FREE BOOKS

Author's List




PREV.   NEXT  
|<   917   918   919   920   921   922   923   924   925   926   927   928   929   930   931   932   933   934   935   936   937   938   939   940   941  
942   943   944   945   946   947   948   949   950   951   952   953   954   955   956   957   958   959   960   961   962   963   964   965   966   >>   >|  
law of the land, I refer your honors to 1 Vernon, p. 293, where Lord Hale, who cannot be suspected of any bigotry on this subject, says, that to decry religion, and call it a cheat, tends to destroy all religion; and he also declares Christianity to be part of the common law of the land. Mr. N. Dane, in his Abridgment, ch. 219, recognizes the same principle. In 2 Strange, p. 834, case of The King v. Wilson, the judges would not suffer it to be debated that writing against religion generally is an offence at common law. They laid stress upon the word "generally," because there might arise differences of opinion between religious writers on points of doctrine, and so forth. So in Taylor's case, 3 Merivale, p. 405, by the High Court of Chancery, these doctrines were recognized and maintained. The same doctrine is laid down in 2 Burn's Ecclesiastical Law, p. 95, Evans v. The Chamberlain of London; and in 2 Russell, p. 501, The Attorney-General v. The Earl of Mansfield. There is a case of recent date, which, if the English law is to prevail, would seem conclusive as to the character of this devise. It is the case of The Attorney-General v. Cullum, 1 Younge and Collyer's Reports, p. 411. The case was heard and decided in 1842, by Sir Knight Bruce, Vice-Chancellor. The reporter's abstract, or summary, of the decision is this: "COURTS OF EQUITY, IN THIS COUNTRY, WILL NOT SANCTION ANY SYSTEM OF EDUCATION IN WHICH RELIGION IS NOT INCLUDED." The charity in question in that case was established in the reign of Edward the Fourth, for the benefit of the community and poor inhabitants of the town of Bury St. Edmunds. The objects of the charity were various: for relief of prisoners, educating and instructing poor people, for food and raiment for the aged and impotent, and others of the same kind. There were uses, also, now deemed superstitious, such as praying for the souls of the dead. In this, and in other respects, the charity required revision, to suit it to the habits and requirements of modern times; and a scheme was accordingly set forth for such revision by the master, under the direction of the court. By this scheme there were to be schools, and these schools were to be closed on Sundays, although the Scriptures were to be read daily on other days. This was objected to, and it was insisted, on the other hand, that the masters and mistresses of the schools should be members of the Church of England; that they should, on ever
PREV.   NEXT  
|<   917   918   919   920   921   922   923   924   925   926   927   928   929   930   931   932   933   934   935   936   937   938   939   940   941  
942   943   944   945   946   947   948   949   950   951   952   953   954   955   956   957   958   959   960   961   962   963   964   965   966   >>   >|  



Top keywords:

religion

 

schools

 
charity
 

scheme

 

revision

 

generally

 

doctrine

 
common
 

Attorney

 

General


Chancellor

 

Edward

 

Fourth

 

community

 
decided
 

inhabitants

 

benefit

 

reporter

 

Knight

 

question


COUNTRY

 

EDUCATION

 
SYSTEM
 
SANCTION
 
RELIGION
 

abstract

 
summary
 

decision

 
EQUITY
 
COURTS

INCLUDED
 

established

 
Sundays
 
closed
 

Scriptures

 

master

 
direction
 
Church
 

members

 
England

mistresses

 

masters

 

objected

 

insisted

 

modern

 

raiment

 
impotent
 

people

 
instructing
 

objects