The British Press; or, Morning Literary Advertiser.
London, England, 1822-07-19 00:00:00

HIGHGATE CHAPEL BILL.

STATEMENT OF CASE AGAINiT THE HIGHGATE

CHAPEL BILL

The promoters of the Bill are the Warden, end Governors
of the Free Grammar School of Sir Roger
in Highgate, who are Defendants to an information which
has betw hied against•thi m with the concurrence of the At.
homey G 1 (although most strennously opposed by Mr.
Wetherell and Mr. Sbsdwell on their WWI), fur the purpose
of p ocuring an appropriation of all the revenues of the
foundation (including the chapel ■nd lands nvntiosed in
title Bill), siceorchrig to the intention of the founder.

The Bill is founded ups. an assumption that a grant made
in the year 1565, by the Theo Bishop of London to Sir Wier
Chola>,ley, by whose conveyance the property in now vested
in She promoters of she Bill, is void. Upon this assumption
of the Trustees, it is by them proposed to deprive the charity
GI4 considerable part of its revenues, fur the avowed pur.
• pose of-building a Chapel, and of constituting the village
of Highg4S• sod its vicinily into • " district chapelry or
parish."
It has heen asserted, that it is the wish of four thousand
peewits is the seighbunrhood of Highgate that She Hill
should pass. If this were a fact, it would nut be of much
imposmace, is looking at the express direction of the
founder. The stoverlion is int, however, founded is truth ;
fur, in the kat place, taking the hamlet of Highgate itself
according to the menus, the population, includirg men,
women, sad children, does not cassis( of some tbao tau
*boomed live buodred souls.

The promoters of the Bill sre the Tractors, sad is deter-
mining opt' its propriety as t►eir act, refer. nee must be hied
to the deed which makes them *l'rustees. The question then
is, how are they so constituted, sad fo► what purpose?
By letters patent of Queen Elizabeth, in 1665. Sir Roger
Cbolmeli y was empowered to foiled sad node, a Free Orem-
mar School : for that purpose the Royal Iteesse was given,
enabtiag him to receive any lauds, beredissments, Ste. fur
the better maim of the said School : the license also
went un to authorise any perikoloil 10 give lauds, ice. to Sir
Roger Cbohneley for the same purpose.
. .

. .
Is time same year, in pursuance of such license, Bishop
Grindsll (as lord of the manor of Hornirey) grained and
casfirited to Sir 'Roger Cholnseley a smolt Chapel at High.
gate (which was formerly • hermitage), together with two
Beres of ibe waste lead adjoiniug to it, on the express con•
ditiou that Sir Roger Chulaseley should therimpon convey
such Chew] mud lauds, together with certain other premises
given to ti e School by him to Trustees, who, in pursuance
of lime original charier were to be eissunitated Governors fur
the use sad saaintermure of the said Free Grammar School
for ever, and fur so other purpose.
. _

. .
Almost immediately after this (via. In Jane, 1565) Sir
Roger Cliohurley, accordingly, sad is pursuance of Ms let-
ters palest, cuuv.yei the claalsel, Iwo acres, and oilier pro-
perly therein mentioned, to the Trustees, to bold to them fur
the use of the school and the better maintenance and support
of the same for ever, and to no other use whatever.
'Ma last•mentitiatid deed, theta, is the instrument which
invests the promoters of the Bill with the character of Ti us-
tees. Under this deed they have (together with their prede-
•eessiirs) been in the unclieputed possession of all the estates
belonging to the fouudatian (the chapel and two sere* in-
cluded) from that•time until the premat. Ated the revenues
arising from all such estates have invariably been deemed
the r of the charity.
Under these circumsi it is submitted, that Perlis-
meat cannot, upon the t.appeekezeion" of the Trawlers, who
are bounJ by every obligation to preserve lbe charity water,
remit those Trustees to represent that their lido is defec-
tive, and by that means to sanction an appropriation of the
funds to purposes neser coutem plated by the donor.
If the clause in page 4 of the preamble of the Bill be ex.
()ringed, the Rill must fail altogether, because it is upon the
principle of that cause (of the grant being void) that the
whole of the enactments are founded. It will, however, be
shown is the Coin of Ch y (if this Bill does net pas.,
and so intercept the proceedings there), that the grant so
question is absolutely valid, and is taut athtted by auy
lute whatever.

II has been said by the promoters orate Bill, that •clause
shall be issiroduced, asylum die Joriedicolsir ut ibr Court of
Chancery; sorb a clause would, according to a high legal
authority, be absuid and altogether ongstory, torsion. the
pnsil ire tnacameats are eositsary lo lb* Charter, and to the in.
(urination which the A iturney-Geoeral has thought at, after
item del.btration, to sign.
ft la *wriest by the proinotersOf the Bill, that the Chsprl
has tvcr beta a Chapsl of rate to the hunter of Highgate;
this assertiow ts, however, 'untrue. There is wow lista, testi-
roomy of ;nib Chapel, previous to its eulaqyeaseat in 1771,
bring muter the looms that were then used for the porpoesa
of the Giarnanar School. It cats likewise be proved by the
same testistiouy, that there was a Cla‘stral Library ails/41.4
to such School, and that the Latta Granular was taught
there.

II SO 8180 8 het worthy of obserrotion, that the promoters
of the Hitt have net yet put in their boomers to the informs.
flow. The diicovery which they will be cempelled to give
upon • their answer world to doubt furnish the retool of
fentinff the Bill: they have, therefore, takes othrootogiof
tlw Arms of the abort of Cheocery, by obtaisiog as order
for a month's lime (nom the 4th instimi) to pot iu their as
users, which will carry them over the prelim, &mica of Pea
lisment, daring which they are eadateolitioi to get
Bill passed.

Oa Tuesday aftsrpoos. *ltd.* a buy of the came of Webb,
was riding hose a boese of Colonel 011ory'a from Hesiet's
four, Cheltenham, the *Metal look frtght at a pr is Cam.
•bray, as ran away, by which the boy was throws of tvad
so dreadfully hart, that amwithattiodiew the Inissass sod
*kaki amalgam of Dr. hileater, to whom ho was
4111140, wrist he 'spited is a quarter of eti