In moving these resolutions, Mr. Gladstone’s speech was of the highest interest and importance; ‘but never, perhaps, in his long career,’ writes the biographer of Archbishop Tait, ‘did his eloquence so completely fail to enlist the sympathy even of his own supporters, and the resolutions were withdrawn.’ The Bill, opposed by Dr. Pusey on one side and Lord Shaftesbury on the other, was carried in a modified form. Eye-witnesses have described the debate on the second reading: ‘The House, jaded with a long and anxious sitting, was eager to divide. A clear voice was heard above the clamour. It was Mr. Hussey Vivian, an old and tried friend of Mr. Gladstone. He rose to warn him not to persist in his amendments; not twenty men on his own side of the House would follow him into the Lobby. Already deft lieutenants, mournful of aspect, had brought slips of paper to their chief, fraught, it seemed, with no good tidings. When the Speaker put the question, there was no challenge for a division. Amid a roar of mixed cheers and laughter, the six resolutions melted away into darkness.’
Sir William Harcourt was one of Mr. Gladstone’s principal opponents in the course of the debate. In Committee there was rather an amusing passage of arms between Mr. Gladstone and his old Attorney-General. Sir William espoused the Bill strongly, and implored Mr. Disraeli to come to the rescue. ‘We have,’ he said, ‘a leader of the House who is proud of the House of Commons, and of whom the House of Commons is proud.’ A provision had been introduced into the Bill which would have overthrown the Bishops’ right of veto on proceedings to be instituted in the New Court. This provision Mr. Gladstone vehemently opposed, and quoted from the canonist Van Espero. Sir William ridiculed the quotations, and accused Mr. Gladstone at the eleventh hour of having come back to wreck the Bill. Two days after he again attacked Mr. Gladstone, and quoted authorities in support of his views. Mr. Gladstone’s reply was complete.
At this time Mr. Gladstone was much occupied with his favourite ecclesiastical subjects. In an article on ‘Ritual and Ritualism,’ contributed to the Contemporary Review, he contended for the lawfulness and expediency of moderate ritual in the services of the Church of England. He returned to Church questions in a second article entitled ‘Is the Church of England worth Preserving?’—a question which, of course, he answered in the affirmative. In the course of his remarks he created a perfect storm of indignation on the part of the Roman Catholics. To meet this Mr. Gladstone published a pamphlet called ‘The Vatican Decrees in their Bearing on Civil Allegiance.’ One hundred and twenty thousand copies of the pamphlet were sold in a few weeks, and the press was filled with replies. Mr. Gladstone returned to the charge in a pamphlet entitled ‘Vaticanism,’ in which he contended that in theory the Papal Infallibility was inconsistent with the requirements of civil allegiance. In connection with this subject, let it be briefly stated that in 1880, when Mr. Gladstone returned to power, one of the first things to be settled was the Dissenters’ Burial Bill, a subject first brought before the House of Commons by Sir Morton Peto in 1861. The Bill was finally piloted through the House of Commons by Mr. Osborne Morgan, Judge Advocate. Perhaps by this time Mr. Gladstone had become tired of ecclesiastical difficulties. In a letter to the Lord Chancellor respecting fresh legislation on the part of the Archbishop of Canterbury, Mr. Gladstone wrote: ‘The thing certainly could not be done by the authority of the Cabinet, were the Cabinet disposed to use it, of which at present I can say nothing.’
About this time a church was built at Stroud Green, near Finsbury Park, at a cost of £11,000, £8,000 of which was contributed by the parishioners and their friends. It was an Evangelical or Low church, but when, on the incumbent’s retirement, Mr. Gladstone, claiming the presentation on behalf of the Crown, thought fit to appoint as Vicar a clergyman whose antecedents proved him to be commonly known as ritualistic, the parishioners protested. Petitions against Mr. Linklater’s appointment, signed by 2,300 petitioners and members of the congregation, were presented to Mr. Gladstone. The following is a quotation from a letter written by the late Vicar: ‘There is a very widespread anxiety through the congregation that the church which their money has built should not pass into the hands of one who does not hold the same Evangelical views, or favour the same simple ritual to which they have been accustomed.’ The Bishop also appealed and remonstrated; all was in vain. On August 23, 1885, Mr. Linklater was inducted to the charge of the parish. A majority of the seat-holders at once relinquished their seats; others, we are told, have since followed their example, and some who remained in hope of better things are obliged to acknowledge that their hopes are disappointed. The services most prized by the congregation have been discontinued, and other services introduced which are believed to be unscriptural, contrary to the laws ecclesiastical, and opposed to the plain directions of the Book of Common Prayer.
CHAPTER VI.
MR. GLADSTONE AND THE DIVORCE BILL.
In 1857 there occurred a memorable passage of arms between Mr. Gladstone and Sir Richard Bethell—afterwards Lord Westbury—on the subject of divorce. More than one Commission had reported in favour of establishing a separate court, so that the dissolution of marriage might be effected by judicial separation instead of a special Act of Parliament. By this change the expense incident to the existing procedure would be materially reduced, and the remedy which lay within the reach of the wealthy would be extended to the poor. As the law stood, the privilege of obtaining a relief from the marriage tie depended on a mere property qualification. If a man had £1,000 to spend, he might rid himself of an unfaithful wife; if not, he must remain her husband.
The absurdity of the law was well put by Mr. Justice Maule. A hawker who had been convicted of bigamy urged in extenuation that his wife had been unfaithful to him and deserted him, and that was why he had to take a second wife. In passing sentence, the judge, addressing the prisoner, said: ‘I will tell you what you ought to have done under the circumstances, and if you say you did not know, I must tell you that the law conclusively presumes you did. You should have instructed your attorney to bring an action against the seducer of your wife for damages; that would have cost you about £100. Having succeeded thus far, you should have employed a proctor, and instituted a suit in the Ecclesiastical Court for a divorce a mensâ et thoro; that would have cost you £200 or £300 more. When you had obtained a divorce a mensâ et thoro, you had only to obtain a private Act for a divorce a vinculo matrimonii. The Bill might possibly have been opposed in all its stages in both Houses of Parliament, and altogether these proceedings would have cost you £1,000. You will probably tell me that you never had a tenth of that sum, but that makes no difference. Sitting here as an English judge, it is my duty to tell you that this is not a country in which there is one law for the rich and another for the poor. You will be imprisoned for one day.’
The long-postponed Bill was introduced into the Lords, where it passed after unflagging opposition from Bishop Wilberforce. July 24 was the date fixed for its second reading in the House of Commons, but no sooner had the Attorney-General (Bethell) risen to explain the Bill than Mr. Henley interposed with a motion that it be read again in a month. He was supported in this unusual proceeding in a speech of great length and energy by Mr. Gladstone. The motion was negatived by a large majority. On July 30 the Attorney-General made his proposed statement. In the course of his speech he pointedly alluded to Mr. Gladstone as a great master of eloquence and subtle reasoning. ‘If that right hon. gentleman had lived—thank Heaven he had not—in the Middle Ages, when invention was racked to find terms of eulogium for the subtilissimi doctores, how great would have been his reputation!’ The case against the Bill was presented with the most telling force by Mr. Gladstone. He began by urging the strong feeling against the Bill, and the great danger of precipitancy on legislating in such a House under Government pressure. The Bill undertook to deal not only with the civil consequences and responsibilities of marriage, but also to determine religious obligations and to cancel the most solemn vows; while, though not invested with any theological authority, it set itself up as a square and measure of the consciences of men. ‘I must confess,’ continued Mr. Gladstone, ‘that there is no legend, there is no fiction, there is no speculation, however wild, that I should not deem it rational to admit into my mind rather than allow what I conceive to be one of the most degrading doctrines that can be propounded to civilized men—namely, that the Legislature has power to absolve a man from spiritual vows taken before God.’ Mr. Gladstone met the assertion that the Bill made no change in the law, but merely reduced to legislative form what had long had legislative effect, by a direct negative. The Bill carried divorce to the door of all men of all classes, and was therefore to all intents as completely novel as if it had no Parliamentary precedent. Entering upon the theological arguments under protest, as a discussion which could not properly be conducted in a popular assembly, he adduced much historical testimony, particularly that of the Primitive Christian Church, to refute the propositions of the Attorney-General as to the solubility of marriage. Coming down to the Reformation, Mr. Gladstone forcibly summarized Sir Richard Bethell’s argument, turning aside for a moment to interpolate an amusing personal reference:
‘While I am mentioning my honourable and learned friend, it would be ungrateful in me not to take notice of the undeservedly kind language in which he thanked Heaven that I had not lived and died in the Middle Ages. My hon. and learned friend complimented me on the subtlety of my understanding, and it is a compliment of which I feel the more the force since it comes from a gentleman who possesses such a plain, straightforward, John-Bull-like character of mind—rusticus abnormis sapiens crassaque Minerve. Therefore, and by the force of contrast, I feel the compliment to be ten times more valuable. But I must say, if I am guilty of that subtlety of mind of which he accuses me, I think that there is no one cause in the history of my life to which it can be so properly attributed as to my having been for two or three pleasant years the colleague and co-operator with my hon. and learned friend. And if there was a class of those subtilissimi doctores which was open to competition, and if I were a candidate for admission and heard that my hon. and learned friend was so likewise, I assure him that I would not stand against him on any account whatever.’
Mr. Gladstone’s next sally was received with much applause. He contended that the Attorney-General had surpassed himself in liberality, for he gave a ninth beatitude: ‘Blessed is the man who trusts the received version’—a doctrine much more in keeping with the Middle Ages and those subtilissimi doctores than with the opinion of an Attorney-General of a Liberal Government in the nineteenth century; that was, Blessed is he who shuts his eyes, and does not attempt to discover historical truth; who discards the aims of legitimate criticism; who, in order to save himself trouble and pass an important Bill without exertion, determines not to make use of the faculties that God has given him, and throws discredit upon scholarship and upon the University of which he is a conspicuous ornament, by refusing to recognise anything but the received version. Referring to the social aspect of the question, Mr. Gladstone with glowing eloquence deplored the change which the Bill would work in the marriage state, as shaking the great idea of the marriage ceremony in the minds of the people, marking the first stage on a road of which they knew nothing, except that it was different from that of their forefathers, and carried them back towards the state in which Christianity found the heathenism of man. In conclusion, he declared that he resisted the measure because it offended his own conscientious feelings; it was a retrograde step, pregnant with the most dangerous consequences to their social interests; it was not desired by the people of this country; it contained a proposal harsh and unjust towards the ministers of religion, and involved an insult to religion itself; and, lastly, because it was brought forward at a time when it was impossible to bring the mind of the country and the House to an adequate consideration of its magnitude and importance. Although he might be entirely powerless in arresting its progress, he was determined, as far as it depended upon him, that he would be responsible for no part of the consequences of a measure fraught, as he believed it to be, with danger to the highest interests of religion and the morality of the people. The speech held the House spellbound, and its conclusion was greeted by prolonged cheering. It was felt that all that could be said against the measure had been said. After a forcible reply from Sir Richard Bethell, in which he addressed himself exclusively to the argument of Mr. Gladstone, who had, he said, on that occasion transcended himself, and, like Aaron’s rod, swallowed up all the rest of the opponents of the Bill, the second reading was carried by a majority of 111. It was time Mr. Gladstone exerted himself; he had lost ground last session as being unpractical.