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Art . II . The Judgment delivered ^ Dec . 11 , 1809 , by the Right Honourable Sir John Nicholl , Knt . LL . D . Official Principal of the Arches Court of Canterbury ; upon the Admission of Articles exhibited in a Cause of Office , momoted by Kemp against Wickesy Clerk , fyc . Taken in Short ® Hand by Mr . Gurney * London : sold by Butterworth and Conder . 8 vo . pp . 4 . 7 .
Articles were offered , in the above court , to detail 4 the circumstances of the charge sought to be proved against Mr . W . the admission of which articles was
opposed upon the entire law of the case ; it being contended , that , if the facts were all true ^ still this clergyman acted properly , and was _ guilty of no offence , in refusing to bury the infant child of two of his
parishioners , on the ground that he was legally prohibited from interring a person who had not been baptised according to the rites of the established church . In this stage of the cause , Sir J . N . pronounced an elaborate judgment for
admitting the articles ; in other words , he declared it to be his opinion , that the defendant ' s refusal was illegal .
The grounds of the decision are fully set forth in this pamphlet , in reading which it was impossible for us riot to admire the industry , discrimination , and conciliating spirit of the official principal , fyc * It is shown ( 7—14 ) that Mr . W . had neither the canons nor the
rubric of the church on his side . The validity of lay-baptism is ( hen discussed and vindicated . Next , the extent and effect of the Toleration Act are applied to the
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matter in question ; and thejudge unequivocally recognises the soundness of the reasoning of Lord Mansfield and Mr . Justice Foster , in the famous cause of the city of London against the dissenters .
La&tly , the opinions of Hooker and Bishops Fleetwood and Warburton are cited , or appealed to with respect , whilst that of Mr . Wheatly , who maintained that no persons are to be buried in
consecrated ground who have not been baptised in the establishment , is refuted with considerable force and spirit . ( 14—36 . 36—38 . 38—45 . )
It is mortifying that , in the eighteenth century , and in a country like Great Britain , such disputes should arise . On the other hand , it is consolatory to
perceive that the nature of the present adjudication and the temper in which it is made , are exactly what men of true candour and discernment would desire and
applaud . Not that we can witness or read the proceedings of ecclesiastical courts , entrenched as they are behind canons and canonists , without calling to mind the representation which our ami * able poet Cowper gives of them , when , after painting , in no heightened colours , the oppression onct
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on the hearts of our readers , and be practically remembered by them , whatever else of this review is forgotten . ' There is no place in the region of infi-
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nite purity and infinite happiness , for pride , or avarice ^ or lust , or anger , or intemperance , or envy , or sloth . "
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198 Judgment on the Burial of Dissenters *
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Citation
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Monthly Repository (1806-1838) and Unitarian Chronicle (1832-1833), April 2, 1810, page 198, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/mruc/issues/vm2-ncseproduct2403/page/38/
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