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law, or what common law punishment mote the teaching of doctrines to which existed, I do not recollect any difference they were attached, and especially for the of opinion on the point that, the penalties parpose of inculcating the doctrine of the enacted by these statutes--that it was dif- Trinity, or at least, that the original ficult to say that the penalties evacted by founders' intent and opinions were such these statutes, were proper to be inflicted. that the teaching of Unitarianism would be The Act, therefore, of the 53rd of the at variance with their object. I observe King repealed the clause of the 9th and upon this particularly, because I take it 10th William III. against denial of the that if land or money were given in sich doctrine of the Trinity; but I apprehend a manner, as to be legal notwithstanding that it left the common law exactly where the statutes concerning charitable uses, aud it was : and conceiving the object of the given to build a house, &c. to maintain the present application to be to contend that worship of God, and nothing precise apthe defendants are not the persons entitled peared as to the particular intent, the under the circumstances to the manage- Court would consider it made for worship ment of the trust, or if they are legally aecording to the established religion ; buit invested by the deeds with the character it is now clearly established that if the of trustees, that they are not bond fide mode and intent of the trust be clearly exadministering this trust, hut under colour pressed to be by Protestant Dissenters, for of the trust created in them by the deeds, promoting their particular doctrines, not they are in truth creating a new trust; and amounting to crime, the Court must admi. that they are so executing and creating a nister that trust according to the intent of trust directly at variance with that con- the founders In this case, however, I templated by the founders: and wbatever repeat there is sufficient allegation on the may have been stated and argued at the bill and on the deeds, to leave no doubt bar, as to the criminality or not of parties, that this trust was originally to maintain with which I conceive that I have in this Protestant Dissenting worship, and there. case nothing to do, I have here only to fore it cannot be said that the worship in. administer civil rights, and in this instance tended was that of the Established Church. to go no further than to determine the I take it, however, from experience, that if points arising upon the pleadings, having any body of persons mean to create a trust, ao office to determine what is or is not and to call upon the Court to administer crime or offence at common law, except that trust according to the intent of the where the Court is of necessity called io foundation, whether connected with relidetermine it by being called upon to inter gion or not, it is incumbent on them in the fere in a case which depends upon such instrument creating such trust to let the determination, or to aid such crime or Court kuow enough of the nature of that offence. I sball therefore confine myself trust to enable it so to act; and therefore, to the civil question, * because the other where a body of Protestant Dissenters does not in this case arise.
establish a trust without any precise defiYou will recollect, that by the Toleration nition of the object or mode of worship, I Act, the benefit of it is not given to im- know of no means the Court has of ascerpugners of the doctrine of the Trinity, and taining it except by looking to what is the Attorney General, by this information, past, and collecting by usage what may, contends that the trust is about to be ap- by fair inference, be presumed to have been plied to doctrines which the Legislature, the intent of the founders. From this when it was extending leration to the deed I can collect that it was for the mass of Protestant Dissenters, did not think maintenance of Protestant Dissenting worproper subjects for such toleration. The ship, but it shews nothing more, except first deed is that of 1701, which declares as I can collect from some of the clanses, the trust to be for the worship and service of particularly the clause contemplating the God, with various provisions; and it is future prohibition of that worship, which especially provided that if at any time such seems to shew that they did not mean to meeting for the worship and service of establish an institution not then tolerated God should be prohibited by law, and the by law, and that they did not meau to meeting-house thereby become useless, the give an uulimited power to vary the plan same should go to other uses. Several of doctrines whenever the majority thought passages in this deed were particularly proper. Looking at the date of the Deed commented on at the bar. I shall now mily of 1701, and that of the Act of Toleration, state that there is quite sufficient of alle- and of 9th and 10th Williain IIl. and gation in the information, that this was a what I find in the deed of 1742, it is imfoundation made by 'n body of Protestant possible to say that while they look to a Dissenters, established with a view to pro- dissolution of the existing system of tole
ration, and to the Legislature prohibiting Namely, what was the intent of the their worship, that they meant to create by founder as to doctrine.
that deed an illegal system, a system E.T. which the Legislatore had just thought
improper to be included in the toleration had or had not become of a different per it extended to Protestant Dissenters ; and suasion, it would then be necessary for this clause, therefore, appears to give ex- the Court to inquire what was the religion tremely strong countenance to the opinion intended, not for the purpose of making that those who originated the institution observations upon this or that religion, intended, at least, that those doctrines but to inquire into tbat religion, in order should not be taught which impugned the to determine whether such person could be doctrine of the Trinity. With respect to duly removed on account of that new class the power given to the trustees to make of opinions or religion to which he had orders and regulations, I think they cannot addicted himself, and that with reference be considered to be thereby empowered to to civil rights only, except in very special change the whole purpose of the institu- cases indeed), it is provided that if the tion by diverting it to the maintenance of trustees did not keep up the number, the a different sort of doctrinesas different minister might appoint them. This trust, indeed as if it should be considered that in 1792, became vested in Maunder and it gave them a power to change it from a eleven others, including a person who place of Dissenting worship to that of the never acted, it is said. It is alleged in the Church of England; for it seems to me information that Maunder is now to be that it is just as contrary to the intent of considered as the only trustee, or that the founders to change it from one mode of if the defendants have any part of the legal Dissenting worship to another, as to that estate vested in them, that they are introof the Established Church, As to the ducing a doctrine directly contrary to the clause which it was supposed affected Mr. intent of the founders. If the defendants Mannder's character of trustee, from his are not duly elected, then Maunder is cer. having withdrawn, I apprehend that if the tainly the snrviving and only trustee ; and parties meant to divert the charity by defendants admit that the legal estate in teaching such dectrines as the bill charges, one-fifth part of some of the property and this Court would never have discharged oue-sixth of another part has not passed a trustee under that clause, because it to them ; but that Maunder, not having would have considered him as gnarding acted, ought now to act as the majority the trust according to the intent of the direct, founders.
With respect to the intent of the donors; Another part of the trust is settled by on these questions the defendants by their the deed of 1720, for the benefit of the answer state that they cannot say whether minister for the time being, and not as the meeting was originally built by Triniin the former deed; and then it is pro- tarians, and whether and how long such vided that if the Toleration Act should be principles were professed, save that in repealed, and the congregation prevented 1780 some of the congregation were Tri. by law from assembling, (observing in nitarians, and others professed different passing that it is extraordinary that they sentiments : they deny that the trust was should provide against that Act being intended to proinote a belief in the Trinity'. repealed, if they knew they were esta. And ihey charge that the trust was for the blishing doctrines which were exempted worship and service of Almighty God, from the benefit of that Act, or that they without any mention of Trinitarianism or should at any rate not bare added to these any other doctrine, and that the funds hare provisions, " in case that Act should be accordingly been so applied. They cannot held not to extend to their class of worship, say of their own knowledge whether the and they should be prevented assembling former ministers were or were not Trinitain conseqnence") then the estate was to rians, or what they were : they do not be sold for the benefit of the then minister. believe the intent of the founder was to Then arises the question whether the mi- promote a belief in the Holy Trinity; but nister can be appointed for three years ihey believe the intent was to promote the only, and that must depend upon the usage, worship of God as Protestant Dissenters whether the one gives and the other aca generally. They admit having been in cepts such nomination. It appears highly possession of the meeting-house, and that probable that the person who gave that the doctrine of the Trinity has not been part of the fund contemplated a provision taught, except by the plajotiff, Mr. for the minister for life, and yet it may Steward, who, having laughi Unitarianism certainly be shewn and turn out to be the three years, has lately begun to preach usage of the congregatiou to do other. Trinitarianism; and they say they are not wise,
all of the same opinions, but that they all As to the power of appointing trustees, believe in God, and the propriety of worit is provided that if trustees die, desert shiping and serving God; ibat they con. the congregation, or become of any olher sider peculiar opinions irrelevant, and religion or doctrine whatever (and I would that the intent was for the service of God, observe on these words, that if the question without regard to any particular tenets, came before the Court whether a trustee They seem to have goue ou harmoniously
till the election of a Mr. Jennison by some though they certainly do impose great part of the congregation, and a Mr. Grif. difficulties upon the Court, yet I apprehend fiths by another part, which discussion that the Court must, as was settled in the seems to have ended by Mr. Griffiths keep. Scotch case in the House of Lords, referred ing possession of the meeting-house and to by me the other day, refer to the intent pulpit; and I understand he was an Unita- of the founders, and let that be the rule of rian, and kept possession till 1804.
their decision Institutions of this kind It appears that in 1793 à feoff'ment was must not be sacrificed to the changes of made to twelve trustees, which Mr. Maun- the persons in whom they are vested, who der refused to execute, and another of the bave no right over their charge but to former trustees, but who had never acted, perform their duty to the founders. It is also did not execute. The legal estate necessary to make these inquiries, and in thus vested in them, therefore, did not pass the meantime it is absurd ejectments sh uld to the new trustees; and in this kind of be going on: and I shall therefore grant transaction the Court must have interposed, the injunction to stay proceedings till because it would never admit so inconve- further order of the Court, the parties un. nient a thing to the trust as splitting it dertaking to account for rents, &c., and into portions.
refer it to the Master to inquire in whom I collect their reason for not executing the legal estate is vested, including the to be, that they considered the congrega- leasehold; and to inquire what is the nation as maintaining different doctrines ture and particular object with respect 10 from the purpose of the founders. There worship and doctrine, for the observance is a doubt also, whether this conveyance and teaching which this institution was was duly perfected by levy of seizin. created, and to report who are proper
The major part, however, in 1813 persons to be trustees, subject to the dielected Mr. Steward, and in 1816, upon rection of the Court. his change of opinions, they say they called Mr. Hart for the plaintif's suggested upon him to quit with the consent of the an additional order to call in the £200 out congregation, at the same time binting on note. that if he continued in his former opinions,
Lord Chancellor.— If the Court is to they would have no objection to bis con call in this money, with a view to investing linuing, and at any rate that he might it for the benefit of the trust, it will become remain for three months. I repeat that I necessary to agitate the question, which bave nothing to say, or any opinion to I have avoided, whether the law stands $0 pronounce as to any particular religious that the Court can lend its aid in support doctrines; but that this case must be dis- of an institution for supporting Unitari. cussed as if it were the case of common anism. It is for you to consider whether trust property, with no relation to any re- you will entangle yourselves with that ligious purpose, and a case where the question. parties contended that that trust was di The plaintiff's' counsel did not press it verted from its principal object. Perhaps further. we can easily say where the legal estate is vested; but still comes the question for what purpose thal estate is so vested. Northern Unitarian Society. When a clergyman of the Church of England is presented to a living, we know his
Sheffield, July 3, 1817. duties ; but as the Legislature of the Tub Annual Meeting of the Northern country has permitted seceders from that Unitarian Society, and the ministers of the church, and as it is now the duty of the Presbyterian association for the midland Court lo enforce trusts for these institutions, counties of Derby, Nottingham, Leicester, we must look at the deeds creating those Lincoln, and the south of Yorkshire, was institutions only, to say what are the proper held on the 20th of last month, at Sheffield. purposes to which they are to be applied. The Rev. Mr. Hawkes, of Lincoin, deli. Where a charitable institution is founded vered a discourse in the morning, from of this kind (or say for civil purposes, in John xxi. 15, addressed principally to his order that we may discuss the subject more brethren in the ministry; and in the even. temperately than we usually do religious ing, the Rev. Mr. Turner, of Newcastle, ones), the Court must see that the trustees preached to the people from Eph. vi, 24. apply the fund for the benefit of tbeir trust 'The interval between the services was very and no other ; but if upon inquiry (and happily spent at the Tontine Inn, where I cannot find it sufficiently clear upon this the ministers, with many members of the record), it shall be found that this was congregation in Sheffield, and other genoriginally such an institution as plaintiff's tlemen, partook of au economical dinner. contend, then the persons in whom it is It was proposed, and unanimously agreed, vested must do their duty to prevent any that henceforward the neeting should be change from the proper object ; and if con- quarterly; the first to be held at Mansfield, gregations do change in the manner stated, in the county of Nottingham. VOL. III.
Southern Unitarian Society. words of the Apostle Paul, 2 Cor ii. 14, The Annual Meeting of this Society was
“ Tbanks be unto God who always causeth held on Wednesday, the 16th July, at the
us to triumph in Christ, and maketh mani. Unitarian Chapel, Poole. The morning
fest the savour of his knowledge by us in service was introduced by the Rev. Russell every place." Mr. Gaskell also introduced Scott, of Portsmouth, who also read the the afternoon service; and the Rev. Ben. Scriptures, and offered the general prayer; jamin Mardon, Unitarian Minister of Glasthe sermon was preached by the Rev. A. gow, preached from 1 Cor. xv. 14, on the Bennett, late of 'Ditchling, but now mi- validity of the evideuce for our Saviour's nister of the congregation at Poole; and resurrection, with a view to establish the the Rev. N. Walker concluded the devo- broad line of distinction between Unitarians tional exercises. The sermon delivered by and the advocates for mere natural religion. Mr. Bennett excited great interest, and
Mr. Mardon also introduced the evening made a strong impression on a numerous
service, when the Rev. Richard Wriglit, audience. The object of it was to shew
Unitarian Missionary, delivered an interthat the Unitarian system is a complete esting introductory address, and preached system, complete in its articles of faith, in from 1 Cor. iii. 11, “ Other foundation its motives to piety, and in the joys and
can no man lay than that is laid, which is consolations which it affords to sincere and Jesus Christ.” The preacher's aim was upright believers. The worthy preacher to give an explicit statement of the rank established this position by a candid exa
which Christ occupies in the Unitarian mination of the tenets of reputed ortho- scheme. The congregations, if not nu. doxy. There was a religious service in
merous, were respectable and attentive. the evening, which was introduced by the
On Monday the 28th, at eleven o'clock, Rev. Mr. Lewis, of Dorchester ; the Rev.
a meeting was held in the chapel, to transWilliam Hughes, of the Isle of Wight (in act the yearly business of the society. the absence of the Rev. Mr. Blake, of After the usual introduction by singing Crewkerne, who was prevented from at
and prayer, the Annual Report of the Comtending the meeting), preached, and in a mittee of the Association was read, with very able discourse explained the nature
much interesting communication from the of sacrifices, and shewed that they afford corresponding members, by which it arneither countenance nor support to the peared, that the prejudices against UnitaCalvinistic doctrine of Atonement. Up- rians are wearing off in several places of wards of six hundred persons were present. Scotland, and many of the common people The business of the Society was trans
are ready to acknowledge us in our true acted immediately after the morning ser.
character as Christians, though, to use the vice; the thanks of the society were una
phrase of one correspondent, we are placed nimously voted to the morning preacher,
in the rear rank.” The report stated, accompanied with a request that he would that during the last year, 3676 Tracts, beconsent to the printing of his sermon, to longing to the Society, had been distri. which request he kindly assented.
buted, and 2600 remain on band. Of Rewly arranged and improved list of the these Tracts a considerable proportion are books distributed by the Society was pro- copies of Dr. Carpenter's Unitarian's Ap. posed by the Rev. Russell Scott, and peal, Extracts from Dr. Priestley's Familiar adopted; and Thomas Cooke, Jun. Esq. Letters to the Inhabitants of Birmingham, was re-elected Treasurer and Secretary for and Elwall's Trial, which bave been lately the ensuing year,
reprinted by the Society, and appear exThe members and friends of the Society cellently adapted to promote the cause of dined together at the London Tavern, High Unitarianism. Agreeably to a recommenStreet. Several new members were added dation of the last year's Committee, the to the Society.
meeting resolved, that the funds of the Newport, Isle of Wight, A.C. Society should, for the present, be exclu. July 19, 1817.
sively devoted to the printing and circulation of small tracts. The Committee for
the subsequent year is chosen in EdinScotch Unitarian Christian Association. burgh, Mr. Wm. Tennant, jun., being Se
Glasgow, May, 1817. cretary, and Mr. L. Scott, Treasurer. Mr. On Sunday the 27th April, was held, at Wright was requested to print, for cheap Edinburgh, the Fifth Annual Association circulation, the substance of the Address of the Unitarian Christians of Scotland. which he prefixed to his Sermon; (the The religious services of the day were con- latter forms one in the volume of Disconrses ducted in the Unitarian Chapel, Carubber's now in the press), to which request he has Close The morning service was introduced very kindly conceded. Among other good by Charles Wallace, M. A. late student of wishes expressed by this meeting, was a Glasgow College. The Rev. John Gaskell, tribute of grateful acknowledgment to the M. A. preached a truly interesting and Rev. James Yates, for his late®“ Sequel to animated discourse, furnished from the the Vindication," a work which evincea
ebe most accurate and extensive learning, highest, in peace on earth, and good will a judicious acquaintance with Scripture, towards men. and a truly candid, liberal and pious spirit, The writer of this paper, earnestly reand which, in conjuction with the Vindi. commends to the friends of Unitarianism, cation, to which it forms an excellent Sup-' and of free inquiry in England, the interests plement, cannot fail to be of essential ser- of their brethren in Scotland, particularly vice to the cause of truth and godliness. of the churches, established for the sole
After the business of the Society was worship of the father, in Edinburgh and transacted, the friends repaired to Barclay's Glasgow. Labouring under the disadrauTavern, Adam's Place, where a select tages to which, in general, Dissenters have company partook of an economical dinner. been subject, the cause which they have The following sentiments were given by espoused from conviction, will flourish Dr. Gairdner, the Chairman, and contri- more abundantly by the co-operation of buted, in the speeches connected with them, their southern neighbours. The Scotch to inspire the company with the most plea- Unitarians are deeply grateful for the as. surable and grateful feelings ; The Scotch sistance afforded by the Unitarian Fund, in Unitarian Christian Association, which he favouring them with the visits of that able introduced with a very able address, con- and active missionary, Richard Wright, cluded by the following striking passage and will be pleased with the occasional from Dr. Jobnson's Rambler, which, as a
visits of other English ministers, who may very happy illustration of the manner in find it convenient to come among them. which moral difficulties may be overcome,
B. M. the writer hopes that gentleman will not be displeased to see inserted in this place :
PARLIAMENTARY. “ All the performances of human art, at
Athanasian Creed. which we look with praise or wonder, are Thursday, June 26, General THORNTON instances of the resistless force of persever. moved thai a Clause should be inserted in ance : it is by this that the quarry becomes the Clergy Residence Bill, enforcing the a pyramid, and that distant countries are due perforinance of the Established Service, united with canals. If a man was to com- and particularly the reading of the Creed pare the effect of a single stroke of a pick- of st. Athanasius, which was now freaxe, or of one impression of the spade, with quently omitted. The honourable mover the general design and last result, he would thought this point was of the utmost imbe overwhelmed by the sense of their dis- portance, as the Unitarians were putting proportion; yet these petty operations, forth cheap publications in refutation of the incessantly continued, in time surmount the doctrines of Athanasins. Sir J. NICHOLL greatest difficulties, and mountains are le- said, such a clause was unnecessary, as velled and oceans bounded, by the slender the bishops had already the power of enforce of human beings."-(No. 43.) The forcing the desired objects.--Motion negaKing and the British Constitution; upon tived. which Mr. Wright took occasion to enlarge on the obligations of Unitarians to the
Is the course of the month, on the motion house of Brunswick. – Peace to the shades of Sir Johu Newport, a bill was carried of the Penal Statutes against Unitarians.- through the House of Commons, and thence British System of Education. - Manchester through the House of Lords, (and in both College, York, and the Unitarian Aca- without a single objection or remark,) and demy at Hackney.--Mr. Belsham, the terror
at length received the Royal Assent for the of Bishops.- Mr. Aspland and the Unita. relief of Irish Unitarians from all penalties rian Fund. - Memory of Dr. Priestley,
on accouut of their faith and worship. This (drunk standing.)-The Rev. R. Wright. act does for Ireland what the Trinity
-Dr. Southwood Smith, late Unitarian Bill, in 1813, did for England and ScotMinister at Edinburgh, now of Yeovil.- land, though what that was, remains, ac. The Rev. James Yates, now of Birming- cording to the doctrines maintained in ham. —Mr. Gaskell and the congregation Chancery, to be yet determined. at Thorne.--The Congregation at Glasgow and Mr. Mardou, their present minister,
FOREIGN. wlio took occasion to introduce the memory of the Rev. Dr. Dalrymple, and the Rev.
RELIGIOUS. Dr. M Gill, late ministers of Ayr. The
Unitarianism in Americu. meeting broke up at an early hour, all
We have received letters from Philadelseemingly impressed with the importance phia, from which we learn that the Uni of the glorious canse in which they are
iarian Church there is in a state of peace engaged, and willing to employ their indi- and prosperity. Messrs. Eddowes and vidual and united efforts to advance its in. Taylor are the officiating ministers; Mr. terest; persuaded that the general adoption Vaughan having lately retired from public of Unitarianism, “ the truth as it is in service on account of the delicate state of Jesus," must issue in glory to God in the his health. The brethren receive occa