The British Press; or, Morning Literary Advertiser.
London, England, 1824-11-20 00:00:00

FAMILIES AND SERVANTS.

A Society, we learn, is about to be opened, under the
title of " The National Registry and 11-nevolent Institu-
tion," for the purpose of giving protection and relief to
Servants, and affording security to Families. The Society
proposes to register, at a sins!! charge, the names of ser-
vants, of both sexes, their character, &c. and to provide
th:m with respectable situations, care being taken neither
to recommend any individual until his character has been
inquired into, nor to refer persons to places of a disrepu-
table description. It is also intended to bestow temporary
pecuniary relief on poor servants of good character, as well
as medical advice and assistance to such deserving indivi-
duals in seasons of sickness •and distress. It is likewise
proposed to form, by wane of subscriptions, and an appro-
priation of a portion of the profits of the Institution, a
Charitable Fund, for the permanent maintenance and sup-
port of decayed servants, when, through age or infirmities,
they may become no longer capable of servitude. Another
part of the plan cf the Society is to prosecute servants re-
commended by it, who shall be guilty of offences in their
situations, and to protect persons of good character, so re-
commended, who shall be oppressed or defrauded. At pre-
sent, we believe, there exists no Institution in the Metro-
polit which afilirds permanent relief to poor servants in
their declining years, or temporary assistance to this class
of persons in times of sudden distress. It is doulitless
true that numbers of well-intentioned servants, who come
to London in the hope of obtaining employment, are either
reduced to the extremity of suffering, or driven into the
most abandoned courses, from the want of an Institution
to which they may safely apply for guidance and protec-
tion; and from the same cause, servants of good character,
whom circumstances hare thrown out of employment, are
too frequently induced, in times of temporary distress, to
have recourse to crime and prostitution for their immediate
support. It is also well known, that .nany abandoned
wretches in the metropolis make a profitable and disgust-
ing trade of inveigling young girls floin the country, and
leading them into the paths of prostitution. The present
institution promises to prosecute these persons, and, by
timely relief, to save poor females from becoming an easy
prey to the designing. We some time since mentioned in
our Paper, that the benevolent Mrs. Fry bad adopted, on
a limited scale, one branch of the plan of the new institu-
tion, that of relieving female se. -.ants, goveinessei, &c.
when destitute of cinployment, and of recommending de-
serving individuals to proper situations. from this sketch
of the objects of the contemplates' Society, there can be no
doubt that, if conducted in a vigilant and careful manner,
it cannot fail to be eminently useful to a large class of per-
sons, whose wants and interests bare hitherto been little
considered ; but unless its proce:slings should be so re-
gulated, it will, of course, be productive of but very par-
tial benefit. We copy the following passages 'loin the
prospectus of thin Institution :
" The business of the Metre-Tolima Police Offices continually
furnish instances of robberies committed by servants on their em-
ployers; and it nlmost invariably appears, on examination, that
such servants were introduced into their situations by means of
fictitious characters, or at the mete recommendation of register
offices.

" It le perhaps known but to few, that in several parts
of the metropolis there are houses kept by noted receivers of
stolen goods; and here the dishonest servant finds a sure and
easy opportunity to dispose of that Fropeny %Mich his situation
has enabled hint, with such facility, to purloin. It this been
ascertained that in these places domestic robberies arc con-
tinually planned, and the bony systematically divided. In
one of the-e houses at the west-efd of the town, a great number
of unprincipled servant, of both OCKC't regularly astemble ; and
it is well known that when one of this body lose* his situation
for dishonesty, or is prosecuted for his theft, he is sure of reeticir.g
support from his companions; whilst individuals who hare no
charaeten themselves, but whom it may be dettned advisaltle to
settle in titustions, r.re often furnished with fake recommentlstiot!r,
or borrow the • ritten characters of others who may not haver an
immediate use for them, and thus unworthy persons are frettnentlr
enabled to procure places of great trust and responsibility. it win
be the particular duty of the proposed Institution to keep • watchful
eye upon (and it is hard in a short time se destroy) these esta-
blishnients, by making a just example of their supporters."

The weather has, during the last few days, been very
stormy. On Saturday night, about eleven o'clock, the
wind blew a tremendous hurricane from the south-west.
Many of the inhabitants, recollecting the melancholy dis-
asters which, for several years past, bare attended storms
at this season, wee' seriously alarmed for their safety. and
arose from their beds and sought protection in the lower
apartments of their houses. Happily, however, the gale,
violent as it was, wail not, so far as we have heard, aceoin-
ponied by any disasters on land. Nor hare we heard of
any having taken place at sea ; although, from the violence
of the storm, it is too probable that we shall yet hear of
some. l.s ot night the wind blew almost as strong es on
Saturday night The long continuance of westerly winds
.
has detained a grcat number of vess-ls in port. The New
York packet-ship Meteor is among tin.—Lircrpoot
Curricr.

THE BRITISH PRESS.,

LAW IN7'FLI.IGE.VCE.

COURT OF CHANCERY, Faroax, Nov. 19.

The Court was again crowded to hear the continuation of the ar-
gument
IX TOE MATTER OF Tnr arr. ALEXANDER FLETCIIIER
♦XII OTOXR9.

Upon Mr. RAITITHV ri;ini; to address the Court in support of
the order,

The 'Ann CI! ANCE I.Lost—Whnt effect, as far as relates to
pecuniary matters, hat the suspension upon Mr. Fletcher? He
was anxious for intimuntion on this her!, as it was impossible for
him to restrain Air. Fletcher from preaching by an injunction.
Mr. Itetenner—That question neither is or intended to be
agitated.
The itoan Coesecreeon—My jurisdiction would only enable
me to direct the spplicetieu of the pruperty.
Mr. BAIT/IRV contented. He lamented sincerely that the ad-
vice given by his Lordship upon former omasions to Dissenters,
under circumstances similar to the present, and which was admitted
be all to be the effect of his kindness and good will
M individuals of the description to which he alluded, was not at-
tended to npon this oeeneion. The advice wase that the worst step
trey could take wet, to seek a jurisdictinn, which, If it was once
compelled to act, might be the means of causing measures more
productive of detriment to them than good, and it would be much
better for them to settle their disputes and difference's amongst
themselves. But in the present case the Court was forced to pro.
nounee upon what may be beneficial et detrimental to the purposes
of is deed of trust. The Court was hound to *ripply the trust, and
be felt he may be permitted to declare, as the ground of this ap.
plicetion, that if eir. Fletcher was permitted to preach, the trust
would be violated. By the original Act several persons had assn.
dated; and, under the existing trusteeship, they had declared the
chapel to have a ennnexion with the Synod of Scotland. These
persons agree to pay the salary of a preacher. and to procure various
other officers of the chapel out of the property. It was not by any
means to be admitted that all the property of the association was of
an eleemosynary nature, that it depended upon gifts and
voluntary contributions.' If it were of this description it would
not be in the power of the Court to act In the matter at ell.
If this were the truth of the ease it would be so much the better for
the opposite party ; but it could be proved they had certain stated
property; they had the pew.renta; these were as much subject to
trusteeship as the rents of house* and lands ; they were as corn-
Lardy subject to the jurisdid ion of that Court as were marriage
settlements, or any other trust. whatever. Upon this property the
Court could act; as to the salary of Mr. Fletcher, it was not the
property of the chapel, and whether he preached under a contract
for 51101. • vela tw not, was • muter perfectly in.materisl to the
case. As to the question which his berd.hep had asked, how the
Courts of Scotland would act if a aimiL,r case had taken place in
that country, he could give his Lordship no answer; he had no
precise information to communicate; he had no better information
on the subject than was t., be derived from the affidavits of the
most topectehle clergymen, and others, who were acquairted all
their lives with the rules and institutions of this church. This was
the only Information he had, and the Court would know how to
deal with it according to it. value. With respect to property, the
civil Courts of Scotland had precisely the same powers as his Lord.
ship, and were in the habit of exercising them but such a ques-
thin as this before the Court was never agitated in Scotland ; a
violation of such a trust, an act of contumacy or breach to the
Synod, were never known to have occurred in that country. It
was reserved for an English congregation to have such a bill as
this filed. It was left for dee congregation to declare, In the face
of heaven and of man. thct they know nothing of the Synod; that
they neither ore for nor value them; that they are perfectly
satisfied to suffer the Albion Chapel, with the tin box at the
bottom of its foundation, to shift For itself. There was not an in-
dividual in that Court more fully impressed than be with the sense
of the kindness exhibited upon all occasions by his Lordship, for
persons standing in the unfortunate situation of the opposite parties ;
and he felt justified in calling them unfortunate. Yesterday he
perceived very strong effusions of that kindness, which he, in com.
mon with all who knew his liernahip, were certain he possessed.
But it was not, he confessed, without some apprehension, that he
witnessed his Lordship's nod of merciful appmbation to the Learned
Gentlemen at the other side—far behind whom he admitted himself
to be, in knowledge, tslent, and experience but he was not behind
them in kindliness of feelings. Ir:flue:aced by a feeling of this kind-
ness', he had, upon his return to elisnthers, read the 'tepees, and he
found that the trustees, with Mr. Fletcher at their head, came for-
ward--not to render assistance—not to communicate information—
but to beard the Court. They do not cam if the injunction be
granted, they break faith with the Synod; they can afford to build
another chapel, and carry Mr. Fletcher with them. Surely the
Learned Gentlemen could make but • poor use of such feelings as
these. If, as his Lordship ohs vved, he did not see his way ; if it
were an act of a dangerous tendency to go opt of the deed where
the feelings of the majority of the subscribers were to be consulted.
he thought it right to call the attention of the Court to the state of
mind in which the majority was. lie called upon the Learned
Gentlemen—he defied them, with all their experience and dexte-
rity, to make any use whatever of the materials they had laid be.
fore the Court. He &lied them to produce • solitary instance of a
transaction such as this being decided upon by the law of Scotland.
So far, he and his friends stood in a peculiar situation before his
hardship a but the powers of the Courts of Scotland could not be
doubted, and this Court had, of course, e etincurrent jurisdiction
with them. With regard to the effect of the injunction upon Mr.
Fletcher, he did not see any particular effect arising front it. He
would suffer nothing beyond what was inflicted by the sentence of
the Synod. lie remained still a Minister of the Chapel.
The Loan CIIASCELLOR..—rite Scotch ease alluded to came
before the Lords on an interlocutory appeal. Tee ease was re-
viewed and brought bark again; it was finalle retied by compro-
mise; it did not lean on the present point ; it did not serve to show
what the powers of the Session Courts were on such occasions of trusts.
On account of the difference between the laws of England and
Scotland, they were enabled to file a bill, and make their appeal, for
the purpose of asking an opinion, but the question of powers pos-
sessed by the Court to enforce the decree was not touched upon.
The manager% perhaps found the matter unmanageable.
Mr. Ran-I/11Y. if his view of the question WAS correct, he was
not there to enforce an agreement between Mr. Fletcher and the
Synod, or between the parties altogether. He was there merely to
maintain the grounds of the trust, and protect the property. This
he was entitled to do by the law of England, and lie would by'
this law be entitle' to an injunction, for the purpose of prevesting
elr. Fletcher from doing an act, which, if he were permitted to do,
be would act in violation of that trust.
The Loan CRA ere re teen.—l'pon this principle you may apply'
for an injunction to prevent the mob from breaking your windows.
Mr. RAlTlllll"..—Whore was to be their remedy ? If they had
none trom his Lordship, they should go wheout one. li the synod
could not enforce their andiority by the ecclesiastical polity of the
Church cif Scotland—if they could not bind Mr. Fletcher by the
articles of the trust, to whom were they to apply but to his Lord-
ship
? It was only martial to consieer that the trust was damaged,
that the defendant was melee in leeach of it, and was consequently
acting sgeinet is interest; and, in his opinion, the Court was
as competent to interfere as it was competent to grant an in.
junction in the case of waste, against hint who laid a hatchet to
the root of a tree. lie was limit anxious to eeparate elr. Fletcher
from his character as preacher; it was only wished to prevent hint
from preaching in ale, particular chapel. If this mould no: be done.
any prerchee may do it -y forbidden Bet. It would not be a matter
Mr the Court to state that the Burgher Synod had no authority ; so
fur from it, that if eir. Fletcher wce.t en a journey, the right of ap-
pointiree a minister did not rest with the congregation; it devolved
upon the Freabyteey, and the place was filled up withoet their
consent. Could it not be filled up in ease of death without this
consent? In these cases the office was always intended to be filled
by the Syncel: and when a minister is o ispended, its he alone can
be by this body, he ie 'impended not from the office, but from the
ditites of minister. The silence of a Milliliter was therefore a minor
censiderution to the hag of public wonhip et to its interruption.
Suppisee the Serail' slid net approve of a minister forced upon them.
and refused to appoint one. Ile would not inquire how blameable
or culpable they may be; but ht would ask what the consequence
weeld be? elr. Fletcher was not new acting as minister. Into
the eerie of this he would not inquire. Ile merely alluded to it as
I an assigned breach of trust. lie would merely state that he was
eceitsed of being malrene in discourse. Ile was tried and found
guilty. lie mentioned these acts here because he wished to pre.
serve the integrity of the trust, to the observance of which he was
bound by Ites situation and the ditties of his office, which lie sup. li
posed the Reverend Gentleman would not wish to he told here or
elsewhere he had not faithfully dieehargiel. If he respected these
duties, he would fulfil the tenet under which he aced; and it re-
mained for him to call upon the Court to support the integrity of
the deed, which would fall to pieces and go to ruin if the Reverend
Gentleman were not restrained. If the trust does not stand, the
Albion Chapel cannot exist it cannot exist ...idiom its subjection
upon the Synod. There wits vo (Mule that Mr. Fletcher acted
against the trust. '!'hat Fart which lie debited was the corner.
stone of the tre• t. There was no difficulty. as far se he could see,
in the way ; and ho prayed the rule may be granted.
Air. StlArlir ELL, on tbe same side, was aware of the suite of
the property which WAS the subject of this 'melon. There was •
mertgager in possession, and the property was vested in twenty-
eight persons, and If it was found that them persons bail a inlet
executed le tee property, they would of course be obliged to per.
form the conditions, This was a question connected with the pro.
perty, utterly indeperelent of that whether Mr. Fletcher himself
gas hound; if the en trustees were bound to the execution of the
trust his object would be attained. These co-trustees were in po s.
eesstoh of the chepel; this gave them a legal claim against alt the
world. except the mortgagee. Suppose this to be, as it was, the
caw, and that you, for the purpose of preventing mischief, direct
ens individual by name to be forbidden entrance, would it not be
• breech of the dent if these persons did not deny him access to
the pulpit 2 It wr,s not necessary that an individual should be for.
bidden by name; it would et sufficient to counte him with others,
and Ite therefore shunt(' not be admitted. lie spprehended that
Mr. Fletcher was in this situation, and therefore the co-trustees
were authorised and required not to admit ‘him. Ily • clause in the
deed, the chapel was assigned to twenty-eight trustees, subject to
the purposes of the Association. It was also :object to the rule
and government of the Associated Burgher Synod. This was the
general truss which mit through the deed ; no power could be me&
deed inconsistent with this "rejection. This clause applies to the
permission originally given to a preacher. This person, when
chosen, MK not excluded by this clause but for • limited time. eed
for some moral ittenpacity t ought not, therefore, this person to yield,
if he respected the rules which restricted him from preaching P
Mr. Fletcher admits he heard the sentence, with (he adds) surprise
and regret. Ile (Mr. Sind weli) was glad to find he heard It with
regrets how he hefted it as eh surprise was another question. There
was, he 10101 i an °ejection to the filing of this bill; it was said

to be filed for a particular purpose, and the Court should not inter-
fere for a partlenlar purpose in the first instance.
The LORD Coaxes:Etna—Mr. Fletcher was not, he says,
suspended for error in doctrine, or nialvenie conversation he watt
suspended for breach of promise of marriage.
Mr. II TIT I Y—The application was not made on the ground of
the suspension.
The Loan ANC r T.T.n R f the application he not made on
this subject, you are out of Court.
Mr. RATTIIRT—Then, if the comae be nut of Court. it if An con.
sequence of the imperfection of a document —the sentence cf sus-
pension—the effects of which are acknowledged by all parties.
Mr. SD ADW CI. L—The question is not whether an opportunity
of lining justice be lost, but whether enough has not appeared to
furnish the Court with grounds for its interference with respect to
the suspension. The circum*tanres are as follow:—(Here the
Learned Gentleman read the correspondence between Mr. Fletcher
and the Synod on the subject : hr also read certain resolutions of
that body.) l/pon the 19:11 July .Ilr. Fletcher made an appeal to
the Synod. They reply to his protest on the 7th September. lie
is charged with irregulmiti,s; they consider his protest, and trans.
mit his answer to the Associated Synod ; and on the 9th of Se
umber he is dole summoned to attend the rest meeting of the
' United Synod, and answer the chimes made agaiost him. Upon the
15th of September, the United Synod found the charges proved—
declared him guilty—that he was liable to censure, and should be
suspended until the next meeting of the Synod.
The LORD 1211ANC%I.LOR--Suppose that assertion not to be
proved ?
Mr. So atm Lt.—The fact is admitted by his own answer. Ile
declares that the congregation do attend the chapel, and do not
think ; im unworthy of his office; and he is not unpopular in the
'lmpel. But this is not the question; the question is, whether he
be guilty of malverse conversation.
'1 he Lest° CII•NC L LOR —What is this malverse conversation?
Mr. Stfaosekta. —lt shall be known from his own affidavit.
The discussion need not now be suppressed ; it was known to all
the *odd. Mr. Fletcher states, that he was informed, thaf on the
lbth of September, at Edinburgh, the Associated Synod held a
meeting, and in his ainente pmeesded to discuss the Mitten al-
leged against him, of his being guilty of a breach of promise of
marriage to a young lady of the name of Dick, whose father was
one of the Synod ; fur which an action was brought against bim
in the (.'ours of Court of King's Bench, but previous to the trial
it Was withdrawn. It was clear, the Learned Gentleman said, that
Mr. Fletcher acknowledged the impropriety of his former conduct,
but seemed to suppose that his st:Jsequent conduct served as the
&blotto, of his offence. And lie seetna to acknowledge to the
Synod, that to a rertiin tine lie has been wrong.
The Loan Citmettf.t.on-31r. Fletcher merely states, that
the father of the young lady is one of the Synod ; and when the
action in the Court of King's Bench was called on no person
appeared.
Mr. Sturm-icy' —The result will, he wax sure, cause astonish-
ment. Ile was suspended front his duty till the next meeting of
the Synod ; and a rota of Ministers was appointed by the Synod.
Ile then made an affidavit upon the subject, which is neither a de-
nial or admission of the rffitir alleged against him; it is coupled
and coloured with ineinuations, partly denying the fact, and i :rely
justifying the part acted by the accused. There was no manly,
honest denial. His statement was sufficient to authorise the sent
tenet of the Synod : it was not contradicted by the statement of
Mr. Fletcher. Ile lucid in hii hands paper, which he would read.
The production of this document was objected to.
The LORD CII•WCILLOR—Toucan say generally what the,
paper is.
The Soricyroa.Gtweitax—Ff the Learned Gentleman say
the existence of the sentence has no right to be admitted at pre-
sent. let the motion stand Over until to-morrow, when it shall be
verified.

Mr. SllADWEri._fie had not yet read the paper; he was un-
acquainted with its contents; he had produced it as evidence, but
as it was admitted he would mention the contents. The Learned
Gentleman read an affidavit, stating, that this paper was a certified
extract of the minutes of the proceedings of the Synod against the
Reverend Alexander Fletcher, of which the Reverend James !lay
was Moderator. The enclosed was the hand-writing of the said
James Ray. The writing of the Clerk of the Synod was also ve-
rified. The Associated Synod met at EdMburgh, and received the
protest of the Reverend A. Fletcher against the Presbytery of
London. There was also a reference to the Synod, complaining of
the proceeding of Mr. Fletcher; also a reference from the Elders,
against him, for dispensing the 1. end's Supper. W' -n these
charges were made Mr. Fletcher announced that he would not ap-
pear. Ile required that a Committee should be appointed, and that
he should be allowed time for his defence. There wu also read to
the Synod, a statement front l)r. Dick, and an account of his pro.
coatings at the Chapel • there wax also an answer to his protest
from the Committee of" London; also complaints from all the
Elders, except one : a statement was also made to the Synod, in
the nature of a complaint, that Mr. Fletcher called a meeting of
the seat holders, and those who contributed to the expenses of the
Chapel. without the consent of :he Elden; there were also counter
petitions from 263 fr-quenters of Albion Chapel; from S6O seat
holders—these pray in the same words that the Synod will re.
consider the matter, that Mr. Fletcher may be admitted to the
Chapel. The Synod answer that he has not given any satisfactory
reason for his absence, and that, consequently, they must proceed
to sentence without delay. There was no allusion made to the
truth or falsehood of the allegations. The Synodluid rimpliciter
they should proceed to sentence. They did proceed to judgment,
and held his offence to be proved by his conduct and letters to Miss
Dick; that this was aggravated by liisduplicity,and the calumnious
reports he had circulated about the young lady's family and others
who had interested themselves for her ; that he had also adrninis.
tun' the I.ord's Supper improperly: for these matters he was
liable to censure, and after long reasoning he was removed from his
office, and from Christian fellowehip, until the next meeting was
summoned, and he should then appear, to be dealt with according to
Church discipline; and the Rev. John Lord was appointed to
perform his duties on the next Sabbath after the suspension.
]'his document, the Learned Gentleman insisted, constituted a
sufficient g7ound for the motion. !le was not called upon to justify
the proceedings of the Synod, neither was he bound to say the
sentence was right, as importing 3lr. Fletcher guilty of malverse
conversatioa. l'hough the sentence said he was guilty, he would
not say so: it was sufficient that Sir. Fletcher had bound himself
to a certain judicature, and be should submit to his sentence. Even
though the entire was founded upon nuistake, he should still sub-
mi . Will hie Lordship then allow Mr. Fletcher possession of the
puipit until next April, when hr his interference he is only refused
this access for the purpose of fulfilling the trust ? lie knew it was
said that an order could not be granted against Mr. Fletcher—that
he was merely one of thoee appointed to fulfil the duties of a Mi-
nister. Ile was ready eimpli iter to admit that Mr. Fletcher had
acquired a qualified right to, and possessioo of, the Chapel, for
these purposes. Ile was ready also to admit that he could not
produce a case in which an injunction was granted for such a
purpose; it would be sufficient for him to chew a case in which
the principle had been adopted and acknowledged ; it was de.
cided in the case of the Attorney-General and Pearson, that the
majority could not destroy a deed of trust.
The LOWDCH•NCtLLOR—It. an application was properly made
to this Court, none of the trust property could be meddled
with ; you should go to the King's Ikmch with your personal com-
plaint: find a single instance in which an injunction has been
granted under similar circumstances, _ _

SeanwcLL—Suppu__e
the 1:gal estate was vested in Mr.
Fletcher, on trust to provide a preacher, and if the legal estate were
assigned to him according to the rules of such assignments, that
legal estate would give him the possession of the pulpit, and this
limited and partial twissession of the legal estate would give him
as much a right as if he had the whole. lie, as a trustee, exercised
this limited right—possessed the same jurisdiction as if the whole
were vestal in hint. There was no substantial difference whether
the individual possessed the whole or part, and if Mr. Fletcher was
the sole tru►tee, would he not be stripped of his trusteeship for
breach of trust? ‘Vliy. therefore, he would ask, should not an in.
junction be granted against Mr. Fletcher, trustee in part, even
though the f'ourt never Kr anted such an injunction ?
The Loon CnA,:cr I.Lon—Are the members of the congTega.
tion bound by the trust?

Mr. SIIADIVE LT—The Minister is bound by the henefieial in-
terest accruing to hint from the use of the pu:mt during the term.
hut not mare than the other trustees; he must certainly be treated
like the other trustees, in compliance with the temisof the deed,
and subject to the jurisdiction of the Court. If you irterfere with
a person holding the entire interest, why not with him who holds a
part? There was no such distinction to be made ; it would be suffi.
cent to justify the order made thr the suspension, by an order
from the Court, to give effect to such a portion of the deed as made
out Fletcher a trustee, ti der the indenture. It was a medter of
perfect indißrenee ..vlieVier the sentence was right or wrong. if
that part of the deed was complied with. Ile was ready to admit
that the Synod hod rot the power of appointing the original
:Minister witliont the consent of the congregation, but he main-
tained they tniubi appoint the intervening Ministers without such
consent. Ile did not admit that because his Lordship could not'
make, as was imagined, a personal order against Mr. Fletcher, that
theretitre the cane was out of ('curt. Ills Lordship, perhaps,
thought he could not issue a personal order. so as to mate a breach
of it a contempt ; hut he eotahl make it against the others, and thus
give it act indirect effort against Mr. Fletcher. The Lord Chancellor
had a jurisdiction ever all the other trustees Ile could issue his
order. that they did not see the trust violated, and thus this order
would be made indirectly against Ile. Fletcher. As to the ques.
tion, whether the Court was authorised to grant the injunction
against the trustees, collectively or individually, All injunction may
be granted against the third r.l of them. They elect a preacher ;
he appeirs and Sets according to appointment; money is received
at the doors ; it is the sante question whether by the order of
Fletcher or the whet. trustees. The doctrine in this case was not
carried as far as that in the eipe of the Attorney-General and
Pearson.—( lie here repeated the ease which was quoted yesterday,
upon the same siile.)—:ltere inquiry was granted—here there was
no ground for discussion ; the chapel deed explained cll. The
rule which was recessary in the o:her mse was not requisite here.
The Court would apply here the principle on which it acted at the
cnmmeneemen• of the 'l.ffnl. in the case of the Alliance Company,
when his Lordship declared that nine hundred anti ninety-nine ills-
canting voices would not suffice against the remaining trustee, who
wished to adhere to, and eaery into etEret, the terms of the original
trust. Here is precisely a similar trust—give it erect. Tn is thapil
less been built tor the purpose oh' religious worship, and subjected
to the rule of the asrocinted congregation. It is just such a case as
is before the ('Dort. An tfiltrt is treacle by the Minister to break
through the obligations of the trust : and sixteen of the ertisteey
whose duty it was to support, endeavoured to support him en the
effitrt.

31r. Sw viric followed on de same stile.
!.jr. II Alt T lOW. he appeared for the mires generally. scanel•
at all for 31r. lictchcr, who had nay little or DO concern in tbe

transaction before the Court. (The Learned Gentlemen. spoke es
so low is tone that we did not hear him.) As we untleretood,
said that Mr. Fletcher's name was principally introduced for Cie
purpose of filling paragraphs in newspapers, &c. without any r -
gard to that gentleman's feelings. The defence of the sentence apt
peered to him strange, namely, that it should stand, on account
of its cruelty and injustice. If such a sentence hatl been passed at
,Morocco or Algiers, he thought this defence would net be used:
bet in a Christien Court he had never heanl any eel ter. It wee
of Vital importance that them rho take upon them to err, %Louih
learn, there was never a period, in the course of his long practic-,
in which there ens a greater necessity of giving* lesson to that pr-
culler species of jurisdiction which was gradually extending heel,.
step by step, throughout the entire ettentyy. until it sought to
reach the affairs of that eungregatien e tech was the subject cif this
discussion. The system of interlocutory dee:et:leo which he ale
bided was continually retorted to. He may with safety deelere, Mae
io many cases precedents were misquoted—they Wine now and thaws
minced. These matters he thought it fit to state, and he woad
now proceed to lay before the Court the real rotation, and the
emend responsibility of his clients, the nature of the institution,
and the !egsl existence of the property, and whether it could be
acted upon the principle racial in private tens's. In the yew
181'1, certain persons intended to build a chapel for divine war-
ship ; they formed a meeting for the purpose of divine crevice
and heeriail moral doctrines; they purchased hoe, acid es this
purpose borrowed money ; the Corporation of London demised
the land at Amy guineas and a peppercorn ; the trustee was
personally reaprmsible foe the rent. This was the first covenant.
and was the foundation of all the ceps. For the purpose of
building they borrowed 2,5001. from a ele.„Cullen, and they ms
hint as security for this sum an improved gr=it-rent of :TOLga for
a term (which would secure him) Iris than eat original term front
the Corporation, by, the space of two (lays. There was then a
redetnise from the same trustee, and then his clients entered into
the covenants of the erpstee, and bound themselves to pay the rent
to the Corporation of London, to insure front fire, to improve.
build, &e. This was not, his bore...hip would perceive, the case of
a charitable institution • every thing in this case was taker., by co-
tenant ; his clients alio .took other steps ; they borrowed 13001.
which they pied. The lender took it gradating r this money was
for the *chapel funds, end other purposes. They also entered into
ether cerement,: and agreed during their term to de:Marge
all taxes, assessments, dcc. The original covenant was me&
to the C.orenration of London, without qualification it was
then continued to Cullen without qualification. This wait
the state of this property by the record ; and. now mimeos, an
effort is made to restrain Mr. Fletcher from preaching, and that the
congregation follow, this Gentleman, what le '.o he the conse-
quence ? It has been said thee the accidence who come hem
Scotland, tome without wealth or property. They obtain their re-
ward by attending at, and perform rag the duties of the
and under the circumstances which Ile mentioned, where w=
the funds ? What could the trustees my to Mr. Hewn to whom the
record Mews they are indebted ? They would be depared of the bane-
flcial interest in the chapel, as the congregation hail all followed theie
favourite pastor. Ili* clients mold not pay the covenants to which
they were bound. It may be said that he was pleading for the in-
terest of Haim, and that he was rot in this bill; this was true, fur
Hearn was advised not to appear: therefore, this individual was
connected with this property, would it not be unjitet to make an
order without the knowledge of Hearn, whew property would be
so seriously affected by the injunction? As a proof of his :assertions,
he would refer to the the.-ds. The Learned Gentlemse then re-.
ferred to folio 0, in which the right of property was declared; it
was called a Charitable Institution ; the lease was not made to the
use of the parties themselves, but as trustees on behalf of tee Aim.
elated Congregation. There was nothing whatever of the Synod ;
but in an anterior clause it was said, that the chapel was boat by
a person named .11Ien, and by the trustees, at their own peeper cost,
and with their own money. It was not identified in any manner
with the Anti-Burgher Synod; there wee merely a description even
of the property. There was a question how fur the rules of the
Saynoe of Scotland were applicable to person! residing in London
The chapel could not be considered as a charitable institution ; tc
I was merely a religious foundation. The principle of a clisritable
institution was indestructibility; it should have an exigence of
which it could not .be divested ; this should be the eerie she-
titer the property was acquired by gift, by will, or ky der';
however acquired, it should be permanent, and intended for
public purposes. With regard to the chapel before the Court,
it could not be called a charitable institution ; it. could to
sold by the deed, and it would irretrievably, if there was a
disability for the space of three months to pay the charges. lc
may then be sold to the host purchaser, when those who were in
advance could shew the circumstance. Suppose. for a moment,
that the pews were not let, owing ID the accident of an unpopular
preacher, the trustees would put it to market to protect themselves;
they were authorised to sell it by contrite. Suppose that these
things did occur, and the parties took the lease to market to sell.
could his Majesty's Attorney-General come into Court and ask
for an injunction to restrain the sale of this private property ?
Thus it was declared in the decd, the trustees were mahortsal to sell
It. and the sale would be good and valid. The deed then states
how notices are to be placal on the external doors, and laws were
to be enacted by the consent of the majority, and the surplus of
money was to be at the disposal of those who rented the pews, and
contnbuted to the expenses of the chapel. The clause that
the majority was to dispose of the surplus, Mewed that the
Burgher Synod was only a save-all to throw the surplus into, in
case the congregation dispersed ; if a schism took place, or some
were declared orthodox and others not. There were also reguirtions
respecting the Sabbath, and so far from the chapel being in a state
of subordinatwn to the Synod of Scotland, it was quite inde-
pendent of it. As to the Minister, he was appointed by the mei°.
my of the congregation. The Synod had not power to appoint one
I disagreeable to them ; but here it was said, was the peculiarity of
the case, that though the Synod bad no power to appoint. they
mey suspend him who was originally selected ? If the synod can
suspend ter six mouths and appoint their own Minister in his place,
why notsuspend him for twelve months, or for any indefinite period if
('an the Synod be allowed to neutralize the ecesent of the majority
by their ad inter ill, appointments ? As to the judgment alluded to.
he was sure the Lord Chancellor would not give it an atom of credit
when called into operation against property. (The Learned Gen-
tleman read the protest of Mr. Fletcher, the references, and all the
' proceedinese The accused asked the Synod to place upon their
records their reasons and motives ; this was one inculpation against
him. The Learned Gentleman maintained this to be a most atro-
cious act of injustice. The document reiied on by the opposite
party was, his petition to the Synod, praying for six months time
to make his appeamnce. Surely, if it eo happened that a Minister
was in America or elsewhere, he could not be revered to appear
personally.
The LORD CHASM!' I.LOR—TheTe is no evidence whatever to
shew whet the rules and institutions of the Synod arr.
Mr II ea T— Not the least. The next charge was, that llleFletch et!
called a meeting of the pew-holders and others, without the consent
of the Synod. We all know the value and importance of charac-
ter, and a was a charge against the Rev. Gentleman, that he appealed
to those who knew the innocence of his life and the purity of
his doctrines. This is a charge—this is an inculpation. 1 t was
also to be remenibered, tent the Synod were at once pieta,' and
judges. There were also the petitions of two hundred and piety-
five members, who prayed for the dismissal of the affair. Three-
hundred and sixty seat holders petitioned that the Synod would it
satisfied. There was another from the Elders, Feet,. (e. of
the congregation, to the sante effect. The reply of the Sett rel wee, the:.
Mr. Fletcher had not given a estisfactore reason for his absence. acd
they should proceed to judgment without delay ; and it was
upon a garbled sentence such its this. that his Lordship was called
upon to ground his decree. Why did the Synod expose Miss Dick,
who had brought an action against el r. Fletcher for an nr.performel
promise ? The action was of a double nature—it went to the
character, and it sought for pecuniary damages; why did not the
Synod inscribe upon their records. thet Dr. Dick did brig the
action against hint in the Conrt of King's Bench, and that he
was obliged to give it up ? Dr. Dick said, you have done me
no injury, you have broken no promise ; I was merely afraid
a slur would be thrown on my daughter's rheractc.. Mr. Fletcher
replied, no imputation can by possibility be cast on the lady's
character; you do not want caniagrs, and I will pay your
costs; and yet it is in a case like tilts the Court is called to
ground * judgment. The St nod also speke of age-my:aim: reheat
there were such judges to be found in the line, tie would not he
surprised if they rose in that Court, and made long nit-eche*. lie
had spoken of the aggravation of the sentence ; of the aggravation
of a sentence he hail never heard before. The result was, that after
long reasoning, they disnessed him from his duty and church tel-
lowship. until the next meeting. Phis is the judgment upon which
the Court is called upon to exercise the strong hand of power wan
which it was vested, and to issue its injunction, which will oreasioh
the serious loss of property. There was also another obiection
to the interference of this Court. It sheen,' act like the Civil Court
of Scotland on the occasion, which would not take cognisance of
the illat:te directly ; there should be an appeal from mime other
Court : it would not take cognizance of the matter without the
prejudgment of some other Civil Court. The sentence of sus.
pension against Alt. Fletcher had been general and universal.
Why then take a garbled and partial view of it? The Synod
say. ' We do not forbid him to preach elsewhere ; we only en-
join him not to
.preach in this chapel." His clients answer.
••• Our rights are involved in Mr. Fletcher's preaching tai Albion
Chapel. and we are deprived of the fruits of our labour if he be
not allowed ;" besides, if the Court issue a decree, it is bound to
enforce it, and then it follows that the Court of Chancery most
interfere foe the regulation of this chapel. Who are to pay the
costs of these proceedings? They are bored to say the trustees
shall not be damnified ; they hare not said so; they have made ISO
such eller.

The Lotto Citaxert.t.oa--Suppme a Minister made a pledge
to perform a certain d•itr, and violated it. bow could metro trust
be executed in this Court? How could it be made a spittral of.
tenet.? I know nothing of the statements; I hare not the rules
and institutints of the Burgher Synod.

Mr. Hoa SE, no the same side, raid, that his Learned Friends
oppiwite had avoided all discussion on an important part of the
41.4.., and in so doing they acted wisely.for they well knew it ~WE
break down. They were not only bound to satisfy the Cpert. bat
they were bound to chew they were in the •
tseandexactstass
de. cribed in their record. His friends had alluded to tbis, after
wine struggle, and were obliged to admit that their case, as it was
called on, was not such as it was described in the prayer of the
record. That record sought for a judicial declaration from the
Court. that the ['Muse Synod poseeastal the tame authority over this
chapel that it has over other united associations. If tbis judicial
declaration be eats e, what becomes of the declaration delivered in
the sentence of the Synod, but not placed on the face of the record,
that this Synod had equal authority over this as over all other as-
sociated rcnticrocations, He would not .peak lightly of the Synod;
he would speak of it a. he would of air foreign Court. Folvena
law was matter of fact ; and it should be dealt with as ad dl..

I

I

f 11,11411. la* was tp be the fOlihfittiOn of any decree or inteelocu-
CillkT the existence of that law would be solemnly investigated
wd eV; it liquid not be demonstrated by extractsfrom minutes.
Thin; true in the abstract; it was particularly so in the case be.
fel* lb. Cann t because the trustees were utterly unintelligible, ex.
eept *moth the orders and decrees of the foreign Synod. They
mow extent tbe•trust in a manner intelligible to Englishmen ;
ae moat make ourselves acquainted with this foreign court ; this
knowledge was most important in the case before the Court;
.t cannot be end *about creating dispute,' between the parties ;
the construction of the deed brought forward by his friends cannot
be uadentoed without this proof, neither can we understand the
tante of the sentence without understanding the rules and regu.
*tient of this Court. There was no argument upon this part of
the ruttier, for his friends knew that, spell their affidavits as they
may, they will throw no iight upon the matter. Vas this 'decree
to be granted under any circumstances, especially under such as.
sn anger:nee with all the feelings and ideas of decency and
justice in England, suggest to us, that that was done which
rimier ought to be done—is the meegre fact of this sentence,
whirrs was rapt to be carried into effect against a subject of
Scotland, but a British one, residing and domiciled in England ?
To warrant an injunction. his Learned Friends were obliged to
giro up the spiritual nature of the argument, and they seek the
miler against him as a trustee. Let us consider the farts, and see
hes they come to this conclusion ; and in the course of their pro.
endings they seem to he encouraged by the example of the Synod.
In this C'ourt, when a Lill was tiled, the other party was compelled
to answer. He put in no answer, for he had not the power of doing
so; they were served with an order to answer immediately. This
practice was weal in the ease of waste, when the mischief was im-
mediate; and it' the mischief was not immediate, it was not granted.
Surely, r.o immediate misceliief could follow Mr. Fletcher 's being
allowed to preach; the poi-iv Of his doctrines was unquestioned. It
was said, in answer to this, that they did not wish to remove him
tom his profeesion, but merely to prevent him being a pastor in that
chapel. He need not speak of the stigma that would attach to his
character, if the injunction were granted. He is now in the pos-
session of the pulnit ; this is a fact generally
.known ; if he is pte-
united from pinching, he will be also ildpnved of all remuner-
ation. II hat line would be drawn between the granting of this
injunction, and confirming the words of the anathema, which
strove 31 r.Flecher, not alone from his pulpit, hut from all Christian
fellowship? Ills Lordship Rat called upon by this sclf.constituted
Synod, for, judicially, nothing was known of them, to.do it on the
footing of this sentence. It your Lordship do this (said the
Learned Gentleman) you give the sanction of your authority to
this ho-rid seethe-ma. you say the sentence is just, as it deprived
hum of his pulpit ; jc.t, as it (hives him from Christian fellowship.
He need not diia.c iris the mischief of this intended injunction :
the consequence won'd he, that the congregation would disperse,
and echisin aocltt spring up amongst those now so happily united,
with the txception of a few that were hostile to their pastor. Ile
wished to know how Mr. Pletcher could be called a part of the
body politic of the chapel. Ile was certainly the lilinistcr, and
bound to perform acts useful, vcluable, and beneficial to the mem-
bers but he was not a coinponent part of the body. You may iv .h
as much propriety affirm the Lord Mayor's Chaplain to be a mein.
bee of the Corirnation of London. There was no stipulation entered
into between 31r. F. and the other members. Ile could not touch a
shilling of their mosey. The opposite party say there has never
been a schism in Scotland : if this be true, what becomes of this
very chapel ? It does not pretend to be a part of the national church
of Scotland. There was no proof of the union of the Burgher and
Antiburgher Societies in Scotland. and he trusted the documents
given to the world by these united societies, would be more preg-
nant with wisdom, humanity, and justice, than the present sea-
mere . He concluded by reminding his Lotdship of the danger to
the p-opery, of issuing an interlocutory decree, if the cause and
recessity of the mentos were not perfectly clear, so much so that
th,-m could be no doubt on the subject.
Further legume t postponed till Monday.

VICE-CHANCELLOR'S COURT, FR/DAY, N0v.19.