deposed Paul of Samosata, under Pope Dionysius, and Dionysius of Alexandria, presided over by St. Gregory Thauma- turgus ? For it was not held by order of the Em- 12 peror." "" Such was the position of the Church, then, after peace : in a state even still, with regard to faith, of incessant conflict with the civil power, and never for one moment admitting its authority to pronounce upon any matter of doctrine, or of faith. And thus it continued in subsequent ages. No one can be acquainted with the history of the Middle Ages, without knowing that there were throughout them two powers, sometimes at peace, but almost oftener at war — the Empire and the Papacy. With the Emperor generally were to be found leagued, if not in active alliance, at least in unity of prin- ciple, the great sovereigns of Europe. We know how, in our own country, men like Lanfranc, An- selm, Thomas, and Edmund, men, whose names are venerable to this day for their holiness, were the victims, one and each of them, of this conflict. They suffered exile, and even death, when neces- sary, rather than submit to the usurpation and claims of the State, in regard to the Church. In- stead of supremacy having been allowed to the civil rule, it must be granted that in questions, not always and not so much perhaps of faith, but regarding the rights of the Church, her benefices, investitures, the homage to be done by ecclesiastical persons, and many other similar points — the two were rather anta- gonistic, than allied, powers. It miiy be said that in some sort they were like two powers, which are to be found in most kingdoms, the civil and the military. When they go together in good accord, when that which ought to have the disposition and rule, * Fleury, vol. viii. p. 545, lib. xxxix. No. 17. 13 can command the energies and vigour of the other, then all is peace — all is tranquil and happy ; but so soon as that which should act in dependance on the principles of the other, takes upon itself to com- mand, when the sword pretends to give the law to the nation, then comes misery, and havoc, and ruin; and yet the two powers are necessary for one another, and will seek for reconciliation, and endeavour, if possible, to adjust their claims. And so the Church, which had under its guidance, under its care, through commission of its Head, our Lord Christ Jesus, the spiritual welfare of the world, rulers, and people, whose duty it was to watch over its more sacred and more important interests, was at times in harmony with this other, this civil power, to which had been entrusted the care of material and worldly interests, and whose duty it naturally was to make these subserve to those which were so much greater. At such times all was at peace; because that which should be naturally subject, in regard to moral and religious matters, acknowledged the obedience therein due to the spiritual authority. But when it took upon itself to interfere with matters of reli- gion, with matters of Divine or ecclesiastical right, then came the conflict; because those were not days in which the Church knew how to yield one atom of her inheritance; and she fought the battle; and though often oppressed and trampled under foot, still she rose again, and in the end she ever con- quered. While in every other country in which Religion as it existed then, has been maintained, that same 14 spirit, that same principle, has equally endured, in this country, perhaps alone, was ever made a clear, a definite, and a deliberate surrender of spiritual power into the hands of the State. It may be said that the work began in tyranny. It did, no doubt; but it was submitted to not merely when under the pressure of the first command, but afterwards, when there had been time for reflection, when there liad been time to weigh in the balance the loss of tem- poral advantages, the protection of the State, its endowments, its pre-eminences; and on the other hand, the spiritual rights and prerogatives of the Church. In the 24th year of the eighth Henry ^ there was issued the Royal mandate, under the form, indeed, of a Legislative Act, which trenched, for the first time, on the spiritual jurisdiction as it had been for ages established. For, my brethren, putting aside all question of right, and taking it merely as a matter of consideration historically, there can be no doubt that, up to that time, there were appeals from this country to the jurisdiction of the Holy See, that these appeals were real, that they were not merely in theory, but that they were per- mitted by law — by a Law which recognized it as a part of ecclesiastical right. The Pope was acknow- ledged as the Head of Christ's Church. England considered itself as a portion of that Church. He was the last, the final appeal in all matters eccle- siastical; and whatever jealousy from time to time may have arisen in the State, it was a recognized right; and if a bishop or a priest was aggrieved, he could appeal, from the last jurisdiction in this 15 country, directly to the Head of the Church. The first trenching on this authority consisted in the forbidding-, under severe penalties, the carrying ap- peals to this authority, upon certain given points. And yet it would appear, as if in other matters more purely spiritual than those which were enumerated, it was still intended to allow the same power of appeal to the Holy See. But this was shortly fol- lowed up by the second tremendous act of separa- tion, by which not only every appeal to the authority of the sovereign Pontiff was made a crime, and subjected the party appealing to grievous penalties ; but even that appeal which had been given to the Archbishops and to the Convocation, was repealed, and the King reserved to himself the power of de- ciding, by a Court of his appointment, in all such cases. Now here is an act — a most clear and deci- sive legislative act; and that act, though repealed afterwards in the time of Mary, was again re-en- acted, confirmed, and made a part of the law of the country in the very first year of Ehzabeth ; and it so remains to this day — with the modification that has lately taken place. Now an important question arises here; Was this the act of the Church of England ? It was the act of the Church of England, by its simple acqui- escence; because, if a jurisdiction is established which affects the rights of an individual or of a body, if that individual or that body does not pro- test, does not say a word to contravene it, still more, if it submits to its decision, it virtually ac- knowledges the existence of such authority ; it sub- 16 jects itself to it; it cannot refnse to plead against it; and if it allows years, and even centuries to pass, in quiet acquiescence of it, and never exer- cises any act at variance with it, it must be consid- ered to have subsided into an acceptance of it, even though at the beginning there may have been repug- nance. But the second canon of the Church of England, which is acknowledged to be binding upon the clergy, expressly forbids any one to deny to the Queen or to the King that jurisdiction or authority in matters or cases ecclesiastical, which was given to the Crown by the laws of the country, under pain of excommunication ipso facto, reserved to the Archbishop alone, who cannot absolve the person that is guilty of it, until he has retracted his opinions." Then by this Canon enacted by the Church under such tremendous penalties, the very heaviest which any Church can inflict; because it is not only a censure, it is not only an excommunication incurred ipso facto, that is, without any sentence, but it is what is called a reserved case, a reserved excom- munication, from which only the Archbishop, not even the Diocesan of the guilty person can absolve *" Whosoever shall hereafter affirm that the King's Majesty hath not the same authority in causes ecclesiastical that the Godly Kings had among the Jews, and Christian Emperors of the primitive Church ; or impeach any part of his regal supre- macy in the said causes, restored to the croiun, and hy the laws of this realm therein established, let him be excommunicated ipso facto, and not restored but only by the Archbishop, after his repentance, and public revocation of those his wicked errors." — Can. ij.. 17 liim — hy tins canon, so sanctioned, so sacred, the Church has bound herself to acknowledge the Su- premacy, in those terms in which it was bestowed npon the Crown by the civil Law of the country. Now if we go to the Act of Elizabeth, in which the Jurisdiction is so given, it is so explicit, so full, that it seems impossible to find an evasion ; for it vests, by authority of Parliament, in the Crown whatever authority, jurisdiction, or pre-eminence, ecclesiastical or spiritual, had ever been held within this rcahn by any ecclesiastical power or authority, for the visitation and correction of all manner of errors, heresies, schisms, abuses and offences. Then here is the power given, first to the Crown, to decide in causes ecclesiastical. Here is the power given to the extent of any spiritual power ever held in the kingdom ; consequently, it is made commensurate w itli that of the Sovereign Pontiff in catholic times. Here is the power given, not merely with respect to mixed cases, but such as are purely of an eccle- siastical character — schism, error, heresy. And then comes the Canon, which confirms by eccle- siastical authority, under the heaviest penalties, with the strongest sanction, every word of this conces- sion. Then, I ask, is it not the joint act of the State and of the Church, and has not the Church sanctioned completely to its full extent, the whole of what the State had done ? Then it seems mere trifling to speak of this not having been the act of the Church, of its having been a mere temporal, a mere legislative enactment; it has been accepted 2 18 by that Church, both by tacit acquiescence, and by formal sanction. It is important, my brethren, that you should bear in mind the words of this Canon. It clearly admits that whatever has been bestowed on the Crown by the Laws of the country in regard to causes ecclesiastical, thereby becomes a just right, inherent in it. As, therefore, it simply enacts that what the Legislature had given in regard to these causes, spiritual and ecclesiastical, to the Crown, is on that account (for it does not enter into the merits of the concession) to be considered as binding, it follows, that if the Legislature makes modifications of this Law, that is, prescribes various modes of acting within the limits of that authority, then that the Church has virtually sanctioned the principle, that such modifications are binding upon itself. When, therefore, by late legislative enactments there was a change made in the form of the tribunal, when certain persons were appointed to judge instead of those who had been before employed, it follows, that as this rests on exactly the same authority as did the former concession, that as these are mere acci- dentals and accessories to the jurisdiction granted, it can never be pleaded, that because a change of this secondary character has been made in the mode of operation of that previous law, therefore it is something new, — a new usurpation, as it were, of rights, dormant indeed, but still inherent, in the Church. And yet, when apparently for the first time, there has come forth a decision from this authority (for one which had previously been made had been 19 passed by, almost unnoticed) men seem startled, astonished, that there did exist, ku'king somewhere, a power of which they profess to have been ignorant, but which now, having at length acted, having, as it were, fastened itself on the Church, they begin to deliberate upon the important question, what is the nature of its decision — to what extent is it binding — from it is there any appeal ? Is this a final sen- tence, or does there yet remain another which may be invoked ? This is indeed the great, the real, and the vital question of the moment. In what way are those who believe that in the English Church there are inherent rights of jurisdic- tion, and a power to decide on matters of doctrine, to look upon the decision which has been made ? They speak of it as though it w^ere onV the opinion of a few persons of no authority in the Church; and some even go so far as to say, that they are entitled to despise it, to set it at nought, on this ground. But let us examine in what way was appeal made to this tribunal? For it was a Court of appeal to which a cause that had been pending in a lower tribunal, and had been there decided, was finally carried. Was it carried up merely as to a higher step of jurisdiction, or was it carried as to a Court of final appeal ? Who for a moment can hesitate to decide ? It was a Court constituted by law, and they who appealed to it, appealed to it according to the tenor of its constitution. That constitution is, that, when its sentence has been pronounced, this is incapable of further review or revision ; — a term which at once pronounces that it is final. Then if a 20 Bishop of that Church pleads before such a Court, allows his case to be carried to it, he allows it to go thither as in appeal to a jurisdiction which has been pronounced final; and the very act of his so submit- ting to it, at once gives his sanction to it in that capacity. And those who presided at it, or they rather who were its assessors — they too are Bishops of that Church, nay one its Archbishop, and he sat there and agreed to act as an assessor, and perused the sentence, and gave his assent to it according to the constitution of the Court, as established, and that Covu't was appointed as a Court of final appeal, beyond which there was no power to carry the en- quiry. It is said, however, " Yes, but there was one Bishop who did not assent to the judgment," and much stress is laid upon this, and expressions of great hope are founded upon it. But he sat upon it, he sat at that tribunal as an assessor, knowing it was constituted a Court of final appeal ; and we cannot suppose that persons of such character and station would say, *Sve will act on that court in accordance with a given law, but at the same time with no intention of recognizing the jurisdiction which that law gives to that Court, nor the right of law to bestow it." Then the whole nature of the transaction, from the beginning to the end, is such, as stamps it at once with the character of a final act. The appeal was taken to that tribunal as to one which had to pronounce a final and decisive judgment — no appellate jurisdiction remained. But there has been a fallacy most marked in much of the reasoning which has been put forth upon 21 this subject. It is said that it is the opinion after all, that it is the judgment of Laymen, It is not so ; because, it is needless to repeat, that it is the sen- tence of the supreme authorit}^ to which in the Church has been awarded the power of deciding in matters of errors, heresy, and schism. It is the Head of the Church — its Chief Governor, that has pronounced the decision ; the others have been but her Counsellors to guide her judgment; and her fiat has been spoken under the sanction of the supre- macy, which the Church herself has acknowledged, or bestowed upon her. Again I would ask, who ever heard in Ecclesi- astical History,, or in Canon Law, of an appeal from the Archiepiscopal Court to any other Court ns only intermediate, to some other final appeal ? It is said ; *'^there remains still a Convocation. We have still a national council to which we may appeal.'* It would be, I think, utterly unheard of and unknovvrn, first of all that there should be an appeal from the Archi- episcopal Court to the civil power (if this was the decision only of the civil power) and that then from that decision another appeal, nowhere provided for, nowhere mentioned, nowhere sanctioned; and which, if it did exist, would be, in fact, without a precedent or authority in Canon Law. For in fact, the appeal to a Convocation or Synod, in a matter which has passed the Archiepiscopal Court, even if direct, would be, I believe, a thing unheard of, in ecclesias- tical jurisprudence. It would be like an appeal from the Archbishop to the Archbishop, from his Court to his Synod. And as the very nature of an appeal 22 requires recourse to a higher power, it will not be found that in this country, or in any other. Synods, which can only be called together by the Archbishop, were made or considered a tribunal of appeal against him, or above him. But the course now imagined, of a passage through a temporal, or lay tribunal, (if the one in question is to be so considered,) from the Archbishop's Court to the last appeal, as though it were an intermediate step, is completely a new fig_ ment, unknown in Canon Law, most unconsonan with its principles and practice. Seeing, therefore, that the Queen's Council has been admitted, at all, by the highest purely ecclesiastical authorities in the English Establishment, as a Court of appeal from the ecclesiastical tribunals, it must be held to be the very highest possible jurisdiction, in those matters that are carried to it, and therefore to be final. In fact, the Crown is the only authority recognized as superior to the See of Canterbury, within the realm. And surely, as things stand now, it must strike us as a most strange inconsistency, that it should be said in many of the publications put forward on the subject, that this is the case of a lay tribunal revers- mg the judgment, or decision, of the Archbishop in his Court of Arches. Now the principle is here assumed, that, though the bench of that Court itself consists of mere laymen, and though it pronounces its award without even consulting the sentiments of that Archbishop, yet, because it is .his tribunal, it speaks with his authorit^^, and its award is to be con- sidered as his decision. Then the same principle would compel us also to say, that no matter who 23 speaks, who pronounces in the second tribunal, if its sentence emanates from the only superior authority that the Church admits ; it is not, as has been said, the State, it is not the Privy Council, it is the supremacy that pronounces here. But mark a further inconsistency. It is said: ^' here is an appeal made to laymen from the eccle- siastical Court of the Archbishop — is that to be tolerated?" Strange indeed I say it is that the judgment, deliberately given, of that very Arch- bishop, should be in conformity with the award of that supposed lay tribunal, and for the reversing of the judgment said to have been pronounced in his own court. Either, therefore, that first decision is to be considered as his, and then we have him pro- nouncing an opinion, and concurring in a judgment, completely at variance with his own award, and even reversing it ; or it is not to be considered as his, and then it is but a mockery to say that it proceeded from his tribunal, or that there has been any previous ecclesiastical trial at all. In this case there is per- fect parity between the two tribunals, the lower and the higher, and any exception taken to the latter, must equally apply to the former. In fine, my Brethren, who after all represent the Church ? Who are they whom Christ has appointed to watch over the law, over the interests, over the principles of His Church ? Is it the sheep, or is it the shepherd? Is it the subject, or is it the ruler? Is it the Clerg}^ — the ministering Clergy of the Church, and the Laity ? Or is it the epis- copal body, whose duty and office it is to speak the 24 sentiments of the Churcli ? Now, it is clear that while the clamour that is being made proceeds from those whose duty it is to listen, and to learn, and to obey, and from those whose duty it is to teach others to learn, and to obey ; they who naturally must be admitted as the interpreters of the Church's wishes, as the depositories of her true principles, as the most likely to have at heart her best interests, have from the beginning- acquiesced in the present law; they were in fact parties to its enactment. They had opportunity of protesting or warning against it, of opposing it, of proposing amendments to it, while it passed through the legislature ; yet they never did one of these things. Surely they bear the full responsibihty of such an unopposed enact- ment i and the Church, which acknowledges them as its ecclesiastical and spiritual rulers, is bound by their collective consent, though tacit, as by a collec- tive act. For no other part of the body cried out, or protested against that silent acquiescence. And further, it must be owned, that it strikes a Catholic as most anomalous, and almost incredible, that persons, the main drift of whose teaching and theological system has been for years, to exalt the rights and powers of their Church, and to urge her rights over men's consciences, should now stand up and declare that they did not know, till this case came forward, of the existence of such a tribunal pos- sessing the power to decide finally in such matters. I would ask you, would you think any Catholic was jesting or in earnest, were he to tell you, it was not till the other day, till he heard of some decision 25 which had been given, that the Pope was the ulti- mate appeal in matters of faith, that the Holy See had jui'is