so severe that it is said no prosecution has ever been instituted under its overrule two cases. is a question of fact. Blasphemy is constituted by violent and gross language, and the From this it would follow that That clause, in my opinion, lays the donee the character of a trustee. v. Hartley (1), but with regard to the judgments of Kelly C.B. which it is stated, and that any attack on the Christian religion, In considering what the law is to-day some (B) To promote the utmost freedom of v. Wilson (3), There is nothing unlawful at common law in with public policy in enforcing a trust for the benefit of the Jewish religion. So far I have dealt with the matter as if the question were one of association; and he held, further, [*409] that there was nothing in either the memorandum ac contra Court of Chancery has to withhold the payment of the money is because the gift under the Acts. Curls Case (3), heard about the same time, was a case must be refused, and I do not regret the result, and on this ground, that this money in paying, It may be well to illustrate what I have said by one or two (4) In the course of in law or in equity. Motion was made accordingly in the Court of Exchequer before Kelly or conduct. ought to be the end of all human thought and action, so think and act is an offence to induce people to disobey the law, the premise may be accepted, the purpose of any kind of monotheistic theism would be a good charitable trust. are specified in 1 Will. As to the other, some fear of a breach of the peace may have peace, but that it dishonours God: Archbolds Criminal Pleading, 24th Further, the disposition provided By That Act really recognizes the common law and imposes law of England, and looked at the substance and not the form of the attack. these cases might possibly be supported on the footing that the lectures Christian religion . Even here, alongside of the propositions that the Old Testament religious bodies for the support and endowment of their religious faith are now (2) Now if your therefore, the common law of England does not render criminal the mere precedents affords, to my mind, a strong presumption that it was the character 2 (, (3)). opinion of the person who wrote it, and not according to its contents. invert Lord Hales reasoning, for they seem to treat an attempt to Their decision is not an interpretation but an alteration of the law. without blasphemy and impiety, and from this his colleagues do not 315, 317. or insecure in fact, or is believed by its reasonable members to there was anything against public policy in advocating deism or (a fortiori) any against public policy as opposed to being illegal in the criminal sense the As to (3. objects, e.g. (1), to which I shall have to return presently. It is said that the true meaning A bill was brought to have the for the purposes and on the principle stated in paragraph enforceable. right though not punishable criminally. He left it to the Crown to direct a cy prs application. the his duty, so that it may receive what is legally due to it. is no act which Christianity forbids, that the law will not reach: if it were subsequent objects (being non-charitable) must, on the hypothesis that the expression is ordinarily used by persons professing the Christian faith. in questions of religious liberty than Lord Mansfield in his eloquent address, (1) 15 Cox, C. C. 231; Cab. It is like Traskes Case (4), where the matter in hand was of the law itself and the bond of civilized society. defendant, in fact, had not made any general attack on Christianity, but, being than even the Ecclesiastical Courts professed to exercise. doctrine. not prepared to dissent. interest of the public, has, I think, gone further than any other rule or canon His teaching misleading, and that the Bible was no more inspired than any other I do not think this inconsistent with this opinion, except Briggs v. Hartley (1) and Cowan v. subvert the established form of Christianity (not any other) as an offence, as custos morum for all the Kings subjects, and it was high time to between the United Kingdom and Germany; and suppose coal is ordered by the For to say, religion is a cheat, is to dissolve all those obligations societys first object, advocate the secularization of education or On the contrary, if the principle, but every consideration against introducing new rules of public be applied to the legal objects. (3.) Lord Sumner, Lord Finlay LC, Lord Dunedin, Lord Parker of Waddington if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[320,100],'swarb_co_uk-medrectangle-3','ezslot_5',114,'0','0'])};__ez_fad_position('div-gpt-ad-swarb_co_uk-medrectangle-3-0'); [1917] AC 406, [1916-17] All ER 1, 15 Cox CC 231if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[250,250],'swarb_co_uk-medrectangle-4','ezslot_4',113,'0','0'])};__ez_fad_position('div-gpt-ad-swarb_co_uk-medrectangle-4-0'); Cited Regina v Secretary of State for Education and Employment and others ex parte Williamson and others HL 24-Feb-2005 The appellants were teachers in Christian schools who said that the blanket ban on corporal punishment interfered with their religious freedom. charitable gift, provided the testators writings, published or down. first, are charitable. is at any rate consistent with that negative deism which was held not to be The Bramwell B. quoted the Blasphemy Act, and said that the rooms by the companys memorandum for its surplus assets in case of a winding "Charities: Widening the legal framework", 2023 Legalease Ltd. All rights reserved, Registered company in England & Wales No. fundamental. His summing-up is inconsistent with itself. adultery is part of our law, but another part. Contumeliously to attack Christianity has always and may action there is no reason why the society should not employ the 29. case of. 3, c. 32) is fo. perfect, and philosophical system of universal religion. again provides certain penalties, cumulative and severe on second conviction, iv., p. 59, That clause, in my opinion, lays In a claim by next of kin to money given to a legal corporation it is In my opinion to constitute blasphemy its attractions for certain types of mind, but on analysis it appears to be shows that the Toleration Act does not merely exempt the dissenters The principle is very company, as stated in its memorandum of association, was to promote purposes. moving on fresh experience in the other; nor does it bind succeeding was suggested to be of no real significance for these reasons. rules had been to show that the society was formed for irreligious purposes the the law of England is to be altered upon the point, the change must be legacy was for the support of poor persons of the Jewish religion, and then proceeds the matter on the footing that the society takes in the character of trustee. not necessarily involve any attack on or subversion of Christianity at all. application. Natural Theology, treating it as a Science, and demonstrating the truth, The same considerations apply when For I fairly clear, too, that men of the utmost eminence have thought, and said can be accepted as having represented the common law of England at any time. removed, unless some disability could be found outside, there could be nothing Its object was primarily political, and it had to prevent breaches of the peace. it argued by the appel lants that the publication of anti-Christian opinions, because Christianity is the established religion of the country. The 207-220, sub nom. The main cases on this subject prior to Reg. Second, that unlawful, or what may be called undesirable, in the sense that no contract in law on this matter may be treated as obsolete. There is abundant authority for been defined by Sir Frederick Pollock (Essays in Jurisprudence and Ethics, c. taint of illegality, e.g., that 3 (D) and (E), which state disestablishment and I cannot accede to the argument that the later purposes in the 563. It is always, I feel, no natural knowledge, and as a negative proposition, namely, that it should not be In Bowman v Secular Society (1971) Lord Parker stated the general position as follows: A trust for the attainment of political objects has always been held invalid, not because it is illegal, for everyone is at liberty to advocate or promote by any lawful means a change in he law, but because the court has no means of judging whether a proposed . at by the Legislature.. &c.) founded on immutable facts and the works of creation, and beautifully Thus one just man may save the city. sanction to the use of his rooms., Martin B. concurred. from Starkie on Libel, which does not purport to be a statement of what the law extent of our civil polity is quite sufficient reason for holding that the law want of precedent, and the offence was treated as one for ecclesiastical Williams (4) (in connection with which Rex v. Mary Carlile (5) and Rex v. not specially safeguard what we now know as the Established Church, but the As to (1. their legal position is irrelevant, for the appeal fails without it, and before 41 of society deliberately and entirely anti-Christian, in which opinion I believe I cannot accept this view of the law. (1) is an analogous case. crime of blasphemy, but the history of the cases and the conclusion at present in Ramsays Case (3) that the judgments, or at any prosecuted at common law. Again, the very careful Commissioners on Carriage and Iron Co. v. Riche (2) is based upon the consideration of what decent language to express opinions which are contrary to the Christian faith, Corinthians (ch. It is seeking their assistance only to compel the executor to do is bad. first found as one of the grounds of judgment. as to secure human welfare in this world. No hint is given as to what Court unless the heretic by setting up conventicles or otherwise endangers the and not to enforce the gift. What, after all, is really the gist of it argued by the appel lants that the publication of anti-Christian opinions, the offence alleged was associated with, and I think constituted by, violent, spirit of the age and in supposed conformity with it to decide what the law is. It is true that Lord Hardwicke goes To be sure his dealt above. It . placards per se did not prove an intention to insult or mislead, and temperate the sense of rendering the company incapable in law of acquiring property by. hands, and a donee who sometimes acts legally and sometimes illegally cannot be of England; and he held the bequest good, supposing neither dissent. stated by Sir James Fitzjames Stephen in an article in vol. has always been held invalid, not because it is illegal, for every one is at fundamentals of religion may be attacked without the writer being guilty of religion as an article of faith and as a guide to conduct, and the very name of company is not open. indicate that there is an external or internal cause of all existences by the generations, when conditions have again changed. It is sufficient to say that the difficult to appreciate this distinction, but I understand the contention to be Waddington. Then it is said that object (A) does not in fact (N.S.) recognized that Christianity was part of the law of the land, and held that any 529; 4 St. Tr. to it. religion. So judging Cain he doubted, and, as an and was consequently void as a perpetuity. this subject as stated in Humes Criminal Law (vol. religion is part of the law of the land (per Patteson J. at issue, for the trust was clearly a good charity unless it could be held (Lord Parker, Bowman v Secular Society Ltd . jury upheld the copyright, and on a subsequent application the injunction was whatever that right may be, but only to say that, experience having proved The dissolved it as a matter of discretion and in the absence of any judgment Jews might enjoy the benefits of a particular charity, and it was held they The fact that it has only incidentally been brought under judicial If, on the other hand, the law is not the reports that the language used was scurrilous and offensive. At any rate the case vilification there is no offence. & Mar. Nevertheless, I will proceed to consider till the plaintiffs right had been established at law. It lays down dogmatically what trustee. extremely vague and ambiguous. persons who had been educated in, or had at any time made profession of, the entity which is entitled to receive money. Such Spring-guns, indeed, governing human conduct. Therefore in theory it has always been indictable. 228. published in 1846 by John Murray, p. 317. Again, in. 1846, expressly validate trusts for the purposes of the Roman Catholic and [T]his kind of advocacy of opinions on various important social issues can never be determined by a court to be for a purpose beneficial to the community. depends upon the meaning of the 3rd article of the memorandum of association of difference. That it was considered necessary to report the earlier cases as of 1200l. The first branch does not prescribe the end to charity at all. . the governing object, then these and all the other clauses in the memorandum respectful denial, even of the existence of God, is not an offence against our although none of them is a decision of this House, if they are in agreement and That is been used in charging juries as to unmistakably scurrilous words, where there Warrington L.J.) appellants ought to succeed, whatever opinion your Lordships hold on the used for objects in terms of the memorandum, and such objects are illegal, (3) For thirty years this direction has been followed, nor was lecture could be delivered that would not be unlawful. for the appellants. law the conditions essential to the validity of a gift are reasonably clear. or teaching without offending the law. discourses of the miracles of our Saviour shows that the sacred Malcolm Macnaghten, for the respondents. Jewish religion, and made the following observations: I apprehend common law of England, never was a criminal offence; and, again, acts of offence. This is less refused to enforce the contract. and that the gift is only given to him in that capacity. that the dicta of the judges in old times cannot be supported at the present Toleration Act recites the penal laws, and then not only exempts from those the instruments by which the first purpose may be effected, this, as it seems reason for punishing criminally contumelious attacks upon Christianity. power to acquire property by gift, whether inter vivos or by will. be determined solely upon a consideration of its memorandum and articles of supplies the completion of the doctrine. this subject. hesitation; but that hesitation is due to one fact only. This society, therefore, inasmuch as it is formed for scoffing character, and indeed are often really blasphemous, but the idea blasphemy, in its true and primitive meaning, and has constituted an insult preamble of [*445] the statute 43 Eliz. c. 59 (the Religious Disabilities Act, decision on the statute in relief of Roman Catholics similar to that in relief I do not say more, for here I wish respectfully to concur with what Conclusiveness of Certificate of Incorporation as to Legality of Objects saving the jurisdiction of the Ecclesiastical Courts in cases of which are the foundation of government. Blackstone, bk. blasphemy a mere denial of the Christian faith. His summing-up is inconsistent with itself. This means that they are freed from all disabilities imposed by statute and The Court told the prisoner that they would law permit their exercise? that those persons who by preaching denied the doctrine of the of the general doctrines advocated in a testators writings if neither accomplish the Divine will. the view I am holding. charitable, and quite another thing to avoid a gift which would otherwise be the registrars certificate. gift to the corporation, it would be quite illogical to hold that any (1.) appears by implication from the memorandum itself: see particularly sub-clause feature. for the transfer of, the subject-matter; and, finally, the donee must be gift to the corporate body; but a trust for the attainment of political objects mentioned, I shall adopt the opinion of others as my own. that the society is not a corporate body with the status and capacity conferred It is not necessary, and if unnecessary it is otherwise other societies or associated persons or individuals who are It promotes the exclusion of all 231; Cab. doctrines could not be made to pay its debts. & Mar. Clearly the recorder had ruled that It is inaccurate to say that the Christian faith is throughout is that the book was the badge of revolution and tended to 64; 2 Str. concerns actual judgments they might, I think, all be supported on grounds not Case. for the purpose of propagating irreligious and immoral difficulty. repeal at all had been effected by these Acts it would, in my opinion, have I agree with him in Cain was in question. in the following manner. England is really not law; it is rhetoric, as truly so as was sued the trustees of a friendly society known as the Rational Society for both to God and man, that the interference of the criminal law has taken there is a trust for the publication of a book. as follows: But this is a bequest for the propagation of the Jewish effected, not by judicial decision, but by the act of the Legislature. intended to be given would involve vilification, ridicule, or irreverence There is no question of offence against what Yet that, I think, is the result of holding that anything ), the respondents rely upon the terms of protection to Roman Catholics or persons denying the Trinity. said in. When Lilburne was on his trial in 1649 (5) he complained that he was not, allowed counsel and appealed to the judges to do as they J. stated that there was no authority to show that teaching Unitarian doctrine From this it would follow that independent objects. At the time of the gift, it was not contemplated that the museum company would acquire liabilities. it left the common law exactly what it was. branch of the law, and for a century or so there is no sign of carrying the law The time of Charles II. reverently doubting or denying doctrines parcel of Christianity, however down quite clearly that human conduct should not be based upon supernatural. by Lord Coleridge in Reg. 834; 1 Barn. Waddington (4); Reg. laws concerning religion, so that all forms of opinion may have the same legal The Court refused to grant a rule, the Chief Court of High Commission had been suppressed, and at length, by the statute, 29 equity will not allow the trustee to retain the legacy. Morice v Bishop of Durham (1805) 10 Ves 521 This case concerns the policy of the beneficiary principle. the principle that human conduct should be based upon natural but not other people to deny the doctrine of the Holy used it, the phrase Christianity is part of the law of central principle of Christianity and incapable of reconciliation with any Malcolm Macnaghten, for the respondents. The last was a legacy for the best essay on Natural Theology treated the offence is not that the libel is scurrilous or leads to a breach of the object does not make a gift to the company illegal where the gift is not fixed atheism, blasphemy, heresy, or schism; and see the Ecclesiastical rather than with opinion. (p. 525), Coleridge J. And if the judges of former times have always regarded show that the objects of the society are not unlawful and, secondly, that some country); and the only reason why the latter is in a different situation from criminal. by the appellants I should not regard them as correct. the jury Hale C.J. peace, but that it dishonours God: Archbolds Criminal Pleading, 24th is performed is immaterial; and, if it be said that all the later purposes are Continue with Recommended Cookies, The plaintiff argued that the objects of the Secular Society Ltd, which had been registered under the Companies Acts, were unlawful. I will (4) Of course, while any particular belief was made the subject In my opinion the first of Majestys lieges from going behind the certificate or from alleging To my mind, if the the term. charitable trusts. omissions were faithfully dealt with soon afterwards by Stephen J., one of his Unitarians is based upon the implied effect of 53 Geo. book. considerations of State, I think, when examined, they prove to be of small opinion, and I will state my grounds. the doctrines and principles of the Christian religion . Heresy, s. 10; Cokes Institutes, 3rd Part, c. 5; Erskines peroration when prosecuting Williams: No man can The judgment of Lord Mansfield is to be found in Such an protection to those who contradict the Scriptures, a dictum which, in Without this last provision the true construction of the memorandum would or articles subversive of morality or contrary to law. compelled by authority, to lay down a principle which would not only lead to As to (1. common law; so that any person reviling, subverting, or ridiculing them may be If policy is a matter which varies with the circumstances of the age: . this assumption it must, as equivalent to the truth, then to take that as the were illegal, and that, as the certificate is conclusive to show that the any other character than that of absolute owner. created a trust to provide a prize for the best essay on natural theology, circumstances the promulgation of atheism is illegal, for by is performed is immaterial; and, if it be said that all the later purposes are So far as I arm aware this case, which was decided in 1867, has never judgment. imminent to have now passed away, there is nothing in the general rules as to than even the Ecclesiastical Courts professed to exercise. A. to take the legacy for his own use. Court of Chancery has to withhold the payment of the money is because the gift The decisions which refer to such a maxim are numerous and old, and company is unlawful, the addition of other innocent objects will not entitle would be done by. You say well, replied Lord The appellants dispute that (2) 2 Swanst. that contempt of God in Court may be also contempt of Court. supernatural belief. terms: I cannot conceive that the bequest in the testators unlawful, or what may be called undesirable, in the sense that no contract in are, really shows that lawyers in general hold such writings to be lawful of the company in these words: To promote, in such ways as may from specified in the societys memorandum is charitable would make no But, except so. If these considerations are right, and the attitude of (1) Even then Lord Coleridge passed over numerous decisions. whatever views may be taken of the Reformation was certainly never If that The plea stated that the objects were contrary to the established rooms had been engaged for two purposes. Trust being out of the reckoning, there day, and, secondly, that those dicta are in harmony with the law as he laid it profess them, it is not necessary to consider whether or why any given body was In fact, most men have thought that such writings are better said by judges of great authority in past generations. we have to deal not with a rule of public policy which might fluctuate with the based his judgment on the statement that the hirer proposed to use bequest upon trust for the Secular Society Limited was benefit of individuals, which this is certainly not, or must be in that class I have perused the rules of the society for the purpose of considering the the jurisdiction as to heresy, the common law Courts regarded themselves as The Jews have been relieved, (2) 2 Swanst. [4] The accuracy of Lord Parker's statement was questionable from the outset. The crime consists in evidence as to the course of business of the respondent society. Thou shalt not commit the objects for which the society was formed were such that the law would give this Act all trusts for the religious purposes of any nonconformist body It is said that the true meaning Hardly surprising, given the time and thirdly, with a view to destroy the institution of private property generally. in, (1), which is substantially in accordance with that taken whether authorized by the memorandum or otherwise, could not be enforced either harmless. a trustee, he will in equity take the legacy beneficially; the fact that the England is really not law; it is rhetoric, as truly so as was view appears to be based on various dicta (I do not think they are more than from publishing a pirated edition of Lord Byrons poem Coleridges summing-up in Reg. Hardwicke, the question arising upon a will which directed that the investment 447 affirmed. cognizance only. So far as appears, If so, equity would treat him as a Carliles Case (2), and Lord Eldon in Attorney-General v. Pearson (3) said that the involved in it, and that it is not possible to promote the principle that human hand, the publication of a dull volume of blasphemies may well provoke nothing