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Intelligence . —Proceedings in Chancery regarding Unitarians * 433
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the object of it . The place was now occupied by Unitarians , which he maintained was not the intent of the founder . He contended that that could not be the design , ( although nothing" appeared either one way or another upon the trust deed , ) because Unitarian worship was not then legal or tolerated , and no public place of worship could therefore exist in the eve of the law
on that system . He contended also , that Unitariauism still remained illegal at common law , although the penal statutes against the impugners of the doctrine of the Trinity had been repealed . Was Mr . Steward therefore to be turned out ( as he contended was the intention here ) merely because he bad become a Trinitarian ? On the contrary , it seemed that he thereby became more consonant to the intent of the founder . He contended also , that it was
the . intention of the founder , that the trustees should not have any power to choose a minister for a limited period or otherwise than for life , or that the minister should be turned out except for objections on the score of immorality . It was also pressed that the trustees had neglected their duty in not filling up the number of trustees , which instead of twelve , were now only fiirn
mm r jl M . ' « r . Hart followed on the same side , insisting particular ! j 7 on the diversion of the trust from its proper object , by devoting it to Unitarian worship , which , he contended , was illegal and contrary to the intent of the founders . He argued also against the impolicy of letting the trustees exercise a capricious power over any person appointed to the situation of minister , ( which appointment he held ought to be for life , ) for that it had ever been the policy of that Court to
prevent the possessor of any living ; whether schools or churches , from being dependent on the people , as it evidently followed that a clergyman so situated would become the tool or his flock , and must in fact conform to whatever doctrines they choose to prescribe to him . He argued also , that they had suffered Mr . Steward to continue three months after the three years bad expired , and had therefore waved that agreement and appointed him generally as their
minister . JV [ r . Shadwell at considerable length supported the proposition , that impugning the doctrine of the Trinity was still am indictable offence at common law . He began by citing the cases before Chief Justice rfAall and Lord Raymond , * in which it was
* 1 Veitfr . 2 & 3 ,. and 2 S 4 ratJ # . 204 . It would haye been more , fair to have stated these ca . se * as . theyajre , thajMo . hjive quoted this passage out o £ it ^ connexion . JUml Ifafa's wards are "to say religion is a cfeeaf , is to dissolve , all those obligations whereby civil societies are prptected ^ a , ad
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held that u Christianity is part of the common law of the land , " and as" such , any offence against it is indictable as a breach of the peace . The question then arose what was this Christianity , and he contended that the doctrine of the Trinity was the essence of it , and that Unitarian ism struck at the very vitals of it . He traced back the Creed of the Cliurch of Rome , as settled bv the various councils of Nice .
Trent , &c , in all which the Trinity was a prominent and leading feature . That this was the religion consequently of England prior to the Reformation , and therefore any offence against it must have been the kind of offence that the law would have punished regarding that establishment as Cbrisli' anity . That at the Reformation various
abuses were swept away , and the present Protestant religion established , which still ia all its main features of belief , certainly as to the doctrine of the Trinity , was the same . That the Christianity , therefore , recognised and protected by the law , was that of which the Trinity formed the basis and essence , and that any doctrine contrary to it was therefore an offnncft ngainst iht *
law of the land and indictable by it . The Legislature had thought proper to f ix . some determinate punishment upon this offence , which had been repealed , but this did not alter the nature of the offence . The act which inflicted this penalty recited , that various persons had blasphemouslv and wickedlv » imnu £ * ned the Trinitv .
and a particular punishment was therefore prescribed ,, but the repeal of this act left the offence still as recited by the act bias , phemous and wicked . In fact ^ he said the Court ought to be informed that prosecutions were at this moment pending a sains t
individuals for impugning the doctrine of ttfte Trinity . He contended , therefore , that the founders of this trust must have meant by inculcating the worship of God , that of the Trinity , especially as . provision was made by the deed for devoting the charity to other purposes , if their worship should
Christianity is parcel of the law of England , and therefore to reproach the Christian religion , is to speak in subversion of the law . Lord Raymond says , u Christianity in general is parcel of the law of England , and to be protected by it 5 "— - u and they laid their stress upon the word generaly and did not intend to include disputes between learned men upon particular ci
controverted points . " I would have it taken notice of , that we do not meddle with any differences of opinion , and that we interpose only when the very root of Christianity is struck at , as . it plainly is here , the whole life and miracles of Christ being * denied . " What language ctfn draw the line more precisely and correctly than this ? E . T ,
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VOL . XII . 3 K
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Citation
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Monthly Repository (1806-1838) and Unitarian Chronicle (1832-1833), July 2, 1817, page 433, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/mruc/issues/vm2-ncseproduct2466/page/57/
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