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.
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