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

STILL' NEWS.

DEAL, ;ULY 14 t.rrived, and sailed for th(
River, the St.Anns, Cunsßte, from Jarnaiel, in
42 chivy, and ITJe Li gent, CLARKE, flOill Mare,
Came down from the River, and remain, the-Le-
re ret, AIALcom, for Virginia, and Industry,
ADAMS, 10t RoitCo.

PontsmotYrit, JULY 14.—Arrived from the
Downs the Soo. de Avia Pento, for V.go
l)iont, BUTTER, for. WOO ; R;11)14, \VAT-
soN, for Jamaica ; also the Friends transport;
front Deptford for Arica, and Favonrifr, It,,BIN-
soN, from dottenborgh foi Exeter; she sailed ch?!...
26th' June, in company.with the American ship
'Ametica, fOr
FALMOUTH, JULY 12 —Ailived the Manchester
patliet•wi:ll amailtront J-nnaica, i 42 days, and
I,i3;),Lje,styi's ship Pioneer Iron] cm &Ilse. Sailed
Thom as ottd Mary t a n,port fur ;
(der, GODFREY, I,IOH GuDVRLY, tor the
CanarieS,

ifir.trzcii, JULY 14.—Art..11;cl, the Henry Free•
ling peket WWI a mail from 11011,ind.
O.RAYAsENDi JULY I-I.—A-trivet!" the Ladr
Migiazie, Murray, from Rig, ; Rove!, 13.. try,
frciii' ditto ;• Henrietta, Schultz, front Pi:laii ;
Harvey, Redman:irons Ttinithui ; Carl Hendrick,
Hottal, from Carl:rronit ; Alai v, Fox, front
Ostend; Venus, Leask, Irma ; Carol ne,
Hodgson, from Jamaica ; Three. brothers, Spann,
from Rouen ; [lupe, iVhite, from Calais. brAtled
the Joseph, Wilson', for Rotterdam. ,

NAUTICAL SCIENCE.—We lattiv mentioned the"
Nautical Discoveries of Lieutenant Jou N Cuucn,
of the Royal Navy, who, we understand, has in-t
vented an elastic canvas Cali say, which provides
against the fatal effects of collision in the vicinity
of rocks, which the Life-preservers hitherto iu
vented do not sufficiently accomplish.
• Frow a Hebrew reth—to sure, Cr &Ike?.

On Friday night last, a blast thok place on,
board the Fly, BROWN, of Ely, %Old, had instl
been laden with coals at Mr. Blandling's staid),
in the River Tyne. The hatches were lastenea
down about eight o'clock, and about half past 11,
the master
_having been writing in his cabin, the
inflammable gas from the coal, haveog, it appears,
found its %vav from tl►e hold, ignited at his candle
as he was going to bed, and exploded. The mas-
ter ?vas seriously scorched, but is recovering. His
bed curtains were set on fire ; thA hatches were

burst open, and u boat whirl] was upon them,
thrown off. Two planks on the deck were blown
bp. The other men on board were in bed, and
received no hurt, excelling; the mate, who was
thrown out of bed, and i is toes a little burnt,.
and his whiskers singed off, The cat also lost het
whiskers, and much singed. The frequency
of these accidents of late, Thews the imprudence
of immediately fastening down the hatches upo4
a cargo ,of fresh coals, as they emit the gas tot
some time after they are raised from the mine.

We understand that the Shipping Interest in
general are dereentined to resist the Combination
of some of the•boatmen at Deal, and to- encou•
rage all those who have withdrawn from the Deal
boatman's Society. It is very probable that the
boatmen who reside at Wainer will, in the.next
Sessions of Parliament, be enabled to obtain
censes, and be put on the same footing as others,
as they are generally considered to be a very or-
derly and industrious class of meth
The City of Winchester will be nnusually gay
this week. Yesterday the Annual Examination
of the National•&chools, on Dr. BELL'S plan, took
place ; a Sermon was preached at the Cathedral
by, that eminent Divine the Vicar of Kensington;
after which the children were regaled with good
old English fare, and the Governors and Officers
ot. the Institution dined together, at the George
Inn. The Assizes continence this, day, sod the
Electors from New College, Oxford, come•
preparatory to the annual Election, from Win-
chester College. On Wednesday the Public
Speaking commences, and the medals are to be
distributed. On Friday is " The Durrzilm," but
on each day in the ►week handsome dinners are
-given in the. College, and on Friday night there
will be a Concert and Ball at St. John's, House,
Winchester College isles -very high repute tender
its present able Masters ; the strongest proof of
which is,that the LORD CHANCELLOR has recently
placed,his grandson there, preparatory to his go-
ing to the University.
A jeweller of Leipsie is said to be- employed to
make the Crown for the new King of liayti,
HENRY the First, alias CHRIsTopHE.

FLOOD UPON Tun TitAma.—The great flood
upon the name, within the last few days, has
been mistakenly attributed to the late rains. We
regret to state, that it hasheen crusted by the burst-
ing of a large reservoir, attached to the canal, in
NOrtliamptonshire ; and whlcl4, coining in contact
with some small streams running into the Thame,
has poured an immense deluge of water upon
the line c!f that river, flooding a great extent
of beautiful meadow land, ripe tor the scythe,
from the borders of Derbyshire, through the
suburbs of Tarnworth, Hop was, Coleshni,
&c. to the vicinity of Birmingham. The in-
jury sustained by such a large range of filo,
grass crops, niust be very considet able. The
T.,..ent,-the Dove, and other rivers upwards, are
Within their channels, aria the I.4ay harvest, which
is abundant beyond all precedent, and partially
commenced, promises well at present.
The glorious uncertainty of the Law, an expres-
don so commonly used, connects the idea of sue-
ttss being poised against the great expence awl
disappointment of a failure,-:—but the glorious !weer-
tainty of :he Lottery suspends only the possibility
of a very trifling loss, against the Chance of ex-
traordinary Gain ! Next Saturday, July 19, the
Grand Lottery will finish, when the First-drawn
Prize will receive 20,000/. more, and the Prize of
3001. being entitled to another 20,0001. the 0(1(12
ere very little against One Ticket gaining 40,0001.
Consols, and 0001. money ! is not this a glorious
tincertaintyl•—aml is it not a proof of the litre-
ralitY of Mr. SIVEIVRIOHT, the Contractor, in his
having absrained from mkekinir any athaocc i;1
pre ?

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. RDMILLyi 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, been, 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 these 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 soutilit, 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.