After the whig government was formed in 1846, Mr. Gladstone expressed himself as having little fear that they could do much harm, 'barring church patronage.' He was soon justified in his own eyes in this limitation of his confidence, for the next year Dr. Hampden was made a bishop.232 This was a rude blow both to the university which had eleven years before pronounced him heretical, and to the bishops who now bitterly and fervidly remonstrated. Grave points of law were raised, but Mr. Gladstone, though warmly reprobating the prime minister's recommendation of a divine so sure to raise the hurricane, took no leading part in the strife that followed. 'Never in my opinion,' he said to his father (Feb. 2, 1848), 'was a firebrand more wantonly and gratuitously cast.' It was an indication the more of a determination to substitute a sort of general religion for the doctrines of the church. The next really marking incident after the secession of Newman was a decision of a court of law, known as the Gorham judgment. This and the preferment of Hampden to his bishopric produced the second great tide of secession. 'Were we together,' Mr. Gladstone writes to Manning at the end of 1849 (December 30), 'I should wish to converse with you from sunrise to sunset on the Gorham case. It is a stupendous issue. Perhaps they will evade it. On abstract grounds this would be still more distasteful than a decision of the state against a catholic doctrine. But what I feel is that as a body we are not ready yet for the last alternatives. More years must elapse from the secession of Newman and the group of secessions which, following or preceding, belonged to it. A more composed and settled state of the public mind in regard to our relations with the church of Rome must supervene. There must be more years of faithful work for the church to point to in argument, and to grow into her habits. And besides all these very needful conditions of preparation for a crisis, I want to see the question more fully answered, What will the state of its own free and good will do, or allow to be done, for the church while yet in alliance with it?'
The Gorham case was this: a bishop refused to institute a clergyman to a vicarage in the west of England, on the ground of unsound doctrine upon regeneration by baptism. The clergyman sought a remedy in the ecclesiastical court of Arches. The judge decided against him. The case then came on appeal before the judicial committee of the privy council, and here a majority with the two archbishops as assessors reversed the decision of the court below. The bishop, one of the most combative of the human race, flew to Westminster Hall, tried move upon move in queen's bench, exchequer, common pleas; declared that his archbishop had abused his high commission; and even actually renounced communion with him. But the sons of Zeruiah were too hard. The religious world in both of its two standing camps was convulsed, for if Gorham had lost the day it would or might have meant the expulsion from the establishment of calvinists and evangelicals bag and baggage. 'I am old enough,' said the provost of Oriel, 'to remember three baptismal controversies, and this is the first in which one party has tried to eject the other from the church.' On the other hand the sacramental wing found it intolerable that fundamental doctrines of the church should be settled under the veil of royal supremacy, by a court possessed of no distinctly church character.
THE JUDGMENT
The judgment was declared on March 8 (1850), and Manning is made to tell a vivid story about going to Mr. Gladstone's house, finding him ill with influenza, sitting down by his bedside and telling him what the court had done; whereon Mr. Gladstone started up, threw out his arms and exclaimed that the church of England was gone unless it relieved itself by some authoritative act. A witty judge once observed in regard to the practice of keeping diaries, that it was wise to keep diary enough at any rate to prove an alibi. According to Mr. Gladstone's diary he was not laid up until several days later, when he did see various people, Manning included, in his bedroom. On the black day of the judgment, having dined at the palace the night before, and having friends to dine with him on this night, he records a busy day, including a morning spent after letter-writing, in discussion with Manning, Hope, and others on the Gorham case and its probable consequences. This slip of memory in the cardinal is trivial and not worth mentioning, but perhaps it tends to impair another vivid scene described on the same authority; how thirteen of them met at Mr. Gladstone's house, agreed to a declaration against the judgment, and proceeded to sign; how Mr. Gladstone, standing with his back to the fire, began to demur; and when pressed by Manning to sign, asked him in a low voice whether he thought that as a privy councillor he ought to sign such a protest; and finally how Manning, knowing the pertinacity of his character, turned and said: We will not press him further.233 This graphic relation looks as if Mr. Gladstone were leaving his friends in the lurch. None of them ever said so, none of them made any signs of thinking so. There is no evidence that Mr. Gladstone ever agreed to the resolution at all, and there is even evidence that points presumptively the other way: that he was taking a line of his own, and arguing tenaciously against all the rest for delay.234 Mr. Gladstone was often enough in a hurry himself, but there never was a man in this world more resolute against being hurried by other people.235
EXCITING EFFECT OF THE JUDGMENT
We need not, however, argue probabilities. Mr. Gladstone no sooner saw the story than he pronounced it fiction. In a letter to the writer of the book on Cardinal Manning (Jan. 14, 1896) he says:—
I read with surprise Manning's statement (made first after 35 years) that I would not sign the declaration of 1850 because I 'was a privy councillor.' I should not have been more surprised had he written that I told him I could not sign because my name began with G. I had done stronger things than that when I was not only privy councillor but official servant of the crown, nay, I believe cabinet minister. The declaration was liable to many interior objections. Seven out of the thirteen who signed did so without (I believe) any kind of sequel. I wish you to know that I entirely disavow and disclaim Manning's statement as it stands. And here I have to ask you to insert two lines in your second or next edition; with the simple statement that I prepared and published with promptitude an elaborate argument to show that the judicial committee was historically unconstitutional, as an organ for the decision of ecclesiastical questions. This declaration was entitled, I think, 'A Letter to the Bishop of London on the Ecclesiastical Supremacy.' If I recollect right, while it dealt little with theology, it was a more pregnant production than the declaration, and it went much nearer the mark. It has been repeatedly published, and is still on sale at Murray's. I am glad to see that Sidney Herbert (a gentleman if ever there was one) also declined to sign. It seems to me now, that there is something almost ludicrous in the propounding of such a congeries of statements by such persons as we were; not the more, but certainly not the less, because of being privy councillors.
It was a terrible time; aggravated for me by heavy cares and responsibilities of a nature quite extraneous: and far beyond all others by the illness and death of a much-loved child, with great anxieties about another. My recollections of the conversations before the declaration are little but a mass of confusion and bewilderment. I stand only upon what I did. No one of us, I think, understood the actual position, not even our lawyers, until Baron Alderson printed an excellent statement on the points raised.236
III
For long the new situation filled his mind. 'The case of the church of England at this moment,' he wrote to Lord Lyttelton, 'is a very dismal one, and almost leaves men to choose between a broken heart and no heart at all. But at present it is all dark or only twilight which rests upon our future.' He busily set down thoughts upon the supremacy. He studied Cawdry's case, and he mastered Lord Coke's view of the law. He feels better pleased with the Reformation in regard to the supremacy; but also much more sensible of the drifting of the church since, away from the range of her constitutional securities; and more than ever convinced how thoroughly false is the present position. As to himself and his own work in life, in reply I suppose to something urged by Manning, he says (April 29, 1850), 'I have two characters to fulfil—that of a lay member of the church, and that of a member of a sort of wreck of a political party. I must not break my understood