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 higher than those of enlightened Paganism.
Enough, then, your honors, has been said on this point; and I am willing
that inquiry should be prosecuted to any extent of research to
controvert this position, that a school of education for the young,
which rejects the Christian religion, cannot be sustained as a charity,
so as to entitle it to come before the courts of equity for the
privileges which they have power to confer on charitable bequests.
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