The question of the legality of the ritualistic innovations, or, to speak more accurately, of these restorations of ancient practice, has been before the law courts and the houses of convocation, but thus far without decided result. The Church Union in England, have published the opinions of nine eminent lawyers to whom the matter was referred, including Sir R. Phillimore, Sir Fitzroy Kelly, Sir W. Bovill, and Mr. Coleridge, all of whom are in favor of the legality of the "Eucharistic vestments," six in favor of two lights on the altar during the communion service, four in favor of wafer bread, and all more or less against the incensing of "persons or things." A committee of the lower house of convocation made a report on these subjects, which was presented to the upper house last June; and in view of the position taken by the authors of this report, and of the legal opinions above referred to, as well as the opposition of Dr. Tait, bishop of London, to the practices therein condemned, the rector of St. Alban's, Holborn, has felt himself compelled to discontinue, under protest, the objectionable manner of using incense, and the elevation of the bread and wine at the consecration. In an address to his congregation on the feast of the Epiphany, be declares his persuasion that the house of convocation is wrong, but he thinks it better to yield. "I must tell you," he adds, "for your own satisfaction, that the less obtrusive elevation indicated in the words of the prayer-book, 'here the priest is to take the paten into his hand,' and 'here he is to take the cup into his hand,' is quite sufficient for the ritual purpose, that, namely, of making the oblation of the holy sacrifice to God. The use of incense will now be discontinued at the beginning of the service, at the gospel, and at the offertory. Before the consecration prayer the censer will be brought in. At the consecration, incense will be put into it by the thurifer, but it will not be used, as at present, 'for censing persons and things.' This is a mode of using incense allowed by the ecclesiastical opinion, and not disallowed by the legal one."
Some time ago a number of prominent clergymen and laymen of the American Episcopal Church, addressed a letter to Bishop Hopkins of Vermont, asking his opinion "whether an increase of ritualism would be advisable," or whether it was best to be satisfied with "the ordinary average of present parochial practice"? The reply of Bishop Hopkins is contained in a little volume published last year.[Footnote 10] It is an elaborate defence of the lawfulness and reasonableness of the ritualistic practices, though it deprecates any authoritative infringement on the liberty which the Episcopal body has heretofore exercised in such matters. { 60} "I incline to regard it as most probable," the bishop says, "that this ritualism will grow into favor by degrees until it becomes the prevailing system. The old, the fixed, and the fearful, will resist it. But the young, the ardent, and the impressible will follow it more and more. The spirit of the age will favor it because it is an age of excitement and sensation. The lovers of 'glory and of beauty' will favor it, because it appeals with far more effect to the natural tastes and feelings of humanity. The rising generation of the clergy will favor it, because it adds so much to the solemn character of their office and the interest of their service in the house of God." And as for the effect of the movement upon the low churchmen, he believes that it will only become a more marked distinction between parties which have long existed, and which might well be allowed to appear in a more decided form without danger to the peace and prosperity of the denomination.