The English Constitution

poral law. Even Blackstone (to whom every Englishman owes so great reverence) is not entirely free from this Erastian spirit, which was a stain upon the times in which he lived. To counteract these erroneous and dangerous views, I have introdu.ed a good deal of ecclesiastical law, that the reader may acquire some notion of the constitution of the Church, and its independence of human sanctions.

In some places I may be accused of dealing with matters appertaining rather to divinity than to law; but it will perhaps appear, on reflection, that this was necessary, in those particular instances, to convey a correct notion of the Church and its constitution. For how can we form an accurate idea of the connexion between Church and State without knowing something of the intrinsic nature of the polity of the Church? If the Church were formed and erected by the State, it would be otherwise; but the Church is something pre-existing, and must therefore be considered in itself, as well as in alliance with the State.

And, on careful consideration, these higher principles will be found far more compatible with toleration and true civil and religious liberty, than the merely political and worldly theory of Church and State, which makes the Church rely upon penal statutes and political disabilities, instead of asserting her own independence and authority, and claiming the duty and affection of her children as her inheritance by Divine right.

It must be admitted, that a legal book written on ecclesiastical principles is somewhat new, and may perhaps meet with serious objections on the part of

those who are averse from any thing out of the four corners of a record, or the literal construction of an act of parliament. How far this experiment may prove successful, time only can shew.

It has been my endeavour to avoid all allusions to party-politics and public men now living. I have propounded what I believe to be the true principles of the constitution. Whether those principles be agreeable to the tenets or interests of Tories, Conservatives, Whigs, or Radicals, I have never for a moment thought; and those who may do me the honour of looking into the following pages will find nothing to ruffle their composure, whatever may be their party, or however much the doctrines here set forth may be at variance with their political opinions. A writer on public law should, indeed, endeavour to preserve an almost judicial impartiality, and avoid every expression calculated to excite prejudice or produce irritation.

I will not detain the reader with professions of my great diffidence and anxiety in the accomplishment of this task, nor of the profound humility with which it is now brought before the tribunal of public opinion. Such declarations are, I trust, superfluous.

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