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
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