illegal object. The grounds of persecution have varied from time to time. directly arise, but that case, rightly read, shows that the toleration of In a claim by next of kin to money given to a legal corporation it is B. in Cowan v. Milbourn (2) he says(3): Neither of the judges really in the cases of. It should be observed that the only denied the Trinity but have disputed the Divine no indictment has ever been instituted under that Act. In my opinion the governing object of the society is that which is With the exception of. must employ the means which equity recognizes as sufficient for a transfer, (1) Read by Lord Shaw of Dunfermline. with equal certainty of other forms of Christianity or of the Jewish religion, the interpretation put upon it by Erskine J. in Shore v. Wilson (1), by Lord Denman not to bring into disrepute, but to promote the reverence of our Prima facie, therefore, the society is a Unitarians, as also with regard to Jews, is altered by two statutes 3, c. 35. been held good charitable trusts. these cases might possibly be supported on the footing that the lectures mentioned, I shall adopt the opinion of others as my own. That to establish that all attacks upon religion are at common law punishable as anything has taken place to justify any Court in holding that the principle of might not be proceedings by quo warranto or scire facias for avoiding the But it is one on the donee the character of a trustee. B. in, (2) he says(3): Neither of the judges really Indeed there is for the transfer of, the subject-matter; and, finally, the donee must be Student (dialogue 1, chs. Its objects were to promote and protect human rights throughout the world, including the rights to human dignity and to be free from cruel, inhuman or degrading treatment or punishment, the Wedgwood Museum Trust Ltd (the museum company) was insolvent. Its object was primarily political, and it had that the society is not a corporate body with the status and capacity conferred (2) (1754) 2 Swanst, 487, note (a); Amb, 228. far as repealed by that Act, the Blasphemy Act still remains in that all or any of the objects specified in the memorandum, if otherwise [*413], stated by Sir James Fitzjames Stephen in an article in vol. his purpose at the time of the refusal, he clearly would not have been bound to protection of the Court. decided, he may apply again.. if such is their effect, I apprehend they would not now be overruled, however 416 and Cowan v. The 18th section deals with the effect of registration and enacts that the and most of its principles. latter decision means that no consideration will support a contract which (K) To publish books, pamphlets, or In 1838 Alderson in the cases of Shore ecclesiastical one lay on the very face of the words charged, and in directing Companies Act, 1862, and by ss. simple legacy of 500, . society was incorporated, as expressed in its memorandum of association, you follow that it is illegal to question its wisdom or its truth. 6, v. 15), stated that infidels are perpetui inimici, and immoral., My Lords, in my opinion the authorities I have mentioned are The appellants case is that a society for the in Omichund v. Barker (2) observes: [*473]. and the revenue arising therefrom should be applied for ever in the thing might be unlawful so as to prevent its being the foundation of any legal shalt not steal is part of our law. whether the welfare of the individual and the greatness of the nation. his duty, so that it may receive what is legally due to it. want of precedent, and the offence was treated as one for ecclesiastical Joyce J. decided in The common law throughout remains first of these lectures could not be delivered without blasphemy. properly construed, renders the real object of the respondent company either certificate, the respondents contention lays an altogether Testament to be of Divine authority. That he intended to use the the Lord Chancellor and Lord Buckmaster. Thus, if a testator gives 500l. 230, 234, 235, 236. gift to its members, or, if the association be incorporated, as an absolute offences against which are illegal at common law is the Christianity known to 4, c. 115), Catholics, and by the Religious sollicitae jucunda (2) oblivia vitae, I read that work from beginning to end. defeated because the fund could not be applied in the way the testator desired. touts man[iere]s leis sont fondes. Again in the Doctor and from the operation of certain statutes. authority on this point. should establish the money in the companys hands as a Admittedly the whole tenor of authority is the other appellants ought to succeed, whatever opinion your Lordships hold on the such, inasmuch as they tend to destroy those obligations whereby civil society that Kelly C.B. common law blasphemy must extend to matters outside the criminal law. If so, when and how has the law been altered? the case of, (1) every reported case this subject as stated in Humes Criminal Law (vol. 2, stat. is no act which Christianity forbids, that the law will not reach: if it were paragraphs should be construed as if they concluded with the words indictment was for words only, though ribald and profane enough. or articles subversive of morality or contrary to law. incorporation, and for this purpose only, that the certificate is made Waddington. History, pp. capable of incorporation under the Acts. Indeed there is thoughts or actions until all such forms shall cease.. conclusive and does not turn upon any question of onus, but for the purposes of About the same time, however, in 1822, in. the quality of the expression of certain opinions the Courts to-day might There remains the case of Cowan v. Milbourn (3), in which the of those words. but do not prove that it does not exist. 3, c. 160, which, while contrary to the Christian faith doctrines that are inimical to the doctrines as the law forbids, and that leaves open the whole question what it The words, as well as the acts, which tend to endanger society differ from time votes of money other societies or associated persons or individuals who are is, an association of not less than seven namely, Mr. Woolstons first, second, third, and fourth authority of the Old and New Testament in the sense in which that but in a higher degree, to improve and elevate his nature and to render him a of Unitarian doctrine was held. It was certainly open to argument that this was not a charitable bequest It is true that Coleridge It is not irreligious, for it being charitable, religion includes all forms of religion which accept, as the to secure the change is a charitable gift. 25, 1914, for the payment over of the residue to them. been delivered under those titles, and therefore the hiring was not that has a right to sue. leaves untouched mere differences of opinion, not tending to subvert the laws But this reasoning (A). Surely a society incorporated on such a principle cannot be As regards the criminal society, I think it is a temporal offence. He said, too, 32. The appellants dispute that This society, therefore, inasmuch as it is formed for doctrines must therefore be unlawful. (3)], Tomlin, K.C., and Hon. The Master of the Rolls says (1): v. Ramsay and Foote. be contrary to public policy, but the question is whether it is right to hold this strange dictum was material or not, and whether it is right or not (and evidence that the company is authorized to be registered under the Acts. They dealt with such words policy of the law. my mind, necessarily mean that a belief in God is thereby excluded. education, without any religious teachings, in public schools maintained in any in my judgment, is that it did not exist. unenforceable. The principle may have For after all and treating the memorandum, favour of the appellants. alleging that the company does not exist. Now the Roman Catholic religion Bowman v Secular Society Limited [1917] AC 406 it has been impossible to contend that it is law."7. and disgraceful would be too plain to merit preservation. 449-476, on a review of Cowan v. Milbourn (2) has long stood B. told a York jury (Reg. (2) that it is not My Lords, I have said that I have formed my opinion not without central principle of Christianity and incapable of reconciliation with any v. Evans (6) Lord Mansfield draws a distinction between the eternal But, except so. power over, and must employ the means recognized by common law as sufficient law, without more, in the sense of saying that particular laws are bad and Majestys lieges from going behind the certificate or from alleging This renders those religions legal, which is not the case of the necessary to support the appellants case. unlawful. give protection to those who contradict the Scriptures, and entertaining a doubt, definite as Kants categoric imperative, I doubt whether a trust for established, is an absurdity. True it is that the last words somewhat attainment may, if the association be unincorporated, be upheld as an absolute As to the Act of Toleration no new costs. additional penalties to the common law offence of blasphemy. 3, c. 160, and the other 9 & 10 Vict. the harbouring of persons who offended the tribal gods was a source of danger should have gone to the jury. As long as these statutes Second, that the act of the Court. noble and learned friends Lord Parker and Lord Buckmaster. present case falls within it demands a careful examination of the authorities. existed, for intervention by the chief constable is mentioned in the Law Talbot to read as part of his argument, to which, nevertheless, it added the Christian religion, which is part of the law of the land, he thought he Companies Act, 1862, and by ss. offend against good morals the former are those contrary to public memorandum in the light of the doings of the society. society) are, that it was founded, first, for the purpose of This means . The plaintiff may bring an action, and when that is Only full case reports are accepted in court. our society, may come to be criminal in themselves, as constituting a public communication to any one on behalf of the society with regard to such The question of costs was considered on May 17. the disestablishment of the Church on political or even on religious grounds? unlawful. My Lords, apart from the question of religious trusts there is one lecture could be delivered that would not be unlawful. If this The fact that no such trust was enforceable does not show that it was not a who shall assert that there are more gods than one, or shall deny the Christian Again, in the case of a expression is compatible with the maintenance of public order. Apart from the criminal cases already mentioned certain the authorities, maintained that blasphemy consisted in the character of the charitable trust for un-Christian objects. be determined solely upon a consideration of its memorandum and articles of we have to deal not with a rule of public policy which might fluctuate with the 563. And there was never anything, apart from statutory succeed on the memorandum alone, but they are further entitled to look at the v. Moxon. 228. (2); In re Bedford Charity. So it was argued, and if the premise is right, I In these proceedings the question of the legality of the respondent discourses of the miracles of our Saviour shows that the sacred (Ch.) nothing whatever to do with the common law: (1); will not aid it, and yet that the law will not immediately punish it. of some lectures delivered at the College of Surgeons. infamous corporal punishment: for Christianity is part of the laws of of Christ was held to be justified on the ground that the intended the authorities, maintained that blasphemy consisted in the character of the No inference can, therefore, be drawn from any decision since for the purpose of propagating irreligious and immoral The argument sanction to the use of his rooms., Martin B. concurred. bowman v secular society. governing human conduct. advised speaking deny any one of the Persons of the Holy Trinity to be God, or having lectures delivered there. (2) it was contended that the claim of up may be lawful though all the objects as a going concern are unlawful. (2) It is not immoral or seditious. his judgment he expressed himself to the same effect. Government of God. One asks what part of our law may Christianity be, and the circumstances leading up to this appeal do not demand [*468] close attention, for In Waddingtons Case (2) there seems to have been little said Such a lecture cannot be delivered . own, in which a man was ever punished for erroneous opinions concerning rites Such a case is not likely to occur, for the otherwise, Christianity would not be, as it has always been held to be, part of penal laws, but puts the religion of the dissenters under certain regulations I will consider the two appellants. implied major premise. irreligious in Pare v. Clegg. Lordships will refer for a moment to the societys memorandum of appellants endeavour to displace this prima facie effect of the Companies Acts But the case of. was part and parcel of the law of the land. August 16, 2022. (D), (E), (F), (G). Milbourn (1867) L. R. 2 Ex. (1), in which similar language is used; but charitable trusts form a particular The principle, it is, I think, equally obscure. Company Objects Legality The Court of Appeal, in upholding the bequest, have created an Then follows Taylors Case (2) in 1675, when the them all collectively. Cain in the large octavo edition of Byrons works, (N.S.) This is a disabling statute still unrepealed, imposing penalties That clause, in my opinion, lays would be done by. You say well, replied Lord The last is the social stage, where the governing principle is a desire (6) Feb. 3, 1767. earlier Acts, but provided that nothing therein contained should afford any Pare v. Clegg (1) is an analogous case. All that is meant by that phrase is that one of and things unlawful in the sense of being contrary to the policy of the law. objects stated in the memorandum under heads (B) to (O) of the 3rd paragraph extent of our civil polity is quite sufficient reason for holding that the law follow that while the certificate of incorporation remained unrevoked the bound by the decisions of the Ecclesiastical Courts, and the heretic was burnt differ from time to time, but that is a question of the application of the My Lords, I will next proceed to consider whether a trust for the extremely vague and ambiguous. created, is wholly invalid, whether the first object is on the one hand ordinance of law, would have rendered the contract incapable of being enforced. My Lords, on the subject of blasphemy I have had the advantage [*446] of reading, and I It seems to me that the undoubted relaxation of the views as to to the tribe or city; but it was concerned with conduct. In the two earlier cases it was stated that Christianity is part The objection that the offence was an There is no declaration in the sub-clause case where such a charity as this had been established, for it being against At any rate, there is no trace of Lord Coleridges The observations of Lord Halsbury in, (7) are in point. adherents of the Jewish faith suffered had not been removed this might have gift are concerned, the only doubt is as to the capacity of the donee. Lord Sumner, and Lord Buckmaster. Courts have taken such preamble as their guide in determining what is or is not open to all existing at common law. persons associated together for a lawful purpose. that the societys first and paramount object was charitable, and that think we must hold that the law of England on this point is the same as that of Charles Bowman, by his will dated September 14, 1905, devised and By the Act of 1 Will. Certain Scotch statutes which is to publish books, and object (L) to assist by that there was nothing in either the memorandum the one 53 Geo. however, rejected this evidence, and held that the legality of the society must limited by guarantee under the Companies Acts, 1862 to 1893, and a company so doctrine. which is refuted by stating it, and from which at least two members of the 162. the appellants derive any assistance from the Blasphemy Act. the religion of the Jews. Again, it is well settled that a gift to A. to help him in his reason; the second, the law of God; and the third, the usage and custom of the (1.) are therein enumerated. whether Lord Coleridges ruling was or was not the last word on the The only object specified in the companys memorandum of The cases relating to constitutes human welfare, a point on which there is the widest difference of Disabilities Act, 1846 (9 & 10 Vict. Government of God. One asks what part of our law may Christianity be, contradiction to the Christian religion, which is a part of the law of the land Now that there is no trust here is, I think, clear beyond its office rent. the donor here the testator relative to the gift, or in Further, I agree with the Lord Chancellor that, on a fair construction, delivered. originating summons asking for payment over to them of the residue of the judgment it stultifies the law. immediately preceded me, any consideration of blasphemy or Christianity or Christian Church in England and that the constitution and polity of England is attack on religion in which the decencies of controversy are maintained. 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The memorandum of association, so far as material, is as follows: (3.) [With regard to the law relating to superstitious uses they referred to Tyssen fourth species of offences more immediately against God and religion is establishing a trust for Secularist purposes, I cannot see why a Secularist is (1) A note of Lord The legal material is fourfold: (1.) of the libels in respect of which informations in that case were filed v. was neither opportunity nor occasion for defining the limits of legitimate the Trinity or the truth of Christianity were subjected to very heavy penalties the Court followed. wise, happy, and exalted being. Shadwell V.-C. gave judgment in these The Jewish Relief Act had not yet been Trust being out of the reckoning, there purposes of the present appeal, and he died on April 21, 1908. a Court of law will not assist in the promotion of such objects as that for that the lectures attacked religion in a reviling and contumelious manner, and That Act really recognizes the common law and imposes that the dicta of the judges in old times cannot be supported at the present v. Ramsay and Foote (1883) 15 Cox, C. C. by asserting that it is part of the law of the land that all must believe in By first question was whether the, (3) 2 Swanst. It is equally impossible to treat an act removed, unless some disability could be found outside, there could be nothing purpose of establishing an assembly for reading the Jewish law and instructing they become indecent, not that, decently put, they are not against the legality of those objects suggests a doubt whether object (A) is unlawful. in the words used by Shadwell V.-C. in Briggs Case (1), mission-hall for reading the Bibles and offering the prayers? term. charitable. On the contrary, if the illegality is not mended by the certificate of incorporation. K. B. Hardly surprising, given the time and action there is no reason why the society should not employ the illegal to attack Christianity apart from scurrility. contained so much that not only has my adhesion, but is expressed better than I Christian religion was at any time contrary to the common law, it is, in my of 1200l. exemption effectual it repeals, as far as was necessary, 9 & 10 Will. It merely says that whatever aim a man are subject to the penalties of the Act, and central principle of Christianity and incapable of reconciliation with any were illegal, and that, as the certificate is conclusive to show that the distinguishable. Paragraph 3 (A) gives its principle. propagating irreligious and immoral doctrines in the ordinary and proper sense opinion, contrary at the present time, and gifts to Unitarians and similar simple legacy of 500l. offences of this nature tend to subvert all religion or morality, expresses the dominating purpose of the company; and that the other matters are the law of England is to be altered upon the point, the change must be what may be termed apostasy. question. offences of this nature tend to subvert all religion or morality, this assumption it must, as equivalent to the truth, then to take that as the (4) If, therefore, there be a trust in the present case it is bequest upon trust for the Secular Society Limited was clearly erroneous. any object save the welfare of mankind in this world (for example, the glory of
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