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theological topics , whjeh , as it were , invests the temporal * courts with juristdiction over the latter , which are apparently of mere spiritual concern . The importance of this relation is strongly illustrated in the instance of judicial oaths . " " Upon the dangerous temporal consequences likely to
proceed from the removal of religious and moral restraints * , the punishment for blasphemous , profane and immoral publications is founded . " ** Blasphemy against the Almighty , by denying his being , or providence , contumelious reflections upon the life and character of Jesus Christ , and in
general , flippant and indecorous remarks upon the Holy Scriptures , are offences at common law \ for Christianity , it has been said , is a part of that law . " Enough has been said to shew the ground on which the temporal courts
interfere , viz . the necessity of the maintenance of religion in general , as the bond of moral obligation , and the tendency of the opinion maintained to weaken that bond $ and even to this extent , it appears now to be considered to be a necessary ingredient that th& attack should be indecent and
disorderly , in order to bring it within the proper scope of the temporal courts . " The teiw does wot prohibit reasonable controversy , even upon fundamental subjects , so long as it is conducted with a tone of moderation ,
which shews that argument is the oaiy purpose ; the writer abstaining from terms which are abusive and passionate , and therein indecorous towards the establishment , and offensive to the consciences of individuals . "
" What is argumentative may very properly be left to be replied to by argument ; what is passionate , Sec . cannot be so safety passed over : such a suffrafice would be the endurance of brawls . When the law is moved
against sweh writers * it is not persecution , it is a defence of the public tranquillity and decency . "—H > olt . The following passages also from
Mr . Starfeie ' s book , pp . 495 , 4 Q 6 , express the same opinion : ** Both the language of the indictments , therefore , f * wl the guarded expression of the court , in the above case , ( Woolston ' s , ) shew that it waar never a crime in , the contemplation of the law , seriousl y nd eottsctentiousty to discuss theok ^
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gical and religious topics , though it * the course of such discussions dou&to may have been both created an < i expressed on doctrinal points , and the force of a particular piece of scriptural evidence casually weakened ; " <* Upon ? the whole , it may be not going too far
to infer from these principles and : de ~ cisions > that no author or preacher , who fairly and conscientiously promulgates the opinions , with whose truth he is impressed , for the benefit ? of others , i » , for so doing , amenable as a criminal /'
In Lord . Erskine ' s speech' in the case of the King v . Williams , he observed , that " Every i » an has & right to investigate witlv reason controversial points of the Christian reft * - gion y but no man , consistently witfra * law which only exists under its
sanctions , has a right to deny its very existence , and to pour forth siich shocking and insulting invectives as the lowest establishments in the gradations of civil authority ought not to be subjected to , and- which would soon be borne down by violence and disobedience , if they were . "
We will- dow proceed to the cases which have established and laid dbvm the principle of temporal interference , and which are not very numereus . The first is Taylor ' s case , 1 Ventr . 293 . Hil . Term , 27 and 528 Car . II . ( the year before the writ de hsferetice comburendo , was abolished ) , before Chief Justice Hale .- It was " an
information exhibited in the Crown Office , for uttering blasphemous expressions-, such as that Jesus Christ was a bastard , religion was a cheat , &c . Hale said , that such kind of wicked blasphemous words , were not only an offence to God and reftgion , but a crime against the laws , state and
government , and , therefore , punishable in this court . For , to soy religion is a cheat , is to dissolve all moral obligation , whereby civil societies are preserved , and that Christianity is parcel of the law , and therefore to reproach the Christian religion , is to speak in subversion of the law . " The same
case is reported , 3 Kefr . 60?—621 , and Hale is there reported to have said , * ' these words , though of ecclesi astical cognizance , yet that religion \ h a cheat , tends to the dissolution of all government * , and therefore punishable here / ' •* For taking away religiorr , aH
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Orb Religious Offences indictable cct Common Law , 54 £
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Citation
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Monthly Repository (1806-1838) and Unitarian Chronicle (1832-1833), Sept. 2, 1817, page 543, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/mruc/issues/vm2-ncseproduct2468/page/31/
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