The British Press; or, Morning Literary Advertiser.
London, England, 1824-11-23 00:00:00

'i'a' Loco Cits:ces:s.t.on—Wl!..n does this Synod tnect ?
C:+isf; —lli April

i., ;hero any legal obligation upon

The big; a C AN;.I: Limn
them to tare: thst ?tin: .0
t'ir7e ices ref. They meet on the 18th of April,
foe the rtlfiltEae ui (IVO` tg yrca eh( •+. Ile would give them every
tedulexcee; he would treat tine, with kind:iers ; he would not in.
tcr;!irt them from Christian fellen ship. If the Court grant the
nom, it will be call: tl upon next April for another. to
•,..re.:eitt the milk-mgt.:ion turn going elsewhere. and buildng saint ber
slat el. for which, wlt an Ent:tNit liberality—a liberality that could
: et he romut out of this courtly, they havealrmlysulfacribed 7,0001.
tv r-a-k s!at inn of ,citc!‘ IVillthe Court be able
tc sxy it will ga a.. far, and no farther? Where will its jurisdiction
kn limned ? If t!..e ronfrrogaritin go away, what will be the coon.
% The: !•: stn property ; and his Lordship may spare
Eta :::t tr will be en property for it to act upon. As
tt.: n: it came to thin ehopyl from Scotland, and who,
if w.. 1 t.:1!, tt*Ol:111 bt. !llPlrtli. their journey gave them pleasure;
,y we!: tivproved, tr.! raw the world. 1:pon the whole, he con.
(*US: to b: of 'tech a nature, that his Lutdship was called
• rt :t, ard wit!. etn,t,
1: r%• t'a4 for the Illanastent of the Chapel, and
▪ . s uto; et 1:e..1 exhausted by the ingenuity and the kern-
V: obscrvat;tins on the subject would be few
• .GCI.C. ,ec observations he found it requisite to make, on
• 7.t of thr rack, wealth, and consideration of his clients, who

ik.a, r•-io .:1 in this chapel.
LO:tD Ct.".Ncy.t.t.na—lf Mr. Fletcher. In going to his
pti,iiit in the discharge of his duties, is disturbed and prevented
t. en, doing. he must yn to the common law for redress.
appeared neither fur the trustees nor Mr. Fletcher.
1:c ; fer tile inanngioi, and as fat as they were concerned,
the runt absurd C'St. that was ever bottight into that Court.
cue called upon to prevent the collection of alcove by the
Syr:, of Scotland, to ialuott authority they did not at all defer.
'1 hey paid no .aliiry to ILO IiftPCIILT j all the contributions—all the
rad Foy. were in the hoods of the congregation alone. Why was
odotetion applinl for ai,t-diist the trustees? lkeause they were
litih!e tc commit error? I:very man was halite to err—every trustee
v to violate his trust ; bait en injunction would never be
• t-d or: account of this mere liability. '1 Oasological books had
b.eii isfatr.iil to during this ; he bad never heard that
such die.* firmed a rule for this Court ; if they were to be the
role, it? would advise these valor; studants who were to succeed
lure era his Erathers, ai, he misted, a relOtOC period, in that Court,
to give up these legal characters with whom they were spending
their pupillage, And transfer themselves to theological instructors.
Ir!at a question is asked by these persons ! They require that the
manperra do not collect money; that is to say, they require a
I atila,:nn of that condition upon which the entire trust depends; in
the :heal the' is called tile congregation.
Air. RAIT lIIIT It is called the Association.
The Lout, Co.excxxxon—l'etlinps you will tell me what an
associated congregation means. Again, certain rules are to be ob.
served ati far as they are applicable to England. How is a Judge
to know a ivat is applicable to England, when he has not a particle
of
evidence to show him what the rules and institutions of this
Synod are ? How then can he distinguish between these which are
applicably to Englanai, and those which arc an to Scotland If it,
was true in reason and in fact, that some are applicable to one
country, and some to the other was it not eqttally true that he
shoulld. know thesn institutions liefere lie could decide upon this
relative fitness ? Seeing all, he may prorcuncc that all these mad-
tutiens w.re tit for England. Sieving all, he may think that but
some were applicable to this country. How can any Judge predicate
this if tie have not judicial evidence ? Suppose that the sentence of the
Synod were to be executed in Scotland, it wmeld be so framed as to meet
sere constitution of Scotland ; but if it were to be executed here, it
sh.ml4 he so framed as to meet and agree with our ecclesiastic laws.
This sentence may be gond either in whole or in part; it may be
posed upon matters in which the Synod had no right to decide.
a!-. Fletcher was suspended for breach of promise; the Synod
might have no right to decide upon this question; upon this sob.
ICet he had not a panicle of evidence. Ile could not receive the
law of Scotland upon the affidavits of dissenting ministers. When
sitting in the Lords upon appeal cases, he was presumed to know
the dery of Scotland, and he could rail for evidence; but when he
w :4:id down to this Court, he was naturally supposed to know no.
thiiitt of Scotch law until it was proved to him.
r. HEALD doubted much if the Synod were in London whether
they would persevere in their sentence, when they saw the congre-
gation ass not hostile to 31r. Fletcher; • they would say they sus-
pended ,Ir. Fletcher for not appearing before them; that the sus-
pension was in fact their attachment to make him appear. He
would assume what would not be denied. that this Synod was a
Cowl. No matter what claims they may arrogate to themselves,
Ise qeulil consider than as a Court acting can conformity with, and
soopnned by the laws anal constitution of their country. He would
rt,t tank them higher, and he would ask if it were not a new thing
for a (:taunt to come ferwanl and ask the Court of Chancery to sup-
port its aitilinity be an injunction ? This very Court of Chancery
fait cr. ry do; the inconvenience of nut being able to support its
am: deertio. It was usual to see, as matter of record every day,
that A. I'. C, were out of the jurisdiction of the Court. The Le-
godatore !are its assistance, anal to prevent injustice being done,
lt tabled the Court to run as if the parties were present, but die
00141 could not do this of iteclf, anal therefore the Court of Scot-
ian : car Oct Call upon Chancery to aggravate its process by a decla-
ration of eonttnipt. If the Scotch ti:oort issued its !nous+. and
o ,wed rt.st enforce its scutence, this Court would not give its
a .sistari:...

The LORD CtratteELT.ol—Suppose there was a congregation
of 100-50 in ll::glaud, the rest in Scotland. and the 50 in England
were inmed (or the other Sip to obey the Synod, and if this agree-
me.' %vete made hr decd.. I cannot tell whether these would be
r-ally bound, until I know the institutions of the Synod. All
particularly thus: who coinp lain, must show that this sen.
1,.3:e is strictly confonmilik to the rules and institutions of the
h•ipod, eipecially if the deed bear anything doubtful on the face
u: it. Suppiese, as in the present case, a gentleman acted so
im-
to a lady as to be guilty of a -breach of promise of
if...triage. There arc slut a thousand other matters, in which it
•e::ld not be expected that this Court would be auxiliary upon
tnar occasions. lie knew nothing hire of Scotch law, except in
tile affidavits of clergymen, who depose that the inister was ap-
po.r.ted by the consent of the congregation; but the defect was,
that hr was not told how, when a Itlinister wan suspended, the place
was fi i!ed up. This is as a serious defect, especially when th e deed told
him that the consent of al I was necessary. homy be. that these persons
bad ignne to a certaf: %%tent to entitle them to the benefit of the Act
of Toleratior.; they might say so and so with this intent, and yet
Usey might covenant themselves out of thin very protection, and it
was a question if this deed were not of this dmaiption. He cannot
ti d in this deed if Mr. Fletcher is to receive money during his
'A.:pension, and yet it is admitted to into that he is. It is also ad-
mitted that his sucressors at: to get nothing. This is also omitted
in the deed. lie aught then fore, on account of this distinction, to
be most airerol in granting an injunction, particularly here, when the
injunction would almost deride the cause. Be must again repeat,
No parties must not tell hint of their meanie;. lie would look at
tt..: deed and say, there is your under,tandine. •
The So Lim ITOR-fl It X I: li•t. sail, in reply, that he had to con.
siclar two claims of objections—these made by his friends, and those
thrown out by his LA:mishit). The former he would treat with
; and though the latter were not to be thus treated. he
would venture to assert he would get over them. As to the idea
of the Court not being come-vent to restrain a inieter—if this
was assented to. the Court wouhl repudiate. emasculate, and ener-
vate one of the most important branches of its duty.
The Loan Citaweextoa.—The question is, whether a trust
be raceuted for the benefit of an individual preacher' If this
pecuclier get nothing, where is the use of granting an injunction?
ei like the continuance of a partnership, against which, If an
ruder acre grouted today, it may be broken to-morrow. Sop.
re.c the Synod to say to 31r. Filcher, " IVait and keep your
situation tdl Wednesday; we will consult the congregation,
and if they c'enient, we will dismiss you." (could this not be
done under tie treat? Suppose they were t.. say, "Keep your
employment f..Ar a month, and no longer, would this Court grant
an inhmetion on the day preceding the last clay of the month?
'lies Court surely wouhl not grant an injunction that would be dia.
so: red the moment the decree was pronounced.
The SOLIC:TOS-6ZW ESA L said there was an objection that
the 4 was no precedent far this measure. There may be no actual
identity. but there was a similarity of principle ; no precedent for
restraining a 31inister. What would the gentlemen say to a motior.
foe preventing the ringing ot a charch bell, by the slid Elowani
rad the churchwardens of Hammersmith chapel ? This order seas
wade, and until the ease occurred there was no precedent. But
whets it was decided by lAird Macclesfield, and the decision sup-
pmietl by two most able commissioners, theChief,lusticethlbert and
Lord Raymond, it became a precedent, and remained so to this day.
',lily Howard was infirm, and was disturbed by the ringing of the
bell at 5 is the morning. :she entered into a contract with the clierch:
modem' to repair and beautify the church, if the bell was not tulles!.
They entered into the covenant; she built a handsome cupola, and
*Moray atter a vestry was called, and it was deternimed to ring the

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hellos usual. bhe hied her bill for a breach of t! covenant ; the
lawyvs of that day (41 rot raewe•r aith the Plealll2ollll of'• there
is no proccilmt," and the injunction teal crap:,•d. and the hell was
silenced. What world his friends think if an injunction
was granted to restrain an anthem from a• iting playa for Covent-
gutten or 11rory.1sne? Yet this v 11. e case. %Vhst will Mr
Dart Pay to this? What ! i:as• t.•• intrl!•ctual chains—a practice
worthy of Morocco or Algi.a ! Y.: this was done by this very
Conn.
Lonll CTIAN ctir.t.n R —Tile CIRe. this: 3!r. 3Jorra and
' others were the proprietors of dr. limy:ma:al Theatre; Mr. Col-
-1 man and 01112,4 joined, and conceiving the theatre would be pro.
thirtive if they hail th t ai!canta;•" of the fruits of Slr. Colman 's ge.
:sins conked to the hefts.•. y entered into cotenants accoteingly.
The Sol.tctmon-DE.:l:n it. wool.' put 11r. Fletcher into't!,e
e:on•r situation with the thutchwardets and Mr. Coleman, and
would ask for an injnoctimi 0o preckely the same princil•le. Did
no! nit iris luirmil frit-ids know that a man was not allowed by
that Co•tr•, to stamp a 'rt., head upon a rack of cards?
The Loon Ctt a stcl:i. ho a —As you are now going to another
head, you mu•.t !finish you: arl,•ument to-morrow.
V!Ci:•Ci!ANCLLI.OII'S COURT, llloxn►r, Nor 21