Page:The Conscience Clause (Oakley, 1866).djvu/40

28 in its trust deed, may the Apostles' Creed be taught to all the scholars? and may it be made a rule that the Bible be read by them all?"

Now, the clause does not affect the religious teaching, except by exemption from it. But proposed for a lawyer's interpretation, it was impossible to avoid answering the questions so as to incur the accusation of greater laxity than the clause really effects. Had the Apostles' Creed and the Bible been on the same footing in the trust deeds of a school, it would have been fair to reply—I cannot really answer you, for the Conscience Clause has nothing to do with the details of your religious instruction; teach what your principles require and what your trust deeds allow. This clause does not interfere; it only provides that a child may be withdrawn from it, if the parents choose, without thereby becoming liable to be turned out of the school." And reply as to the this is, in effect, Mr. Lingen's answer in the case of the Apostles' Creed:—"I am directed to state that the Apostles' Creed, being a formulary of the Church of England, might be required not to be taught to a child by its parent who belonged to a communion wherein that Creed was not used." Of course. What else is the Conscience Clause for? In a word, a most extreme case is put, and the general effect is inferred from that. The formulary, which scarcely an English Dissenter would object to, is selected ad majorem invidiam in order to drive the Secretary of the Committee of Council to say what every one knew beforehand he must say, that quâ formulary of the Church of England (which it is not distinctively), a scholar must be excused from learning it if his parents objected to his doing so. How could Archdeacon Allen be for a moment turned aside from his own previous judgment on the merits by such an inevitable answer to such a manifestly misleading question?

The case of the Bible is different. The invidiousness of the question is more subtle; the answer was proportionally more diffi-