Bygones Worth Remembering, Vol. 2 (of 2)Holyoake, George Jacob
Philosophy
Bygones Worth Remembering, Vol. 2 (of 2)
Holyoake, George Jacob
Holyoake, George Jacob, 1817-1906; Social reformers -- Great Britain -- Biography; Working class -- Great Britain -- Biography
2 Nothing contained in this Act shall affect or be deemed to repeal
or contravene in any way such parts of the Act 9 George II., cap. 36,
relating to Mortmain as remain unrepealed, or any other Act amending
or altering such Act; and the provisions of all such Acts now in force
shall apply to all Trusts created under this Act.
3 After the passing of this Act, notwithstanding any Act, Rule of Common
Law, Rule of Equity, or Rule of Practice of any Court of Justice now in
force to the contrary, it shall be lawful for any person to create and
endow, or create or endow, any Trust for inquiry into the foundations
and tendency of religious and ethical beliefs which from time to time
prevail, or for the maintenance and propagation of the results of such
inquiry. And the method of application of Bequests made for the
purposes aforesaid shall be, on the part of those responsible for their
administration, subject to revision at intervals of thirty years.
4 Such Trust, whether created by Deed or Will, or by other instrument,
shall be deemed a charitable Trust, and shall be administered and given
effect to in all respects in as full and complete a manner as in the
case of religious and charitable Trusts now recognised by Law; and the
doctrine of _Cy-pres_ shall be applied to it when circumstances shall
arise requiring the application of such doctrine.
This Bill was not proceeded with. It required a member like Samuel
Morley, of known Christianity and a conscience, to carry it through the
House.
A theory has been started that by registering an association, under the
Friendly Societies Act, it would legalise its proceedings and virtually
repeal all the laws confiscating bequests. No case of this kind has come
before the higher courts. To do the Government justice, I know no case
in which the Crown has interfered to confiscate a bequest on the ground
of heresy in its use. Members of families, legally entitled to the
property of a testator, may claim the money and get it. If the family
enters no claim the bequest takes effect. In the meantime the state of
the law prevents testators leaving property for the maintenance of their
opinions, and Christians bring charges against philosophical thinkers
for lack of generosity in building halls as Christians do chapels.
The Christian reproaches the philosopher for not giving, when he has
confiscated the bequest of the philosopher and the power of giving.
Priests often mourn at the disinclination to listen to the tenets they
proclaim, and advertise in the newspapers the melancholy fact that only
one person in five is found on Sunday in a place of worship, and do not
remember how many persons remain away, not so much from dislike of the
tenets preached, as from dislike of the injustice which they would have
to share if they belonged to any Christian communion.
CHAPTER XXXIX. TWO SUNDAYS
Public-domain text, read in full here on John Shaqi.
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