JUDGMENT DELIVERED BY THE RIGHT HON. SIR ROBERT PHILLIMORE, D.C.L., OFFICIAL PRINCIPAL OF THE COURT OF ARCHES, IN THE CASES OF MARTIN v. MACKONOCHIE AND FLAMANK v. SIMPSON. EDITED BY WALTER G. F. PHILLIMORE, B.A., OF THE MIDDLE TEMPLE, FELLOW OF ALL SOULS COLLEGE, AND VINERIAN SCHOLAR, OXFORD. SECOND EDITION. LONDON: BUTTERWORTHS, 7, FLEET STREET, 1868. THE arguments in these cases, which occupied sixteen days for the hearing on the merits, included a wide range of matters connected with ecclesiastical jurisprudence. The Judgment will be found to extend to a discussion of the general legal and ecclesiastical principles of the Reformation in the 16th century, and of the present position of our Church. It contains also an historical and legal analysis of the value of the argument drawn by the Counsel for the Promoters from the practical disuse of particular ceremonies. 66 The following points underwent judicial investigation to a greater extent than is to be found in any former decided cases; namely, the authority of the Crown per se, and under the Supremacy and the Proclamation Acts of Henry VIII., to issue Injunctions; the legal meaning of the term Ceremony," as used in the Statutes of Uniformity; the rubric as to the discretion of the Ordinary; and the principles upon which the Court should proceed in the construction of rubrics, and the existence of a common unwritten law of the Church, side by side with the written statutes, rubrics, canons, and constitutions. The Counsel in the case of MARTIN V. MACKONOCHIE, were, For the Promoter, Dr. A. J. Stephens, Q.C., Mr. Coleridge, Q.C., Mr. Droop. For the Defendant, Mr. W. H. James, Q.C., Dr. Tristram, and |