y Lord's day, give instruction in the doctrines of the
Church to those children whose parents might so desire; but that all the
scholars should be required to attend public worship every Lord's day in
the parish church, _or other place of worship, according to their
respective creeds_.
The Vice-Chancellor said, that the term "education" was properly
understood, by all the parties, to comprehend religious instruction;
that the objection to the scheme proposed by the master was not that it
did not provide for religious instruction according to the doctrines of
the Church of England, but that it did not provide for religious
instruction at all. In the course of the hearing, the Vice-Chancellor
said, that any scheme of education, without religion, would be worse
than a mockery. The parties afterwards agreed, that the masters and
mistresses should be members of the Church of England; that every school
day the master should give religious instruction, during one hour, to
all the scholars, _such religious instruction to be confined to the
reading and explanation of the Scriptures_; that on every Lord's day he
should give instruction in the liturgy, catechism, and articles of the
Church of England, and that the scholars should attend church every
Lord's day, _unless they were children of persons not in communion with
the Church of England_. In giving the sanction of the court to this
arrangement, the Vice-Chancellor said, that he wished to have it
distinctly understood that the ground on which he had proceeded was not
a preference of one form of religion to another, but the necessity, if
the matter was left to him judicially, to adopt the course of requiring
the teachers to be members of the Church of England.
This case clearly shows, that, at the present day, a school, founded by
a charity, for the instruction of children, cannot be sanctioned by the
courts as a charity, unless the scheme of education includes religious
instruction. It shows, too, that this general requisition of the law is
independent of a church establishment, and that it is not religion in
any particular form, but religion, religious and Christian instruction
in some form, which is held to be indispensable. It cannot be doubted
how a charity for the instruction of children would fare in an English
court, the scheme of which should carefully and sedulously exclude all
religious or Christian instruction, and profess to establish morals on
principles no hig
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