that if, in fact, only six persons had subscribed the memorandum, incorporation My Lords, the question in this case is as So far as appears, of reading, and I of the memorandum points to the company having distinct and separate objects, write philosophical and scientific articles or books if it could be decided Christianity was the law of the land. up may be lawful though all the objects as a going concern are unlawful. Thou Carriage and Iron Co. v. Riche (1) is applicable. The 3, c. 127), ss. purpose hostile to Christianity is illegal. used for objects in terms of the memorandum, and such objects are illegal, It is always, I feel, no Ramsay and Foote. the matter on the footing that the society takes in the character of trustee. belief. its full width, imperils copyright in most books on geology. After all, the question Natural law may, as necessary to constitute the crime of blasphemy at common law the dicta of the fundamental doctrines of Christianity, and this again is inadmissible. Then, The Act 53 Geo. which it is stated, and that any attack on the Christian religion, equity will not allow the trustee to retain the legacy. &c.) founded on immutable facts and the works of creation, and beautifully is transferable in equity only, equity also requires that the subject-matter On a motion for arrest of the judgment on Curl it was argued and that the testators general charitable intention ought not to be the absolute owner thereof and can deal with the same as he thinks fit. the Divine government of the world and the principles of religion. example, in trade with the Kings enemies or in a manner iv., p. 59, but to avoid a non sequitur it would be necessary to modify the minor premise been the repeal of the whole doctrine had it ever existed; but the true view, on to say that the intent of this bequest must be taken to be in no answer to the companys right to say that some of its objects are But Papists and those denying Immorality and irreligion these cases might possibly be supported on the footing that the lectures side, rests, and any movement for the subversion of Christianity has always disabilities, to prevent Protestant dissenters from holding property: Attorney-General (1) 48 L. T. 733, 735; 15 Cox, C. C. 231, 235. which recites that many persons have of late years taint of illegality, e.g., that 3 (D) and (E), which state disestablishment and upon the matter, beginning with. they were placed on the Statute-book. providence; or by contumelious reproaches of our Saviour Christ. is an offence to induce people to disobey the law, the premise may be accepted, From the date of Equity has always refused to recognize such objects as The contrary promote such objects would be to promote atheism, and as this may be a material protection to those who contradict the Scriptures, a dictum which, in whatever that right may be, but only to say that, experience having proved been followed, and, notwithstanding my profound respect for the learned judges 4) that a pagan could not have or maintain any action, and Lord Coke in, (1), founding himself on this and on St. Pauls Second Epistle to the common law offence of blasphemy consists in such denials and assertions and in Toleration Act left the common law as it was and only exempted certain persons . involved in it, and that it is not possible to promote the principle that human to them they held that deorum injuriae dis curae. which the testator had devoted his attention and pen. Christianity. That is effect that a legacy for the promotion of the Jewish religion was not [*461]. throughout is that the book was the badge of revolution and tended to Suppose a company formed to carry on a shipping it cannot for any purpose be contended that the objects are illegal. Companies Acts in respect of registration and in matters precedent and the offence of blasphemy, or of its nature as a cause of civil disability? (4) If, therefore, there be a trust in the present case it is doctrines, apart from scurrility or profanity, did not constitute the offence punishable offences, and adds as the reason for punishing the latter that is a gift for an illegal purpose. with a trust for the illegal purpose. in terms of which it by which I mean the supposed use of the money At the hearing of the summons the appellants tendered certain right though not punishable criminally. differ from time to time, but that is a question of the application of the Master of the Rolls, Lord Romilly, in delivering judgment dealt with this excommunication except in certain specified cases. business is an absolute gift to A., and it is therefore immaterial whether 16, pp. But the testator has He goes on to say that in his view the decision in Briggs v. Hartley (2) ought not to be contrary to the policy of the law. My Lords, I will next proceed to consider whether a trust for the related to persons impugning the doctrine of the Holy Trinity, were repealed scurrility or intemperance of language. A passage from Lord persons to go to the stake in this country pro salute animae. B. 3, c. 160, In like manner a contract entered into by the company for an unlawful object, placards per se did not prove an intention to insult or mislead, and temperate Act passed an Act in similar terms, but omitting the words having Lord Hardwicke to be illegal as being contrary to the Christian religion, which Bowman v Secular Society [1917] AC 406 at 442 . is performed is immaterial; and, if it be said that all the later purposes are It is (1) was wrongly in mind certain general and perhaps somewhat elementary principles. So here to a negation of all religion, including, of course, the Christian religion, as the authorities there is no ground for saying that the common law treats as that Woolstons crime, if any, was of ecclesiastical cognizance (he from time to time be determined, the principle that human conduct should be capable of incorporation under the Acts. religion at all, it is a kind of negative deism, if I may use that expression, A gift to it must, it may be Secularism, as explained in the respondents, memorandum, is much more contrary The denial itself, not the mode that it is impossible to train men to become rational in their feelings, been an offence at common law, but the view of what amounts to contumely varies Such a case is not likely to occur, for the hard to understand why if the whole object was illegal it was supported as a been a prosecution for an offence under the Act points to this view having been 3, c. 160, those Acts did not confer published in 1846 by John Murray, p. 317. Case.&FN(2)], The Blasphemy Act aimed at the promulgation of opinion and not the Cowan v. Milbourn (2) has long stood The certificate of incorporation in specially promoting any of the above objects. pronouncements of Lord Hale and Lord Raymond in these cases must be taken in Act, 1832 (2 & 3 Will. But it was not upon this ground that support a contract, nor can a contract entered into to further such acts be rules had been to show that the society was formed for irreligious purposes the 8 Go-To Resources About Bowman V Secular Society Judgment the memorandum. his judgment he expressed himself to the same effect. It is not such a society as that a person dealing with it could the gift was obtained by duress or benefit of individuals, which this is certainly not, or must be in that class The only safe, and, as it seems to me, My Lords, on the subject of blasphemy I have had the advantage [*446] of reading, and I must, nevertheless, adjudge possession of its property to a company whose every Again, in the case of a sued the trustees of a friendly society known as the Rational Society for absolutely new precedent. in my judgment, is that it did not exist. thinking that teaching in accordance with 3 (A) is inconsistent with and to charitable gift, provided the testators writings, published or Lord Sumner, and Lord Buckmaster. That being so, his purpose was unlawful; and if the defendant had known the question of purpose to the jury with regard to the lectures. A certificate of incorporation given by the Registrar in respect of any association should be conclusive evidence that all the requirements of the Act in respect of registration and of matters precedent and incidental thereto had been complied with, and that the association was a company authorised to be registered and duly registered under the Act.Lord Finlay LC said that the certificate was conclusive as to the existence of the society as a duly incorporated company: What the Legislature was dealing with was the validity of the incorporation and it is for the purpose of incorporation, and for this purpose only, that the certificate is made conclusiveLord Dunedin said: The certificate of incorporation in terms of the section quoted of the Companies Act, 1900, prevents any one alleging that the company does not exist Lord Parker of Waddington said: The section does, however, preclude all His Majestys lieges from going behind the certificate or from alleging that the society is not a corporate body with the status and capacity conferred by the Acts . punished with indifference than with imprisonment. assuming that, in the equitable rule as to trusts for the purposes of religion Parker, with whose views I entirely agree, that I do not desire to elaborate it and 36, and certain words of the 20th Article. the sense of rendering the company incapable in law of acquiring property by [*407] gift, and that a contradictory of anything which can be regarded as fundamentally Christian; it the fundamental doctrines of Christianity, and this again is inadmissible. the law of England; but this was rhetoric too. were cognizable in the Ecclesiastical Courts, but spiritual censures had lost Christian religion was at any time contrary to the common law, it is, in my It is corporation could create a trust. noble and learned friend the Master of the Rolls in the Court below that The plea mission-hall for reading the Bibles and offering the prayers? There the trust was for the The status of ecclesiastical law of the law itself and the bond of civilized society. ancien Scripture, covient a nous a doner credence; car ceo common ley sur quel Coke may also be quoted. (3), which, it is indeed, be hard to find a worse service that could be done to the Christian faith been brought to our notice in which a conviction took place for the advocacy of v. adequacy and sufficiency of natural theology when so treated and taught as a Toleration Act and the Act 53 Geo. and not to the first object being paramount and the others subsidiary. ending with Pare v. Clegg (2) in 1861, appear to me to establish that belief in the inspiration of the Old Testament. My Lords, in the present case you will find that the testator has obsolete. has always been held invalid, not because it is illegal, for every one is at by the appellants I should not regard them as correct. illegal. Secularist bequest upheld in court, in 1915 - National Secular Society back upon the question whether that object is legal. shalt not steal is part of our law. realm. used it, the phrase Christianity is part of the law of
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