The Sun.
London, England, 1852-01-23 00:00:00

THE SUN,

CHANCERY.-(TIIIS DAB'.) 1
(13eiop.) the LOP.DS usTicFs )

,T7POITTNT.

TuRN

hie was
au eppeel ilwe a decree of Vice-Coaneslior
Wigrara, reeLoving the Rev. Mr. Murdoch, a member of
the Free Church of Saotlaud, froth the slice oi minister
of Low Chapel in Beewieli-on-Tweed, and (I, ciering
it to be a cendition of the original trust deed that all
ministate; of the said Low Chaisel should be licentiates or
ordained ministrre of the Church of Scotland. The ap-
peal was heard at the cenantencereelit of last term,
and occupied several days in hearing. The facts in do-
itif have appeared in our columns on several occasions.
The Gaut now gave jucleeant.
The Lord Justice KNIGHT BRUCE, after going through
the affiiavits at conselerable length, said that after
careful and deliberate consideration of the evidence he
had cerree to the conclusion that Mr. Murdoch, having
ceased to be a rasenb2r of, and to acknowledge any obe-
dience to, the Church of Scotland, had rendered himself
unqualified to continuo the minister of the chapel in
question. In his view, the main point of the question
turned on the fact, weedier for fifty years before the
election of Mr. Murdoch, and sixty years before the
institution of the present suit, it had been is private law
of the congregation that every minister of the chapel
should be a licentiate or ordained minister of the Church
of Scotland. The appellants contended that no such
law had been made, or could have been made,
except at the time of the original foundation ; but
he was of opinion that there was such a right in
the congregation to make such a regulation —he
would not say irrevocably—that it had been made
and acted upon for the period he bad mentioned previous
to the institution of the present suit. The defendant
therefore having ceased to be a licentiate or ordained
minister of the Church cf Scotland, had, in his opinion,
vacated the office of minister of Low Chapel. Acting
upon this opinion, therefore, he thought the best course
to pursue would be to confirm the decree of the Court
below altogether and in toto, avoiding the necessity of any
further inquiry by reference to the Master, which would
involve new expenses, and give rise to additional heart-
bureings. He thought the appeal ought to be dis-
missed with costs, but that would depend on the view
taken by Lord Cranworth.
Lord CRANWORTH said that he agreed with his
Learned Brother in confirming the decree of the Court
below with regard to the first part of it, declaring the
office of the minister of Low Chapel void, but he could
not agree with him that it was any part of the founda-
tion that all the ministers of the chapel should bo licen-
tiates or ordained ministers of the Church of Scotland.
The congregation in question was one of English Pres-
byterians, and though convenience or their proximity to
Scotland, or other circumstances, might have
led them to choose ministers of the Church of Scotland
for their pastors, he thought it extremely absurd
to suppose that they would have tied down themselves
and their successors. Granting the fact that all the minis-
ters (after the foundation of the present trust up to the
time of the election) had been members of the Church of
Scotlane, from which country a better supply of Presby-
terial ministers could hi had, he was by no means satin
fled that the minister at the time of the execution of the
trust•desds in question, Master John Turner, or those
immediately preceding him, were Scotch Presbyterians;
and it was quite certain that the cc ngregation was
founclee first by a minister of English ordination, who
had been vicar of the parish in the time of the Common-
wealth, bet ebliged to vacate by the Act of Conformity.
lie was, theretwe, of opinion teat this part of the decree
was wrong. With regard, however, to the first part, he
was e!early of opinion that the defendant had
forfeited all right to continue minister of the Low
Chapel, inasmuch as ho had ceased to be an ordained
minister of the Church of Scotiand, and was actually
an
ordained minister of no Presbyterian. Bad his Learned
Brother agreed to the other part, further directions on
teat would have bean necessary, but as it was the appeal
would now be dismisseci wholly. Ile thought that the
ete;:elant eucht certainly here to pay the costs.
Appeal dismissed with costs.
The appeal occupied two hours and a half in the
delivery.