Occupy London: City Of London Wins Bid To Evict Protesters From St Paul's (Live Blog)


First Posted: 18/01/2012 13:47 Updated: 18/01/2012 20:28

The City of London Corporation has won its High Court bid to evict anti-capitalist protesters from outside St Paul's Cathedral.

After a five day High Court hearing, which finished just before Christmas, Justice Lindblom ruled at about 2.30PM on Wednesday that the City had won the case.

An application for an appeal by the lawyers working for Occupy was turned down by the judge.

The eviction will now be suspended for seven days while Occupy's lawyers go directly to the Court of Appeal.

John Cooper QC, acting pro bono for Occupy, said that appeal would be made on Thursday.

He added after the hearing the case was the "start of a legal analysis as to the extent of public protest in this country".

He also said that his clients had "grave concerns" that St Paul's had passed evidence to the City of London without entering itself as a party in the case.

One of the protesters, Tammy Samede, said that Occupy had won the moral argument "hands down".

St Paul's "have supported the city of London's case even though they have not entered themselves as parties in this case" she said, labelling them "shameful and cowardly".

In his judgment Justice Lindblom told the court that there were a number of "powerful considerations" pointing to the outcome for which the City contended.

He said that the City's decision to take legal action was "neither precipitate nor ill-considered".

"I am satisfied that the City had no sensible choice but to do what it has.

"Conscious of its duties under statute, it gave the defendants an ample opportunity to remove the protest camp without the need for time and money to be spent in legal proceedings."

Referring to the protesters, he said: "Whilst I recognise that this outcome will be disappointing to the defendants, I wish to pay tribute to all who participated in the hearing for the courteous and helpful way in which they conducted themselves."
However the City now had the right to remove the tents, he said.

"We're going to ask for an appeal," the spokesperson said. "It was 50/50, we didn't know what to expect."

"The judge said the city had the right to evict us from areas one and two, but there was no mention of the areas that belong's to St Paul's."

"People are disappointed but we are also positive that whether or not we are evicted we will survive. Occupy is more them the camp, its an idea."

In a statement Stuart Fraser, the City of London Corporation's policy chairman, said:

"We took this action to clear the tents and equipment at St Paul's. We hope the protesters will now remove the tents voluntarily. If not, and subject to any appeal proceedings, we will be considering enforcement action.

"Lawful protests are a regular part of City life but tents, equipment and increasingly, quite a lot of mess and nuisance, is not what a highway is for and the public generally is losing out, as evidence before the court made clear."

The corporation had argued there was an "overwhelming" case for the court's intervention because of the impact on the area of the camp, which has been in place since October 15, and the risk that it would continue indefinitely.

John Cooper QC, for Occupy LSX, had argued that the impact on the area had been exaggerated.

Occupy said it did not prevent worship at St Paul's and any impact it did have on on those visiting, walking through or working in the vicinity was not solely detrimental.

They said that politicians, members of the public and commentators had expressed support for the camp's presence and the sentiments behind it, at a time when there was a consensus that the issues it raised needed addressing.

Protesters had called for a "ring of prayer" to be formed at the camp in "an act in a spirit of love towards all concerned" if the decision goes against them.

Others have called for no-violent resistance as the group vowed to fight on.

At St Paul's one protester, wearing a black hood and white mask, held up a sign reading: "Whatever. We have won."

Others responded calmly to the news, saying the eviction would not affect the message of the movement.

Elijah Olig, 18, from Australia, has lived at the camp since October 27 and said he would continue to protest elsewhere.

"I don't react negatively or positively to it, it has come about after a long string of verdicts and either way we are going to be moving on.

When asked if he thought the eviction of the churchyard would mirror the violent scenes seen at Zuccotti Park in New York, Olig said:

"I wouldn't see it getting violent here. This is one of London's most common marketplaces and I think it would be a really rash move for the police to come in and kettle us in front of families and children. ... We would peacefully resist but not with violence."

The Bishop of London, the Rt Rev Richard Chartres, commenting on the ruling, said: "Whatever now happens as a result of today's judgment, the protest has brought a number of vital themes to prominence.

"These are themes that the St Paul's Institute remains committed to exploring and, now through London Connection, we want to ensure they continue to have a voice.

"Bishops cannot have all the answers to what are complex economic problems. What we can do, however, is broker communications and make sure that a proper connection between finance and its ethical and moral context is found."

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Symon Hill, associate director of the Christian think-tank Ekklesia, said: "This is bad news for the many Christians and many others who been supporting the Occupy movement.

"Many Christians are alarmed that St Paul's have supported the eviction, albeit via the back door by giving evidence to support the City of London Corporation.

"I will be one of the many Christians who will helping to form a ring of prayer around the camp should the evictions go ahead."

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John Cooper QC, acting pro bono for Occupy, said the appeal would be made tomorrow.

He added after the hearing the case was the "start of a legal analysis as to the extent of public protest in this country".

He also said that his clients had "grave concerns" that St Paul's had passed evidence to the City of London without entering itself as a party in the case.

One of the protesters, Tammy Samede, said that Occupy had won the moral argument "hands down".

St Paul's "have supported the city of London's case even though they have not entered themselves as parties in this case" she said, labelling them "shameful and cowardly".

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@ Scriptonite : #occupylsx @OccupyLSX so,judge rules occupy be evicted from St pauls and refuses appeal. given 7 days to take own case to court of appeal...

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At St Paul's one protester, wearing a black hood and white mask, held up a sign reading: "Whatever. We have won."

Others responded calmly to the news, saying the eviction would not affect the message of the movement.

Elijah Olig, 18, from Australia, has lived at the camp since October 27 and said he would continue to protest elsewhere.

"I don't react negatively or positively to it, it has come about after a long string of verdicts and either way we are going to be moving on.

"We have Finsbury Square and UBS, there are multiple places where we reside already. Whatever happens, we will do something positive.

"A victory or a loss wouldn't change anything about the movement. We've already achieved what we set out to accomplish, which is to get the conversation topic on people's tongues and raise awareness. We are trying to get our community back together and we have still accomplished something."

When asked if he thought the eviction of the churchyard would mirror the violent scenes seen at Zuccotti Park in New York, Olig said: "I wouldn't see it getting violent here. This is one of London's most common marketplaces and I think it would be a really rash move for the police to come in and kettle us in front of families and children...

"We would peacefully resist but not with violence."

Jake Lampard, 16, from Leyton, east London, has been coming and going from the site for the past two months.

He said: "I hope we can find places to stay or ways around it but I think they want to get rid of us before the Olympics. We are not a real threat to the government but they need a pretty city when everyone comes to see us.

"This is what I stand for and I think if I sat at home doing nothing about it, then I wouldn't have any morals or any backbone."

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@ Scriptonite : #occupylsx @OccupyLSX City: ask for five days only Judge: 7 days is reasonable...will city undertake to suspend eviction for 7 days?

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The judge has turned down Occupy's request for an appeal, saying that he did not see a "realistic chance for success".

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Images taken today:

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The QC for Occupy London has asked for permission to appeal and for a seven-day window before the eviction is enforced.

In reply the City has said that it will only give Occupy three days - enough time to lodge an appeal.

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The Bishop of London, the Rt Rev Richard Chartres, commenting on the ruling, said: "Whatever now happens as a result of today's judgment, the protest has brought a number of vital themes to prominence.

"These are themes that the St Paul's Institute remains committed to exploring and, now through London Connection, we want to ensure they continue to have a voice.

"Bishops cannot have all the answers to what are complex economic problems. What we can do, however, is broker communications and make sure that a proper connection between finance and its ethical and moral context is found."

Via PA

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@ OccupyLondon : We're asking you twitter: Which one: #PlanA - stay & resist #PlanB - devolve & spread to each borough of London or #PlanC find a new target

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@ OccupiedTimes : City will not enforce order which has immediate effect for three days.

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The City of London Corporation is now asking for an order to preempt the erection of any new tents or structures.

Meanwhile in a statement Stuart Fraser, the City of London Corporation’s Policy Chairman, said:

"We took this action to clear the tents and equipment at St Paul’s. We hope the protesters will now remove the tents voluntarily. If not, and subject to any appeal proceedings, we will be considering enforcement action.

"Lawful protests are a regular part of City life but tents, equipment and increasingly, quite a lot of mess and nuisance, is not what a highway is for and the public generally is losing out – as evidence before the court made clear."

"A Planning and Transportation Committee meets on 31 January and will consider the judgment. More details here later."

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@ ccdavies : The #occupylsx judgment gives the City powers to remove any tents that are not voluntarily removed

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The judge told the court that there were a number of "powerful considerations" pointing to the outcome for which the City contended.

"And in my judgment, when the balance is struck, the factors for granting relief in this case easily outweigh the factors against.

"The extent and duration of the obstruction of the highway, and the public nuisance inherent in that obstruction, would itself warrant making an order for possession and granting injunctive and declaratory relief.

"So too would the effect of the camp on the Article 9 rights of worshippers in the cathedral. So would the effect on visits to the cathedral. So would the other private nuisance caused to the Church. So would the planning harm to which I have referred.

"Adding all of these things together, one has, I think, an unusually persuasive case on the positive side of the balance."

He said that the proposed interference with the protesters' rights was "entirely lawful and justified" as well as necessary and proportionate.

"Withholding relief at this stage would plainly be wrong. The freedoms and rights of others, the interests of public health and public safety and the prevention of disorder and crime, and the need to protect the environment of this part of the City of London all demand the remedy which the court's orders will bring."

He said that the City's decision to take legal action was "neither precipitate nor ill-considered".

"I am satisfied that the City had no sensible choice but to do what it has.

"Conscious of its duties under statute, it gave the defendants an ample opportunity to remove the protest camp without the need for time and money to be spent in legal proceedings.

"It has, I believe, behaved both responsibly and fairly throughout."

Referring to the protesters, he said: "Whilst I recognise that this outcome will be disappointing to the defendants, I wish to pay tribute to all who participated in the hearing for the courteous and helpful way in which they conducted themselves."

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@ TomSkyNews : Source at City of London corporation tells me they are keen to make sure we don't see tough New York style #occupy evictions

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@ Scriptonite : #occupylsx City: hopes protesters will accept conclusion and leave with dignity....sighs all round

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To pick over what Occupy just told us:

"The judge said the city had the right to evict us from areas one and two, but there was no mention of the areas that belong's to St Paul's."

That refers to this map, on which you can see a small green area near St. Paul's which is not owned by the city.

Is it possible Occupy may try to stay on this area?

Update: The City of London has apparently addressed this in court in a pre-emptive attempt to stop the protesters moving to the other area.

The judge responds that there is "practical good sense" in that idea.

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We've just spoked to Spiro, Occupy's spokesman.

"We're going to ask for an appeal," he said. "It was 50/50, we didn't know what to expect."

"The judge said the city had the right to evict us from areas one and two, but there was no mention of the areas that belong's to St Paul's."

"People are disappointed but we are also positive that whether or not we are evicted we will survive. Occupy is more them the camp, its an idea."

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Some Occupy protesters have already vowed to stay until they're "dragged off".

In the court, Tammy Samede has thanked the City of London for its "good behaviour" in the court, and has asked them to behave better outside it.

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@ alburyj : #occupylsx mic checks ringing around court "no matter what they say about #occupy, our behaviour has been better than those we are fighting"

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@ alburyj : Judge states that he believes #occupylsx causes significant obstruction & nuisance and doesnt believe pressing need outweighs this. #olsx

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Justice Lindblom has said that he "cannot adjudicate on merits of the protest", and while he accepted the "good intentions" of the protesters the City was now entitled to remove the tents from the site.

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@ alburyj : @occupylsx Judge states that he accepts city is entitled to injunction which it seeks.

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@ Scriptonite : #occupylsx judgement is that City of London is entitled to an order 4 possession for immediate eviction @OccupyLSX

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The City of London Corporation has won its High Court bid to evict anti-capitalist protesters from outside St Paul's Cathedral.

This is from the Press Association.

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@ Scriptonite : Judge reading summary of judgement available on judiciaries website #occupylsx

We will link to that summary as soon as we have it.

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@ OccupyLSX : And we begin

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We're not inside the RCoJ ourselves, but our various sources report that the tension is building as the decision on Occupy London's right to stay at St Paul's is delayed.

There are up to 100 people inside the courtroom, and sources are reporting that things are getting "rowdy".

It also looks as though both sides are likely to appeal whatever the decision - so don't expect an orderly clean-up by tonight if things go against the protest. This looks set to run and run.

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@ JamieKelseyFry : @OccupyLSX crowd growing outside as are amount of media http://t.co/6QwfwMqm

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Want to catch up on what's happened with Occupy over the last few weeks and months? Check out our Big News page, which contains most of the best pieces we've written and published since October.

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The City of London Corporation has won its High Court bid to evict anti-capitalist protesters from outside St Paul's Cathedral. After a five day High Court hearing, which finished just before Chris...
The City of London Corporation has won its High Court bid to evict anti-capitalist protesters from outside St Paul's Cathedral. After a five day High Court hearing, which finished just before Chris...
The City of London Corporation has won its High Court bid to evict anti-capitalist protesters from outside St Paul's Cathedral. After a five day High Court hearing, which finished just before Chris...
The City of London Corporation has won its High Court bid to evict anti-capitalist protesters from outside St Paul's Cathedral. After a five day High Court hearing, which finished just before Chris...
 
 
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HUFFPOST SUPER USER
Siara
Obama 2012
12:57 AM on 01/19/2012
Very sorry to hear this. Find another place and keep on pushing, you guys. Kudos to the Church for being on the side of the poor. Here in America, seeing Christianity work right was a mind bending experience.
11:40 PM on 01/18/2012
does anyone find it odd that they are using Guy Fawkes as their symbol for freedom when the real one tried to blow up Parliament and install a Catholic Theocracy?
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HUFFPOST SUPER USER
IbrahimSapien
Admit it, chicken nuggets are awesome.
04:18 PM on 01/19/2012
Having gotten to know OWS, no I'm not surprised. Their movement is motivated by a childish desire for revolution and sweeping change, mostly in the anarchist and socialist direction. Needless to say, they don't invest much thought in details or facts.
11:32 PM on 01/18/2012
the unemployment figures will go up again i assume they did sign off because they was not available for work, while protesting, Come on hands up anyone who protesting at st pauls in full or part time employment ? if so state your first name and job and company yiou work for ? anyone in full time education at uni ? if so where do you get the time to attend tyhis protest ? and last question anyone claiming benefits from the system they so want rid of ?
11:20 PM on 01/18/2012
They are handleing it better then the USA has...
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HUFFPOST SUPER USER
Siara
Obama 2012
12:58 AM on 01/19/2012
you can say that again
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HUFFPOST SUPER USER
Kritikos
Intelligence is not a science
11:03 PM on 01/18/2012
They'll be back.
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10:46 PM on 01/18/2012
And this is a surprise???
09:42 PM on 01/18/2012
HI HO, Hi HO, its off to , probably not.
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Mickey Mouse 1
There are no lies or deceit on a chess board.
08:38 PM on 01/18/2012
Stop paying welfare benefits to protesters and make them get a job.
09:27 PM on 01/18/2012
Get a life?
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Mickey Mouse 1
There are no lies or deceit on a chess board.
09:37 PM on 01/18/2012
Sorry, sweetie, I've all ready got one!
07:43 PM on 01/18/2012
Perhaps this judgment will be the catalyst to further energise the various groups, who are rightly indignant about the excesses of capitalism, to move forward in an organised and collective way. Conceptual revolutions require generally agreed manifestoes if they are really to gain popular support. I believe that it would be a fruitful exercise to canvas through social networking in order to find out what actions people generally would really like to take in order to address the many issues we are facing in the 21st century. Out of this may come a manifesto for a new form of political order. At the very least I would hope that a code of morally based principles for action would emerge.
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Reality always bites
Sometimes just a bit peckish
10:29 PM on 01/18/2012
I am impressed that you bothered to post such an intuitive view on a site that has had only thirty comments! Way to go for radical change- BTW not all the comments agree with your view!
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HUFFPOST SUPER USER
IbrahimSapien
Admit it, chicken nuggets are awesome.
04:16 PM on 01/19/2012
We don't need a "new form of political order". We just need citizens to be mindful of their civic obligation to vote, and to do so with the right demands for qualification and character in mind. America has the best political system of the world. Unfortunately, for the past few decades, America's voter turnout has lowered to near the bottom of the developed world.

From my experience with OWS, it seems too many of them have childish understandings of politics and economics. They're advocates for a ridiculous form of anarchism and socialism. For their talk of freedom and liberty, I shudder to think of the oppression these people would belt out on most Americans if they actually had power. Given there way, America's working class would be absolutely decimated.
10:01 PM on 01/19/2012
Thanks for posting your well considered views. However, I still strongly feel that a new order is critical. Just take a look outside of America. There are very few countries worldwide where governance is not controlled by established elites of the very wealthy (hence the Arab spring uprisings). I would also strongly dispute that America has the best political system in the world. How much do you have to pay to become president these days ? And why doesn't the current Republican front running candidate pay more than 10% tax ? My fundamental point is that the ever widening gap between the very rich and the very poor is both unsustainable and immoral. We need to move towards a politic which creates a floor giving the great majority of people at least a humane living standard and at the same time impose a ceiling beyond which the wealthiest cannot go. (The ceiling must be such that it does not inhibit creativity and enterprise). Not fair? - think about Bill Gates - he has made more money than any human could possibly spend. Give him his due and my admiration he really is trying to do some excellent work through his foundation but I am sure that if you asked him he might well tell you that he has an embarassment of wealth. Keep posting.
07:39 PM on 01/18/2012
The fight for morality is not over. What is good will eventually always triumph over what is bad.
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Reality always bites
Sometimes just a bit peckish
10:30 PM on 01/18/2012
Who decides?
11:37 PM on 01/18/2012
if history is any indicator, the one with the better army
07:30 PM on 01/18/2012
Of course the City of London wins... I didn't know a city is a corporation. Who are the incorporators? enlighten me, somebody, I am not from Britain. How would it be that those living in castles and palaces be evicted, for not doing anything remarkable inspite of their positions -- such a waste of space and resources. One day, they who keep themselves will be occupied.
06:52 PM on 01/18/2012
It's funny how most of the comments even on a liberal site are dismissive and negative towards one of the very few groups of people who are fighting against the 1% to protect the extremely under-represented interests of the 99% against the extremely over-represented interests of the 1%.

Just goes to show how easily mainstream media can brainwash the majority into arguing against their own interests.
08:19 PM on 01/18/2012
And just what interests are those? Very easy to generalize, but when you come down to it, life wouldn't be anything as good as it is if not for the 1%.

Can things be better, sure, but best to make it so yourself then to have or make others do it for you.

And just because we believe the OWS are not being very helpful or many have views which we can't support, doesn't qualify for brainwashing - a very over used term for those in the minority.
09:37 PM on 01/18/2012
I'm talking about monetary interests. The top 1% of the richest people own the media (which they use to brainwash poor people into sticking up for the media's owners and their rich friends and families), the big corporations, many medium sized corporations and they also own lobbyists which make deals and bribes through which they own much of our government. This is why when governments decide that they are spending too much money and not bringing in enough, they don't raise inheritance taxes on large estates or the tax rate on high earners, they don't close tax loopholes for the rich and their corporations, instead they take the taxpayers money and buy toxic assets off the richest business owners and call it an economic stimulus, they then focus on slashing benefits for those who have been hit hardest by the bad economic climate which was caused by the rich, slashing salaries of the lowest paid workers, slashing funding for schools and hospitals etc etc, all things that harm the poor without causing the rich any monetary losses.
10:02 PM on 01/18/2012
You say life wouldn't be as good without the 1% but that is a very bad assumption. If the 1% didn't own 80% of the purchasing power in the world the other 99% could have a lot more of a share in the worlds goods. Around 40% of the 1% inherited the money anyway and much of the rest earned it by ripping people off. You didn't think Putin for example got to his position by helping others did you? Some rich people earned most of their money in genuine ways but much of the wealth that the majority of them own was bought about by extorting as much as possible out of other people.

To answer your middle sentence, that is what the OWS people are doing. They're going out there, using their right to protest and giving their time to try to make a difference for all of us. We should be thanking them rather than criticising them at every opportunity.

Well being different people they will obviously have various different views but the main view they hold is that the rich are shafting the 99%. Much of the 99% want to bend over, take it and ask for more but the OWS people aren't taking it without a fight.

The brainwashing I'm talking about is what you read in the media when they tell you that we should end this recession by taking from the poor when the richest 1% already own 80% of the wealth.
06:05 PM on 01/18/2012
LOL.. LOFL! I neve thought I would ever use those, but here we are. So our high court can remove a bunch of campers, but it cannot eject terrorists and illegal immigrants.....!?!?.. These 'Camping' guys need to escalate to the european courts, They will bend our legal system over and give it to um' hard!!
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06:00 PM on 01/18/2012
its over you lost get out
04:56 PM on 01/18/2012
St Paul's and the Bishop of London are Judas, they sold out Jesus teaching in exchange of City of London's donations to the coffer of St Pual's funds.
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HUFFPOST SUPER USER
bonelessfluff
A mind is a terrible thing to eat
05:08 PM on 01/18/2012
Christianity seems to be less and less about Jesus.