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> After all , we must remember that this earthly scene is not destined for ever to endure . Surely , then , God may be trusted , in the case of a difficulty so remote , and which supposes this material world to have arrived at
its highest degree of perfection . When it can no longer well exist , he will , no doubt , suffer it to exist no more . Then may we expect those great changes to commence , which we dare
not even imagine , when all that is corruptible shall be destroyed , when the shadows of time shall pass away , and the realities of eternity shall begin . Then will man be introduced into a
state where affection shall be purified from all that is low and sensual , where evil shall cease to harm us , and where love shall hfave " its perfect rest . " T . N . T . I shall conclude these articles in the
next Number , with observations on the moral deductions made by Mr . Mai thus from his system , and on the plan of Mr . Owen , as affected by it .
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the only indictable offences at common law . I shall now proceed to make some inquiry into each of these heads , and , I trust , it will appear , that impugning
the doctrine of the Trinity , can never have been classed under any other head than that of heresy $ a branch of the law which is happily now more a matter of antiquarian research than practical utility .
I . Heresy , as Blackstone observes , ' * consists not in a total denial of Christianity , but of some of its essential doctrines publicly and obstinately avowed ; " or in the words of Hawkins , ( Placit . cor . cap . 2 , ) " among
Protestants is taken to be a false opinion , repugnant to some point of doctrine clearly revealed in Scripture , and either absolutely essential to the Christian faith , or , at least , of most high importance . "
It is defined by Hale , to be " sententia rerum divinarum humano sensu excogitata , palarn docta et pertinaciter defensa . " There can be no doubt , from the definition of the offence , as well as from the punishment of Arians as
heretics , that this is the class to which impugning the doctrine of the Trinity belongs , and it will , therefore , be proper to inquire in whom the cognizance of it has always resided , and what is the present state of the law on the subject .
The jurisdiction over heresy , a crime created , as it were , by the Spiritual Judge , who was the sole arbiter of what opinions were to be so denominated , belonged to the Ecclesiastical
Courts from the earliest period . Exorbitant as were their claims of jurisdiction , it is not at all to be wondered that a thing of such " pure spiritu- * alite , " should have been confided to them without difficulty .
Before the time of William the Conqueror , it is well known that all matters , both spiritual and temporal , were determined in the Hundred Court , before the Aldermen and Bishop , Fun
per temporal , Tauter per divine droit , but 4 i ceo fut alter per Roy William ( et semble per Parlement car ceo fuit per assent del evesques abbots et touts les princes del realm ) car il ordain que l ' evesque ou archdeacon ne teneront plea de episcopal lege » , et quce ail
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On Religious Offences indictable at Common Iaziv . 535
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Inner Temple , Sir , \ Qt 7 i September , 1817 . t 1 HE point having been recently JL started and argued in one of our Courts , it seems not unimportant to make some inquiry into the supposed
common law offence of impugning the doctrine of the Trinity , and this not so much to labour to disprove the argument there used , ( which , as it was then put , was certainly not very tenable , ) as to take a general view of the subject of offences , by our laws ,
against God and Religion , and to see what are the leading distinctions in such offences , and the jurisdiction over them , which have been made by the courts and the writers on the subject ; in order to clear it , if possible , of its difficulties .
I believe , on investigating the matter , we shall find that all the text writers have very properly divided the consideration of religious offences , into the three following heads , viz . 1 . Heresy , or offences against the doctrines of the church .
2 . Non-conformity , or offences against the worship and ordinances of the church . 3 . Offences against God and religion , in general commonly called blasphemy or profaneness , which are
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Citation
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Monthly Repository (1806-1838) and Unitarian Chronicle (1832-1833), Sept. 2, 1817, page 535, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/mruc/issues/vm2-ncseproduct2468/page/23/
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