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SPEECH

OF

ROBERT PHILLIMORE, D.C.L., Q.C.

of

ROBERT PHILLIMORE, D.C.L., Q.C.,

in the case of

“ THE OFFICE OF THE JUDGE PROMOTED BY

THE BISHOP OF SALISBURY

AGAINST WILLIAMS."

Delivered on the gth, roth, and 11th of February, 1862.

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SAUNDERS, OTLEY, AND CO.,
66, BROOK STREET, HANOVER SQUARE, W.

1862.

100. p. 457

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1

MAY
AY it please your lordship, it now becomes my duty to

offer to the Court some reasons why the objections which have been urged against the admissibility of these articles should not be considered valid in law.

My lord, it is right, perhaps, at the outset that I should state clearly the exact technical position in which the case is now placed. The main question is debated upon the admissibility of the articles in this case—a proceeding which resembles, though it is not identical, with a demurrer at common aw. This circumstance, however, will give to the accused party an advantage which, as appearing for the Bishop of Salisbury, I by no means regret, the advantage of a reply.

My lord, the peculiar shape which these proceedings have taken is well known to your lordship and to those who practice in this Court, and, therefore, I only make this preliminary observation in order to prevent any mistake with respect to it being entertained elsewhere. Having made these observations as to the technical state of the case, I entirely agree with the opinion often vehemently urged upon your lordship, during the progress of this debate, as to the great importance of the issue. My lord, stripped of the technicality of the law, the real issue before your lordship may be stated in a very few words, for practically and substantially it is this—Is it competent to beneficed clergymen, with cure of souls, who have subscribed the Articles and Formularies of the Church of England—the whole object of which Articles and Formularies is to secure to the people of this country the teaching of God's Word, written to use the exact words of the Article-Is it ompetent to beneficed clergymen, by what they are pleased to call “remorseless criticism,” to dispose of all the prophecies of the Old Testament; and by what they are pleased to call a

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