Mr. Gorham's "meaning" as gathered from the argument of his counsel. The following extract (containing some valuable observations explanatory of the principles on which the more concise statement in the judgment was made) will be more extended than would be necessary merely to refute the charge of false quotation just mentioned. Lord Langdale writes:-

"It has been argued against Mr. Gorham, that, in the 27th Article, the word rightly' is used in two distinct senses; meaning in the case of adults, with faith and repentance;' and meaning in the case of infants, in proper form.'

6

For Mr. Gorham it was argued, that the word always signifies a fit state to receive;' meaning in the case of adults, with faith and repentance;' and meaning in the case of infants, with God's grace and favour.'

The condition upon which the wholesome effect is made to depend, is the worthy or right reception of the Sacrament, and, as to this condition, nothing is found in the Articles from which it appears that there is any difference in the nature of the Sacrament as administered to adults, or to infants, upon the true construction of the Articles; worthy' or 'right' reception, is as necessary to infants as to adults, although the capacity and condition of infants are so materially different from the capacity and condition of adults as to require very different considerations of the two cases.

Upon subjects such as these, which the Articles (the Code of Faith) leave undetermined, it is not enough to say that one view, or one opinion, is more reasonable or

VOL. II.

U

more probable than another, or to say that the effect of Baptism without more is regeneration, in whatsoever sense that word is understood.

The term is undefined; the time and circumstances in which it is produced are undefined; and the opinion that it is conditional is not contrary to the Articles, and is not for that reason unsound, or to be punished as such."

The two following observations, which are the last which I shall extract from Lord Langdale's papers, show how acutely his mind had seized, as an equitable Judge, on the principal point of difference between the appellant and the respondent; and how deeply he lamented, as a Christian, the attempt to dogmatize where the Church has left the consciences of her members at liberty:

"If all baptized infants, dying before the commission of actual sin, must be saved, which both parties teach, their difference seems to be as to the mode and time in which the effect is accomplished; and the Church may not have dogmatically determined this."

"It is a sad reflection that men, agreed upon the points which the Church by her Articles and Services plainly declares, should stir up strife and contention by their disputes upon questions which are left open and undetermined, should place themselves in continual danger of being arrogant and dogmatical for themselves, of being unkindly and indiscreetly, if not fanatically, zealous in support of their own opinions; of forgetting the charity which interprets doubtful things in the most

favourable sense; and the moderation which has been quaintly but expressively called the silken string running through the pearl chain of all virtues;' and of acting upon principles, which, if generally applied, and capable of being enforced by law, would prevent all freedoom of thought and expression, and all toleration within the pale of the Church of England."

CHAPTER XVIII.

THE "Historical Sketch of the Articles and Liturgy, which will now be laid before the reader, was clearly not intended by Lord Langdale as an essay or dissertation upon that subject; but was simply a collection of notes, methodically arranged, from the arguments of counsel and other sources, for his private use, in deliberating on the documentary facts connected with the Reformation of the Church of England, with special relation to the case of "Gorham v. the Bishop of Exeter," on which he had to adjudicate, in the month of 1850.

HISTORICAL SKETCH OF THE ARTICLES AND
LITURGIES IN ENGLAND.

[With more particular reference to the doctrine of the two Sacraments, especially that of Baptism].*

[Being a portion of the notes (from the arguments of counsel, and from other sources, in the Appeal Case, "Gorham v. Bishop of Exeter "), taken by the Right Hon. Lord Langdale].

I.

SUBMISSION OF THE CLERGY, 1534.

After the submission of the clergy to King Hen. VIII.

*The passages and authorities that have been added in explanation of Lord Langdale's rough notes, are distinguished by brackets, thus [ ]

(1534-25 Henry VIII. c. 19), and the enactment that he was Supreme Head of the Church of England (1534 -26 Henry VIII. c. 1), it must have become desirable to establish an uniformity of doctrine as well as an uniformity of the worship of God.

II.

FIRST ARTICLES, 1536 (HENRY VIII.'S).

The first attempt to establish such uniformity, by authority of the Church of England, was made in the year 1536.

After debate in Convocation the King, with the alleged view to promote unity and concord in opinion, published certain Articles about Religion, which were divided into two sorts; the one sort such as were stated to be expressly commanded by God, and necessary to salvation; the other sort containing such things as had been of long continuance for a decent order and honest

Lloyd's "Formularies of Faith, put forth by authority during the reign of Henry VIII.," pp. 13-32. They may be seen, also, in Burnet's "Reformation," vol. i. pt. 1, pp. 391-395; vol. i. pt. 2, pp. 457-474, 8vo. edit. Oxf. 1816, from the Cotton MS. Cleopatra E. v. The title of these Articles, as given by Lloyd, is, "Articles devised by the Kinges Highnes Majestie to stablyshe Christen quietnes and Unitie amonge us, and to avoyde contentious opinions : which Articles be also approved by the consent and determination of the hole Clergie of this Realme. Anno M.D.XXXVI. Londini in ædibus Thomæ Bertheleti Regii Impressoris." These Articles were quoted, as of the first importance, in the arguments on the Gorham Case, before the Dean of Arches, by Dr. Bayford (Speech, pp. 8992); also in the arguments before the Judicial Committee, by Mr. (now Vice-Chancellor Sir George) Turner (Moores Report of the Case, &c. pp. 189, 236, 254, 446, 447), by Dr. Bayford (Moore, p. 254) and by their opposing counsel Dr. Addams (Moore, pp. 269, 302).