ABSTRACT

The decision on the appeal of Burder v. Heath was delivered on June 6, 1862. The Judicial Committee of the Privy Council sustained Lushingtons verdict and 'the principles of decision on which it had been based. Dr Stephen Lushington was free to render his decision in the cases of Williams and Wilson. Lushingtons judgment, delivered on June 25, was as careful as his preparation. He began by stating his general principles, but he had first to note that the form of a review presented certain difficulties in determining the position of its author. Williams' statements that the Bible was the 'expression of devout reason' and 'the written voice of the congregation' were 'inconsistent with the doctrine that it was written by the interposition of God'. The legal case boosted the sales of Essays and Reviews, which had slowed in the latter part of 1861.