law, or what common law punishment existed, I do not recollect any difference of opinion on the point that, the penalties enacted by these statutes-that it was difficult to say that the penalties enacted by these statutes, were proper to be inflicted. The Act, therefore, of the 53rd of the King repealed the clause of the 9th and 10th William III. against denial of the doctrine of the Trinity; but I apprehend that it left the common law exactly where it was: and conceiving the object of the present application to be to contend that the defendants are not the persons entitled under the circumstances to the management of the trust, or if they are legally invested by the deeds with the character of trustees, that they are not bona fide administering this trust, but under colour of the trust created in them by the deeds, they are in truth creating a new trust; and that they are so executing and creating a trust directly at variance with that contemplated by the founders: and whatever may have been stated and argued at the bar, as to the criminality or not of parties, with which I conceive that I have in this case nothing to do, I have here only to administer civil rights, and in this instance to go no further than to determine the points arising upon the pleadings, having no office to determine what is or is not crime or offence at common law, except where the Court is of necessity called to determine it by being called upon to interfere in a case which depends upon such determination, or to aid such crime or offence. I shall therefore confine myself to the civil question, because the other does not in this case arise. You will recollect, that by the Toleration Act, the benefit of it is not given to impugners of the doctrine of the Trinity, and the Attorney General, by this information, contends that the trust is about to be applied to doctrines which the Legislature, when it was extending toleration to the mass of Protestant Dissenters, did not think proper subjects for such toleration. The first deed is that of 1701, which declares the trust to be for the worship and service of God, with various provisions; and it is Especially provided that if at any time such meeting for the worship and service of God should be prohibited by law, and the meeting-house thereby become useless, the Several same should go to other uses." passages in this deed were particularly commented on at the bar. I shall how only state that there is quite sufficient of allegation in the information, that this was a foundation made by a body of Protestant Dissenters, established with a view to pro Namely, what was the intent of the founder as to doctrine. E. T. mote the teaching of doctrines to which In this case, however, I improper to be included in the toleration it extended to Protestant Dissenters; and this clause, therefore, appears to give extremely strong countenance to the opinion that those who originated the institution intended, at least, that those doctrines should not be taught which impugned the doctrine of the Trinity. With respect to the power given to the trustees to make orders and regulations, I think they cannot be considered to be thereby empowered to change the whole purpose of the institution by diverting it to the maintenance of a different sort of doctrines as different indeed as if it should be considered that it gave them a power to change it from a place of Dissenting worship to that of the Church of England; for it seems to me that it is just as contrary to the intent of the founders to change from one mode of Dissenting worship to another, as to that of the Established Church As to the clause which it was supposed affected Mr. Mannder's character of trustee, from his having withdrawn, I apprehend that if the parties meant to divert the oharity by teaching such doctrines as the bill charges, this Court would never have discharged a trustee under that clause, because it would have considered him as guarding the trust according to the intent of the founders. Another part of the trust is settled by the deed of 1720, for the benefit of the minister for the time being, and not as in the former deed; and then it is provided that if the Toleration Act should be repealed, and the congregation prevented by law from assembling, (observing in passing that it is extraordinary that they should provide against that Act being repealed, if they knew they were establishing doctrines which were exempted from the benefit of that Act, or that they should at any rate not have added to these provisions, in case that Act should be held not to extend to their class of worship, and they should be prevented assembling in consequence",) then the estate was to be sold for the benefit of the then minister. Then arises the question whether the minister can be appointed for three years only, and that must depend upon the usage, whether the one gives and the other ac cepts such nomination. It appears highly probable that the person who gave that part of the fund contemplated a provision for the minister for life, and yet it may certainly be shewn and turn out to be the usage of the congregation to do other. wise. As to the power of appointing trustees, it is provided that if trustees die, desert the congregation, or become of any other religion or doctrine whatever (and I would observe on these words, that if the question came before the Court whether a trustee had or had not become of a different persuasion, it would then be necessary for the Court to inquire what was the religion intended, not for the purpose of making observations upon this or that religion, but to inquire into that religion, in order to determine whether such person could be duly removed on account of that new class of opinions or religion to which he had addicted himself, and that with reference to civil rights only, except in very special cases indeed), it is provided that if the trustees did not keep up the number, the minister might appoint them. This trust, in 1792, became vested in Maunder and eleven others, including a person who never acted, it is said. It is alleged in the information that Maunder is now to be considered as the only trustee, or that if the defendants have any part of the legal estate vested in them, that they are introducing a doctrine directly contrary to the intent of the founders. If the defendants are not duly elected, then Maunder is certainly the surviving and only trustee; and defendants admit that the legal estate in one-fifth part of some of the property and one-sixth of another part has not passed to them; but that Maunder, not having acted, ought now to act as the majority direct. With respect to the intent of the donors; on these questions the defendants by their answer state that they cannot say whether the meeting was originally built by Trinitarians, and whether and how long such principles were professed, save that in 1780 some of the congregation were Trinitarians, and others professed different sentiments: they deny that the trust was intended to promote a belief in the Trinity. And they charge that the trust was for the worship and service of Almighty God, without any mention of Trinitarianism or any other doctrine, and that the funds have accordingly been so applied. They cannot say of their own knowledge whether the former ministers were or were not Trinitarians, or what they were: they do not believe the intent of the founder was to promote a belief in the Holy Trinity; but they believe the intent was to promote the worship of God as Protestant Dissenters generally. They admit having been in possession of the meeting-house, and that the doctrine of the Trinity has not been taught, except by the plaintiff, Mr. Steward, who, having taught Unitarianism three years, has lately begun to preach Trinitarianism; and they say they are not all of the same opinions, but that they all believe in God, and the propriety of worshiping and serving God; that they con. sider peculiar opinions irrelevant, and that the intent was for the service of God, without regard to any particular tenets, They seem to have gone on harmoniously till the election of a Mr. Jennison by some part of the congregation, and a Mr. Griffiths by another part, which discussion seems to have ended by Mr. Griffiths keeping possession of the meeting-house and pulpit; and I understand he was an Unitarian, and kept possession till 1804. It appears that in 1793 à feoffment was made to twelve trustees, which Mr. Maunder refused to execute, and another of the former trustees, but who had never acted, also did not execute. The legal estate thus vested in them, therefore, did not pass to the new trustees; and in this kind of transaction the Court must have interposed, because it would never admit so inconvenient a thing to the trust as splitting it into portions. I collect their reason for not executing to be, that they considered the congregation as maintaining different doctrines from the purpose of the founders. There is a doubt also, whether this conveyance was duly perfected by levy of seizin. The major part, however, in 1813 elected Mr. Steward, and in 1816, upon his change of opinions, they say they called upon him to quit with the consent of the congregation, at the same time hinting that if he continued in his former opinions, they would have no objection to his continuing, and at any rate that he might remain for three months. I repeat that I have nothing to say, or any opinion to pronounce as to any particular religious doctrines; but that this case must be discussed as if it were the case of common trust property, with no relation to any religious purpose, and a case where the parties contended that that trust was diverted from its principal object. Perhaps we can easily say where the legal estate is vested; but still comes the question for what purpose that estate is so vested. When a clergyman of the Church of England is presented to a living, we know his duties; but as the Legislature of the country has permitted seceders from that church, and as it is now the duty of the Court to enforce trusts for these institutions, we must look at the deeds creating those institutions only, to say what are the proper purposes to which they are to be applied. Where a charitable institution is founded of this kind (or say for civil purposes, in order that we may discuss the subject more temperately than we usually do religious ones), the Court must see that the trustees apply the fund for the benefit of their trust and no other; but if upon inquiry (and I cannot find it sufficiently clear upon this record), it shall be found that this was originally such an institution as plaintiff's contend, then the persons in whom it is vested must do their duty to prevent any change from the proper object; and if congregations do change in the manner stated, VOL. III. 3 L. though they certainly do impose great difficulties upon the Court, yet I apprehend that the Court must, as was settled in the Scotch case in the House of Lords, referred to by me the other day, refer to the intent of the founders, and let that be the rule of their decision. Institutions of this kind must not be sacrificed to the changes of the persons in whom they are vested, who have no right over their charge but to perform their duty to the founders. It is necessary to make these inquiries; and in the meantime it is absurd ejectments should be going on and I shall therefore grant the injunction to stay proceedings till further order of the Court, the parties undertaking to account for rents, &c., and refer it to the Master to inquire in whom the legal estate is vested, including the leasehold; and to inquire what is the nature and particular object with respect to worship and doctrine, for the observance and teaching which this institution was created, and to report who are proper persons to be trustees, subject to the direction of the Court. Mr. Hart for the plaintiff's suggested an additional order to call in the £200 out on note. Lord Chancellor.-If the Court is to call in this money, with a view to investing it for the benefit of the trust, it will become necessary to agitate the question, which I have avoided, whether the law stands so that the Court can lend its aid in support of an institution for supporting Unitarianism. It is for you to consider whether you will entangle yourselves with that question. The plaintiffs' counsel did not press it further. Northern Unitarian Society. Sheffield, July 3, 1817. THE Annual Meeting of the Northern Unitarian Society, and the ministers of the Presbyterian association for the midland counties of Derby, Nottingham, Leicester, Lincoln, and the south of Yorkshire, was held on the 20th of last month, at Sheffield. The Rev. Mr. Hawkes, of Lincoln, delivered a discourse in the morning, from John xxi. 15, addressed principally to his brethren in the ministry; and in the evening, the Rev. Mr. Turner, of Newcastle, preached to the people from Eph. vi. 24. The interval between the services was very happily spent at the Tontine Inn, where the ministers, with many members of the congregation in Sheffield, and other gentlemen, partook of au economical dinner. It was proposed, and unanimously agreed, that henceforward the meeting should be quarterly; the first to be held at Mansfield, in the county of Nottingham, Southern Unitarian Society. THE Annual Meeting of this Society was held on Wednesday, the 16th July, at the Unitarian Chapel, Poole. The morning service was introduced by the Rev. Russell Scott, of Portsmouth, who also read the Scriptures, and offered the general prayer; the sermon was preached by the Rev. A. Bennett, late of Ditchling, but now minister of the congregation at Poole; and the Rev. N. Walker concluded the devotional exercises. The sermon delivered by Mr. Bennett excited great interest, and made a strong impression on a numerous audience. The object of it was to shew that the Unitarian system is a complete system, complete in its articles of faith, in its motives to piety, and in the joys and consolations which it affords to sincere and upright believers. The worthy preacher established this position by a candid examination of the tenets of reputed orthodoxy. There was a religious service in the evening, which was introduced by the Rev. Mr. Lewis, of Dorchester; the Rev. William Hughes, of the Isle of Wight (in the absence of the Rev. Mr. Blake, of Crewkerne, who was prevented from attending the meeting), preached, and in a Ivery able discourse explained the nature of sacrifices, and shewed that they afford neither countenance nor support to the Calvinistic doctrine of Atonement. Upwards of six hundred persons were present. A The business of the Society was transacted immediately after the morning ser. vice; the thanks of the society were una nimously voted to the morning preacher, accompanied with a request that he would consent to the printing of his sermon, to which request he kindly assented. newly arranged and improved list of the books distributed by the Society was proposed by the Rev. Russell Scott, and adopted; and Thomas Cooke, Jun. Esq. was re-elected Treasurer and Secretary for the ensuing year. The members and friends of the Society dined together at the London Tavern, High Street. Several new members were added A. C. Scotch Unitarian Christian Association. Glasgow, May, 1817. On Sunday the 27th April, was held, at Edinburgh, the Fifth Annual Association of the Unitarian Christians of Scotland. The religious services of the day were conducted in the Unitarian Chapel, Carubber's Close The morning service was introduced by Charles Wallace, M. A. late student of Glasgow College. The Rev. John Gaskell, M. A. preached a truly interesting and animated discourse, furnished from the words of the Apostle Paul, 2 Cor ii. 14, "Thanks be unto God who always causeth us to triumph in Christ, and maketh manifest the savour of his knowledge by us in every place." Mr. Gaskell also introduced the afternoon service; and the Rev. Ben jamin Mardon, Unitarian Minister of Glasgow, preached from 1 Cor. xv. 14, on the validity of the evidence for our Saviour's resurrection, with a view to establish the broad line of distinction between Unitarians and the advocates for mere natural religion. Mr. Mardon also introduced the evening service, when the Rev. Richard Wright, Unitarian Missionary, delivered an interesting introductory address, and preached from 1 Cor. iii. 11, "Other foundation can no man lay than that is laid, which is Jesus Christ." The preacher's aim was to give an explicit statement of the rank which Christ occupies in the Unitarian scheme. The congregations, if not numerous, were respectable and attentive. On Monday the 28th, at eleven o'clock, a meeting was held in the chapel, to transact the yearly business of the society. After the usual introduction by singing and prayer, the Annual Report of the Committee of the Association was read, with much interesting communication from the corresponding members, by which it ap peared, that the prejudices against Unitarians are wearing off in several places of Scotland, and many of the common people are ready to acknowledge us in our true character as Christians, though, to use the phrase of one correspondent, we are placed "in the rear rank." Of The report stated, that during the last year, 3676 Tracts, belonging to the Society, had been distri buted, and 2600 remain on hand. these Tracts a considerable proportion are copies of Dr. Carpenter's Unitarian's Appeal, Extracts from Dr. Priestley's Familiar Letters to the Inhabitants of Birmingham, and Elwall's Trial, which have been lately reprinted by the Society, and appear excellently adapted to promote the cause of dation of the last year's Committee, the Unitarianism. Agreeably to a recommenmeeting resolved, that the funds of the Society should, for the present, be exclu sively devoted to the printing and circulation of small tracts. The Committee for the subsequent year is chosen in Edinburgh, Mr. Wm. Tennant, jun., being Secretary, and Mr. L. Scott, Treasurer. Mr. Wright was requested to print, for cheap circulation, the substance of the Address which he prefixed to his Sermon; (the latter forms one in the volume of Discourses now in the press), to which request he has very kindly conceded. Among other good wishes expressed by this meeting, was a tribute of grateful acknowledgment to the Rev. James Yates, for his late "Sequel to the Vindication," a work which evincça the most accurate and extensive learning, a judicions acquaintance with Scripture, and a truly candid, liberal and pious spirit, and which, in conjuction with the Vindication, to which it forms an excellent Supplement, cannot fail to be of essential service to the cause of truth and godliness. After the business of the Society was transacted, the friends repaired to Barclay's Tavern, Adam's Place, where a select company partook of an economical dinner. The following sentiments were given by Dr. Gairdner, the Chairman, and contributed, in the speeches connected with them, to inspire the company with the most pleasurable and grateful feelings; The Scotch Unitarian Christian Association, which he introduced with a very able address, concluded by the following striking passage from Dr. Johnson's Rambler, which, as a very happy illustration of the manner in which moral difficulties may be overcome, the writer hopes that gentleman will not be displeased to see inserted in this place : "All the performances of human art, at which we look with praise or wonder, are instances of the resistless force of perseverance it is by this that the quarry becomes a pyramid, and that distant countries are I united with canals. If a man was to compare the effect of a single stroke of a pickaxe, or of one impression of the spade, with the general design and last result, he would be overwhelmed by the sense of their disproportion; yet these petty operations, incessantly continued, in time surmount the greatest difficulties, and mountains are levelled and oceans bounded, by the slender force of human beings."-(No. 43.) The King and the British Constitution; upon which Mr. Wright took occasion to enlarge on the obligations of Unitarians to the house of Brunswick.-Peace to the shades of the Penal Statutes against Unitarians. British System of Education.-Manchester College, York, and the Unitarian Academy at Hackney.-Mr. Belsham, the terror of Bishops. Mr. Aspland and the Unitarian Fund.-Memory of Dr. Priestley, (drunk standing.) The Rev. R. Wright. -Dr. Southwood Smith, late Unitarian Minister at Edinburgh, now of Yeovil. The Rev. James Yates, now of Birmingham-Mr. Gaskell and the congregation at Thorne. The Congregation at Glasgow and Mr. Mardou, their present minister, who took occasion to introduce the memory of the Rev. Dr. Dalrymple, and the Rev. Dr. M'Gill, late ministers of Ayr. The meeting broke up at an early hour, all seemingly impressed with the importance of the glorious canse in which they are engaged, and willing to employ their individual and united efforts to advance its interest; persuaded that the general adoption of Unitarianism, "the truth as it is in Jesus," must issue in glory to God in the highest, in peace on earth, and good will towards men. The writer of this paper, earnestly recommends to the friends of Unitarianism, and of free inquiry in England, the interests of their brethren in Scotland, particularly of the churches, established for the sole worship of the Father, in Edinburgh and Glasgow. Labouring under the disadvan tages to which, in general, Dissenters have been subject, the cause which they have espoused from conviction, will flourish more abundantly by the co-operation of their southern neighbours. The Scotch. Unitarians are deeply grateful for the assistance afforded by the Unitarian Fund, in favouring them with the visits of that able and active missionary, Richard Wright, and will be pleased with the occasional visits of other English ministers, who may find it convenient to come among them. B. M. PARLIAMENTARY. Athanasian Creed, Thursday, June 26, General THORNTON moved that a Clause should be inserted in the Clergy Residence Bill, enforcing the due performance of the Established Service, and particularly the reading of the Creed of St. Athanasius, which was now frequently omitted. The honourable mover thought this point was of the utmost importance, as the Unitarians were putting forth cheap publications in refutation of the doctrines of Athanasins. Sir J. NICHOLL said, such a clause was unnecessary, as the bishops had already the power of enforcing the desired objects.-Motion negatived. Is the course of the month, on the motion of Sir John Newport, a bill was carried through the House of Commons, and thence through the House of Lords, (and in both without a single objection or remark,) and at length received the Royal Assent for the relief of Irish Unitarians from all penalties on account of their faith and worship. This act does for Ireland what the Trinity Bill, in 1813, did for England and Scotland, though what that was, remains, according to the doctrines maintained in Chancery, to be yet determined. FOREIGN. RELIGIOUS. Unitarianism in America. WE have received letters from Philadelphia, from which we learn that the Uni tarian Church there is in a state of peace and prosperity. Messrs. Eddowes and Taylor are the officiating ministers; Mr. Vaughan having lately retired from public service on account of the delicate state of his health. The brethren receive occa |