Page:The "Conscience Clause" (Denison, 1866).djvu/36

32 longer require the statement of special circumstances as prescribed by the Regulation of the 24tli September, and the Minute of the 3rd December, 1839, in the case of applications from schools not in connection with either the National or the British and Foreign School Society."

What again do we read in the Management Clauses of the Church of England schools?

"My Lords" regret that the Church of England does not concur with them—of course they do. They did so in 1839-40, and again no doubt in 1847. But the difference between 1839-40 and 1858, and 1847-52 and 1858, is that in 1839-40 and 1847-52, though they regretted the non-concurrence, they felt bound to respect Church principles. In 1858 they had made up their minds to supersede or override them of their own authority.

I submit then that I have proved that it is "not just" to impose a "Conscience Clause" upon Church Schools by the confession of the very body who are seeking to impose it, as by all the recorded facts of the history of the question.

But, it is said, is then the Civil Power precluded from revising the principles of a public contract with the Church of England? Now in the letter of Sir J. K. Shuttleworth cited above the words "now or hereafter" appear to show that in his mind at least the principles were fixed and final; and when it is remembered that one of the contracting parties is the Church, whose principles cannot change, one is not surprised that he should have so regarded the matter.

But let this pass, and let us deal with the objection in itself.

In 1839-40, and again in 1847-52, the Civil Power recognised the principle of the Church in this matter as the basis of their