Page:The Green Bag (1889–1914), Volume 08.pdf/366

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The English Law Courts.

333

a moment assert itself against the great a tower of strength to any cause that he es working system of Rome. poused; and not only so, but as a near rela The development of Ritualism was, how tion of the Prime Minister, Lord Palmerever, the work of the first Ritualistic prose ston, he had been able practically to regu cution, the Knightsbridge case, Liddell v. late the constitution of the Episcopate, and Westerton (1857, Moore's Special Report). had so regulated it as to give the Evangel In that case the judges (Lords Cranworth icals a great, one might fairly say an undue, and Wensleydale, Mr. Pemberton Leigh, preponderance in its composition. The afterwards Lord Kingsdown, Sir John Pat- Church Association too had just been estab teson and Sir lished (in W.H.Maule) 1865) as a counteractive laid down two totheEnglish i m porta n t Church Un maxims of ion. We can interpreta not here enter tion : (1) that into the early whatever was non- litigious lawful under conflicts in the First which the Prayer Book rival parties of Edward VI engaged . remains so now, and (2) (See on this that the use subject A. H. of articles, Mackonoreasonably chie's Life, subsidiary to by E. A. T., the service, p. 140.) They although not came into act expressly ual collision mentioned in first, after the the rubric, is formal out not necessari break of hos ly to be for tilities, in the OLD ALTAR, ST. ALBANS, HOLBORN. bidden. (It case of Mar was under the protection of this latter canon tin v. Mackonochie, which raged at intervals, that the credence table was declared legal.) and with such perplexing gyrations that it is On the strength of these two maxims the I difficult to tell at any moment what particular Catholic party set about the reconquest of the judgment was in force, from 1867 till 1883. Catholic ritual for the Church of England with A rapid survey of the course pursued by this considerable vigor and enthusiasm. They remarkable suit may be of interest. It was were met by immediate opposition at the instituted really by the Church Association, but nominally by a solicitor named Martin, hands of the Evangelical party. From the point of view of the latter body, who was technically qualified to prosecute in consequence of his name standing on the the moment was peculiarly favorable for ag rate book of the district of St. Albans, and gressive action. Their leader, Lord Shaftes bury, was a man whose name was deservedly involved the legality of (1) the elevation of