The Sun. — London, England, 1817-07-15 00:00:00

LAW IN'i ELLIGENCE. .coura OF L:IAIOEItY, Jut 14. IMPORTANT CASE TO PROTESTANT DISSENTERS. MAUNDER AND sTEwART V. rEattsoN AND rertlEas. 'lbis case, which excited considerable interest from its importance to the Dissenting Clergy, came on this day before the Lord Chancellor, at Lincoln's Inn Hall. It was an inforthation filed by his Majesty's Attorney-General, at the instance of Maunder and the Rev. John Stew art, against Pearson and others, Trustees of a Dis senting Chapel, praying the Court to grant an in janetiou to restrain the defendants from proceed ing at Law by an ejectment - . It appeared that in 1701 a piece of ground had been left by an indi- N ideal for the purpose of a Chapel being built " for the worship of God," and also an • acre of land (called the Ten-fields) with other property for the endowment of that Chapel. The question now before his Lordship was, whether the Chapel which had been Originally endowed for one.pur pose cord.] be employed to another end than what was originally intended, or in other words, whe ther Unitarians jtad a right to occupy a Chapel which originally was intended for Trinitarians 'Sir S. RDMILLy i Messrs. HART, SHADWELL And Gte were Counsel for the plaintiffs. They contended that in the well known case of the At torney General v. Fowler, his Lordship had, alter a patient investigation of facts, held that an in stitution of the same nature as the one now under discussion, was to be considered and acted on the same as any other public charity, and therefore there could-be. -nOpossible doubt on that head.— The point, therefore, now to be agitated was,- whether the Court should permit the persons in vested with such a trust, to act in a manner as would infallibly destroy it. This place of worship was now occupied by Unitarians, and the question was, whether or not this had- been the original design .of the .fouuder.- It could not ,be his de sign, because at the time he founded it Unitarian ism Was. illegal,' and no public place of worship on that system could exist. It was still illegal, because the . -recent act only removed the penalties attached to the profession of that opinion, but did no more. Mr. Stewart had, it seemed, changed his opinions and become a Trinitarian ; and surely this was - so far well, considering that he thereby became more-consonant to the spirit of the founder. While the • act of the fonnder gave the trustees a power to elect the clergyman, 'it -was his Lord ship's duty tolletriaine whether it was ever in tended that by such a power being conferred on them, they thereby became entitled to any capricious power over any-person appointed to the living, for it had ever been the policy of that Court to- prevent the holder of any living, Ivhether schools or churches, 'from being depend ent on the people, as -it evidently followed, that unless a Clergyman was so situated, he became the.tool of his flock, and must in fact conform to whatever sy'sttni of truths they chose to pre sciihe to him. The trustees had chosen to engage this individual for .thrsee years' only. Now was this within their powei,s,l The trust-deed declared the incumbent should be for life, or at least while the' said inctorabent discharged his duties faith fully-, and conducted himself as a Moral character; that he had been •attentive to his duties, and was also a most; respectable individual as to morals, was pot:denied, but,yet.they say, that as he was ouly-tigaged for three : years, and as that time had expired, be ought to, resign. Allowing this for a mopent,,why, had the,otherside permitted him to preach_three months longer than his engagement? OF they thitaAcknowledged, that in engaging him for three ,years they had- done what they . had no Legal power. to (loots it.. was clear the founder had looked to, the,incumbent , having permanent pos session: or he never would have founded the liv ing... Mr. Shadmell.•, particularly argued that it was . Impossible for a moment to suppose the Cha pel had heen intended for Unitarians,,w hose prin ciples, •as, Lord Raymond had, justly observed, *track at the very vitals,of Christianity, and who, as he apprehended, had-no legal audio' ity to pro pagate their doctrines.—[The Learned Gentle man . here took a most luminous review of ,the doctrines of Christianity established at the Refor mation, and sanctioned. afterwards by many Acts of I'arliament.3—Besides, though the plaintiff. had been elected for three years., he had nevertheless, by acting three mouths longer, became the Cler gyman de facto of. that church. . The Loan CHANCELEDR- T —How many defend ants are there here, as I observe you should have trustees ? The SOLICITOR-GENERAL—My Lord, there are only six, and , Mr. hlaunder makes seven al- together. The LOAD CHANCELLOR—I apprehend the first thing this Court does is to take care that flue legal estate he filled up; and I remember a decision of the House of Lords front Scotland, where their Lordships declared, that a chapel built expressly for one purpose could not be converted to an other. SHAnwtu.-,-Then, my Lord, I need say no more . ; this decides my case in . my favour. The SOLICITOR-GENERAL (who for the ; first time addresSed this Court) said, he was instructed to oppose the motion for an Injunction, at the same time he was 'aware there had, bee n , too much irrelevant matter introduced on. this occa sion. He was clearly of opinion that the super intendence of this chapel was vested.in the , ma-• jority of trustees, and his clients therefore coo . - .stitutiog the majority, had just done astheyinul a .right to do, and he contended that the Court could not deprive them of their trust, unless it Was proved they were goilty, of violating that trnst. He lamented that the trust deed bad been drawn; up in so general terms, and expressed his, sincere' wish that it had particularized the doctrines which :were to be taught in the chapel, but he could nut see why these doctrines should now.be the subject of diScussjon before the Court. The conduet of i‘launder seemed to him. somewhat singular, and he must say that it was extremely unaccountable why that individual, who was appointed a trustee in 1782, and - had known that Unitarian doctrines were inculcated in the chapel, should now for the first time come for Ward in 1817, to declare his aversion to these doctrines. As he unquestiona-; bly'knew the s e doctrines were taught, why had he not SOtner . c6ine filaatirly forward te, i'vd‘V dissent froth them, and his conviction that they were. contrary to what the founder designed ? Much hAd been said by his Learned Friend; Mr. Shadwell, respecting the danger arising from siich doctrines, but he lit'6ught the onus probandi of such a charge lay on the plaintiffs, who were surely hound to make good their cause. He contended that there was no question st all before the Court resptcting the nature of the doctrines, and all that wa, insisted for Was, that the defendants had a right to do as they had done in virtue of the trust deed. The LoRD tyAllt to know, Mr. Solicitor-General, does his farnon's deed Say one word about the election of the'Mittiliter or Clcrgy tnan The SouctTost-GstlEkA-1 believe, not, my Lord. LORD CH*NCELL6R Ah thht, however, is very important to thequebOsn, for allow me to say, that, 'nothing can be more tniportant than this, \V 'in this COUit h' ye ninny. rases about , popular calls to livings, an Om about trustees ; but I have , always ,thOught and held, tit I do in this case, thaewhere the constitution of a trust is darkly expessed,yon can only learn it from what has been the uniform, usage in electing' perions Clergyinen, or. Trustees under that trust. It is.riot froM the practice Of a day, but from uni -km m usage yon•can learn this. Mr. BENYOM and A . ff. VHILLIMOWE, on the same side, contended, that though Sir S. Ro ►nilly and the other Counsel bad argued that the living was to be held " tamdiu se bene gesserit," still it was obvious that the agreement was bind ing on all parties, and tl►at by the charter Mr. Maunder could not• act as a trustee, having va cated his trust by long ;absence. It was import ant this question should be settled, to prevent fur ther contests. The Loan CITANCELLOR—I never heard it be fore said in this Court, that the contests of parties in a cause of this kind; was a cause why expedi tion should he used in giving a decision. Sir S. RUM ILLY made a most ingenious reply, and at considerable length entered into the met its. of the case, Ile contended, no benefit could result to the congregation from the ejectment ; that the charges against Mr. Alaundee were unfounded, he having never left Wolverhampton ; and that in a question of this kind it was morally impos sible the doctrines of the party should not he dis cussed, lie was, clearly of opinion, that if a sum of money was left for the purpose of propagating Unitarian doctrines this Court would not sanction it, though at the sante time he was proud to wit ness that liberality of sentiment which at present pervaded the country, and by which the Jew and Christian were equally protected in worshipping the Deity according to the dictates of conscience, " none daring to make them afraid." This was just as it should be, and would, he trusted, for ever be the case in this country,--as he had yet to leas n why , men should he prohibited froM offer ing that homage to the ,Deity which au enlight ened heart and understanding dictated.. But in the case he'lsad put, be was sure no Court would ever sanction such a grant. •He left Isis cause in his Lordship's hands with full confidence of its meeting that impartial attention and just decision which his-Lordship always gave to every case. VIC LORD CHANdELLOR—This case involved so many points of importance to the Dissenting in terest, and to the public, independent of its im portance to the parties, that he should not feel himself. justified in deciding it at present.. lie undetstood the law of William 111.. as respected the Unitarians, and the Scottish laws also, had been repealed. If he was not mistaken, death was the punishment attached to the violation of these laws. _ Sir S: ROMILLY—Yes, my Lord, for in the time of King William, one man w•as tried and executed. LORD CUANCELLO#—IIe was glad they were repealed, .awl that a Bill also bad passed for the same purp9se, relative to Ireland, last week. He deeply lamented religious disputes, as they had always been found to he the most inveterate, and the most diflicultof being reconciled. After stating a few general observations on the law of the case, his Lordship, said he should certainly take home the Bill and Answer, and read them over carefully. If deeds were drawn too loosely, andin too gene ral terms, he could only say that the blame solely attached to those who drew them. On Thursday be should give his judgment in this case, which was one of the deepest importance. COURT OF KING'S BENCH, JULY 14. Sit/logs at Guildhall, London. TOMBLING versus THORNEY. This was an action to recover a compensation in damages for slander tittered against the plain tiff in his trade. The declaration stated, that the plaintiff had a Contract with the - Commissioners of Sewers for making a new sewer at Somer's Town, by which he expected great profits ; that the de fendant said of him "the brick-field was froze up," meaning thereby that he was insolvent, and could not obtain any more credit from the proptictors or owners of the brick-field. Lord ELLENBOROUGH at first was inclined to hold that the action could not he maintained, as the words were nonsense, or at least by no strain. ed interpretation could mean what the inuendo imported. Two of the Jury however stated, that the words had a determinate meaning in the build ing line; " Frozen up," meant at a stand for want of credit. A witness was called to prove the words, but not prtiving them as laid, the plaintiff was uon•suited. COURT OF COMMON PLEAS, JULY 14. "Sittings before 'Mr. Juitice DALLAS at Guildhall. BELL. V.DONAY9IV, This action was brought against, the Capl4in of the Crocus PaelCet, under the fp,lhiwing circum stances had receiied,tweilty gnineai from • the plaintiff for his conveyance to Gibraltar. On the arrival of the Crocus in the boWns, the pas sengers, twelve in number, went on shore at their: own expellee, and put up at the Royal Exchange Inn, at Deal, They had agreed to come on : board whin the Captain made a signal for sail ing. 3n consequence of seine disagreemenewhife' they were on shore, on the subject of the time rot- the Captain tolil one or the passengers that th y were a queer set, and if the wind came round he would leave them On shore. About half-past one on the night of the Gth of ..Tannaiy the Captain hoisted two lights as a signal td the passengers to come on bnaiti . Within date Outlets of an hour after, being all collect ed, they went off in a boat to join the vessel, bat they found her 'tinier way. They pursued her as Ear as Folkstone Harbour, and finding it impos sible to get op With her went on shOi.e. The plaintiff - I hiss lett behind Was obliged to go to Lon don and get another passage, and he sou t ilit, in this instance, a compensation in damages for loss and incnnVettience occasioned by the defendant's breach of contract. The 3ory found a verdict for the plaintiff—Da mages 701. POLICE INTELLIGENCE. MARLBOROUGH-STREET. / - 1 : 01tSE CHAUNTING.—John Pywell, a than of dashing appearance, was charged with fraud, in obtaining money at that which is technically 'termed horse Mounting, that is, in other words, making up horses for sale, which are not worth one tooter of the value they seem to be. The prosecutor, Mr. Gimlets, a Gentleman of fortune, residing at Kingston Villa, was attracted by an adverefsement in a Morning Paper, by what he conceived a bargain, and he repaired to the given address, where horses were to be . sold, the pro perty of a Gentleman going abroad. On the sth of July the prosecutor purchased three horses for 1501. and a man of the name of Jones appeared as the owner of them, who stated that they belong ed to a deceased Captain Lovett, of the 50th re giment, who died an insolvent, from the wounds he received at the battle of Toulouseo. Jones gave the pedigree of .the horse Noble, as bein,; one of Steady, out of the Waxy filly. The prosecutor 'gave 101. earnest money, and having purchased the horses, agreed to pay the remainder on the followiog Monday ; but on his going to the stables, a Lady, who was represented as Mrs. Jones, stated that the horses had been removed. The horses were found at Chandler's, the Red Lion Livery-stables, Gray's Inn-lane, as_ the prosecutor thought ; but when his groom went there,. he found a stal lion only, a part of the purchase. The stable was stated to have been taken by Mr. Tapley, a horse-dealer, and the horses were stated to be long to :he prisoner. Mr. Gorden, previous to this, had paid 1121. for the horses, and then his servant was informed that Mr. Jones, in riding one of the horses out, had got a nail in his foot. The prosecutor was satisfied with his apparent .bargain on inspecting the horse. Without enter iog into a mass of evidence, it turned out that one of the horses was sold to a Lady, and Char ters, the servant of the prosecutor, proved, that the horses had been removed front the Black Lion, Water-lane. The principal fact to prove a con nection between the prisoner and Jones, was that he was privy to the removal of the horses by his hand-writing to the livery stable keeper, He for= bore to enter into further particulars at present. Jones, agains! whom the evidence chiefly applied on this day, is in a lock-up-house for dent. The prisoner %vas taken off the coach by Thomas Foy, returning trout Woburn Fair. There were other charges of a similar nature, which were not enter ed into. A Col. M`Lochlin had a charge to make on the next occasion, as.had also Miss.Naughten, who bought the chesnut mare, The prisoner tvas remanded until next Thursday. HATTON-GARDEN. MORE or LORD ERSKINE'S BROoNlS.—Matthew Mason appeared yesterday to answer a summons issued against him under the Hawkers' and Ped lars' Law, 50 Geo,. 111. chap. 41. Mr. HARNETT, the Solicitor for the prosecution, stated, that the present information was filed at the instance of Charles Cook, one of the Inspectors of Hawkers' Licenses, against the present nominal defendant Matthew Mason, for earring to sell, and exposing for sale, birch brooms, without having obtained a license, as required by the statute, and the facts of the case he world prove to be as follows : that the brooms in question were manufactured upon the estate of Lord Erskine by his workmen and servants, and afterwards by his Lordship or his Steward, sold by wholesale to Mr. David Mason, one of his Lordship's wholesale broom merchants, who, by himself and his servants, hawked them in carts about the streets of this large metropolis ; some he sold to his customers, and others to any casual passenger milling to purchase. The Defendant was attended by his Solicitor, who said he would, on the part of his client, prove that the Defendant was not hawking the brooms, but was delivering them to a prior order. But inas much as he was not then prepared with sufficient evidence to prove that fact, he requested the Ma gistrates to postpone the hearing to another day, when lie would' come prepared to give a full an swer to the present information ; and the Solici tor for the prosecution consenting to this request, the case was ordered to stand over for another day. BOW-STREET. Yesterday morning, bettveen two and three o'clock, Gordon Honse Academy, at Kentish Town, was discovered to have been broke open, and robbed of a great quantity of linen, plate, and other property. t wo m en were taken i nto custody in the course of the day, with some of the property upon them, and were committed for re-examination. Coici's annual Sheep-shearing, at Holk ham, commenced yesterday se'nnight, and con tinued the tuna following days. The number of Noblemen, Farmers, Graziers, Mawufacturers, ‘Vooktaplers, &c. present, mas greater titan on any former year. Amongst the distinguished guests werethe Duke of Norfolk, Earl of Albe marle, Earl of Thanet, Earl Of Bradford, Lord Lyndocb, Lori! W. Bentinck, and Lord Nugent. Alter the business of each day, the numerous' visitants were superbly entertained. In the sta. toe-gallery saloon, and the adjoining rooms of ,this hospitable mansion'nearly four hundred per sons, at least, partook daily of the tatiimal festi vities of HolkhatnAlall. The Dnke of Bedford was absent in' consequence of his Duchess's con fine:neut. LONDON :FIARKET3. PRlcic OF 131 . 1,E.11.) THN' WEIGH. The highest price of the bet Wheatien Bread thititiztimit the Metropolis is statea by the Batie . rs to he Is. Girl. :the Quat' Loaf.--Schne Bakers fen the Utlartetn Ltig from one . penny to three-pence lower. ox. recti Loif to .. 17 4 atiiiieiti Loaf tocireigli 4 . 7 1( Hiaf ditto ititto 11 tialf Quartimi ditto .. 2 41 SEEDS: . . Red CicA•er (Foreign) Dittis Ent;liAh . • 6os —s to 100 s Whiteditto Gus --s to 1121 . Itye-Urass ?Os —. to 42s per qr. Tunny, %%line .. • • l6s Od to , rBs Od per !instil. fled and Creel! -.. • 26s Od to 9.ts On wllite Mostard Seed 6s Os to 9s 0.1 Brown ditto Carraway Seeds - • Cinque Ftint 253 (Id to 40s otl per qr. Coriander do. Trefoil Ribgrass ... • • - 20s —s tu 52s • Canary (new) • 42s —s to 50s Od per qt. Ditto (old) .. Linseed Oil Cake at the Mill, le. Its. per thousand: Rape Cake 91. Os. to 104. Os. UXB RI DOE. Corn-inspector's Return.—Thotsday, July 10. . I Wheat per ld. 181 lOs to 341 lOs B e aus • 4O, Q d t o Ge s M Barley, per. qr. 3tis Od to 48s Od Pease 4Bs Od to 50.4 OA Oats 24s Od to 46sOd Rye —s to --5 Cud PRICE 1) IF HOPS. Net'' Bags. Kent 121 Os to 161 Os Sussex l3l Os to 151 Os New Pockets. Kent 141 —I —s to 201 Oc Sussex 131 —s —1 Os to 19104 Essex .... 141 to 181 011 Fitrullam.. Cl las to 241 OS NEAVGATE AND LEADENI4ALL MARKETS. By the Carcase. Beef 3s od to 4s Oil I Veal :ls Oil to 4s Si Mutton .... 3s 4d to 4s ed. Pork 4s , Oil to 5s 04 Lamb, 3s 8(1 to 4.s Sd. ST. JAMES'S HAY MARKET, July Hay - 31 Os Od to 61 6s Od--Averaps, 41 Irts Od Y:timv Clover 3l o Od to 71 7S od--Average; Gl £s •34 WHITECHAPEI. HAY MARKET. Ho. 91 N od to 61 Os Od--lceratit, 51 105 ryi New ditto.. 51 5s 0(1 to 01 Os 0(1----Average, 01 Os Od Straw ll 18s od to 21 :>, Jel--"—Average, 21 2s Ott Clover 6l -Os 0(1 to 71 e..s Od-- , —,Verage, 61 lOs od PRICE OF LEATHER.. Ruth:, (A) to 56fis each —4'46.... per lb • 201 to 43a Ditto, 56 to 66lbs each • —4l to --(I Dressing Hides • 14d to 15,1 Fine Coach Hides • IG,I to 170 i Crop Hides, :35 to 40114 s fur cutting 'slit to I;4i* Ditto 4:5 to 50114 s Call:Skins.. :30 to 4011 n • - 15;1 to 1841 Ditto 5O to 701ns i:-2d to 21;ct Ditto 7O to 8011)s .. oed to iid Small Seals . tGreettlatul) -2641 to .2i,13 Large: 4litto ..... nAvi HOES. Best fielfers& SttOtg., per st. Ordinary .... Is 8d to 1 101 9.s 4tl to 2s Sd Niatiitt Call • . each .. 7 , Nliddllogs..;.c2s Cd to i.'s Qd Eng. Horse tis Od to Os Od ; SUEEP Polled —d ice Downs —d to —(1 SKINS. Shearlings Os 841 La OS r 1 Lambs 4.. PRICE OF 1 7 .1 T, stated hrt the Tall: Metiers•. St. 3ames's Market ..33 la tVliitcchapel Marhet Its per Stone of Slh. - 4s slated by the Butebrrs. St. James's Market ..3s (id Whitechapel Market as -id fis 2d Average i • tis Average S 9 id PRICES OF TALLOW, Town Tallow. 53s Oil —3 Od 1 Yellow Russia 5.1 g titi —s 0(.1 White ditto - -s —c Oil 1 Soap ditto.... .52s 6ti —s Ott !Jelling Stuff 42s 0.1 42s 61.1 Ditto Rough.. 283 Od 2;is Od SOAP, &c. per 1121':. Ye,How Soap fir,s 'Mottled 94 Curd 9ll Pal Ln Grates Good Dre55.._..... ... PRICE OF . CANDLES, front Tallow Chandler's Han. Price of Candles, per doz( n, lOs Od—Moulds, iis tid 6d Per dozes allowed for ready money. COAL MARKET, JULY 14. Ships at Market. Ships sold. Price. 4£3i Newcastle 2 Sunderland .( —s. Od. to'--s. ed. 1 Scotch Coal t ..,........305. bd. to —s. 04i.. At the late Meetinz of the Hereford Agricultu ral Society, at Leominster, T. A. KNIGHT, Esq.. in the Chair (in the absence of R. PRICB, ,Esq. President, who was detained on business in Lon don), the successful competitors for the premiums mere, Mr. Jethries, of the Grove, for the best yealling heifer ; Tench, of Bromfield, for the 2-year old ditto ; Mr. Smith, of Gatertop, for the best 3-year-old bull ; and Mr. Jefferies, of the Grove, for the best 3-year ol.lbullocks. The premiums for the yearling bull, and the sheep, were not awarded, BERTHS. . . On Sunday last,' in Ch rtes-strut, Berkeley-square, th• Eight. Hon. Lady Eliz:ihrth Smyth, of a daughter. - On the 7th init. at St. Omer, the Lady ( I/Lieutenant-Cis, lonel Doogias,79tl► Regiment, ut . SJII. . . .. On Friday; in Upper C;!;\ver-street, the Lady of T. B. Ba tArd, Esq. of a daughter. i+l.l It R I E D. On Thrirstlny, the tOth instant, in the Ch lr o t 4 'foam, hp his Grave the Ai eliliishop of 'Nam, Colonel Holmes, of the 3:1 Dra4 . 0 , 11 Guards. to .Teminia, eldest danglner of Sir f.geriottilrydg t s, Nj.p. of. Lee Priory, near Canterbury. On S.:tub - day last, in the 'l'ower Chap, }. wit uarn Esq. of Camberwell, to Caroline, fifth daughter R o b er t Porrett, of the Tower. Di ED. Wedneshy, at Cauiden Town, John Abraham', Es'l. in the ar of his site. On Ilse aotls tilt. in the Isle of Wight, Captain Satnt4 Grove, It. N. On the sth inst at the Royal Military College, Catherine, aged 21, daughter of Colima I.utier, the Li;:utewint-C.4o vernor. On Wednesday last, 'Plallt:C3 Augusta, eldest survivin'r, child of John Esq. il;t th e 7th at Gravesend, Nathaniel Gyles, Esq. in Watt) year of his age, one of till,. Majesty's Searchers of Itsc Cst,tunss at that port. On Sunday incrniuz. at Pitullco. after a few days illn,:z7S, Mrs. Guest, wife of Flel:ry Guest, Esq. LONDON: Printed by J. B. CARST.URS, of NO. 21; Great Ormond-street, Qttetn..sqllare; an l publishot by W. A.. B CRI I 'PS, of Nu. 7, South Molton-struet, at Tim Sum °nice, No. 112, Strand; yr heft: Adv,ltiwmcrits, Unitas, Letturi . , niuit,bc Addressed.