Imatges de pàgina
PDF
EPUB
[merged small][merged small][merged small][merged small][ocr errors][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

R. HUNTER, 72, ST. PAUL'S CHURCH-YARÐ.

1834.

STANFORD LAW LIBRARY

LONDON:

PRINTED BY C. ROWORTH AND SONS, BELL YARD,

TEMPLE BAR.

MY LORDS, The Defendant Wellbeloved is a SubTrustee or Manager of the Hospital or Almshouse founded by the Deeds of April, 1707, for the sustentation of ten poor persons. He is also the Preacher at Saint Saviour's Gate Chapel, and, down to the time when the present information was filed, received from the Grand Trustees, under the Deeds of January, 1704, a yearly allowance of 801., as "a poor and godly preacher," within the meaning of the charity which they are appointed to administer. Mr. Wellbeloved has therefore the same interest in the question raised by this suit as the other Managers and Sub-Trustees of the Hospital, and he has also a further and distinct interest, inasmuch as it is sought, that this allowance, enjoyed by him for more than thirty years, may be discontinued. It is plain, then, it will be part of my duty to support the general line of defence raised by the other Defendants; and it would also appear to be part of my duty to make some remarks applicable to the peculiar interest of Mr. Wellbeloved, and the

B 2

relief specially prayed against him. This, however, has become unnecessary. My venerable client is unwilling that, in a matter of such wide concern, the time of the Court should be occupied with what may seem to relate only to himself, and my observations will therefore be directed solely to the general case, avoiding, however, as much as possible, all those portions which have been, or as I can learn, are likely to be, most dwelt upon by my learned friends who appear for the other Defendants; and avoiding them, not because they are less important,-for, on the contrary, I believe several to be infinitely more important than any parts of the case upon which I shall touch,-but because I am desirous that the Court should not be delayed by travelling with me a road with which it must already have become better acquainted than I am myself.

The Charity, which the Court is called upon to remodel upon the assertion that it has assumed a form not contemplated by its pious and benevolent foundress, was created for the benefit" of poor and godly Preachers for the time being of Christ's Holy Gospel, and of poor and godly Widows of such preachers, and for the encouragement and promoting of the preaching of Christ's Holy Gospel in poor places, and for Exhibitions for educating young men designed for the Ministry of Christ's Holy Gospel, and for relieving godly persons in distress,"--and a

preference is given to objects resident in Yorkshire and the Northern Counties. Now the great legal question that arises is, what is the meaning of these trusts, who, in short, are the poor and godly preachers" designed to be the objects of the testatrix's bounty.

66

66

No one alleges that ministers of the Church of England were intended. It is admitted on all hands-the information states-the witnesses of the Relators prove, that by poor and godly Preachers" was intended Dissenters from the Established Church. But the instruments creating this Charity do not point out, in express terms, any particular sect or class; and it will, as it appears to me, be requisite to consider what were the sects or classes of Dissenters prevalent in England at the time when the charity was founded, and what their respective doctrines and tenets were, before any determination can be come to as to which was the subject of Lady Hewley's care.

Now, my Lords, at the close of the 17th century, there were three principal classes or denominations of Dissenters-the Baptists, the Independents, and the Presbyterians; for I omit the Quakers, there being less reason to suppose Lady Hewley meant them than the Church of England. 1st. Of the Baptists it will be necessary for me to say little or nothing; they do not appear to join in the attempt to deprive the Presbyterians of

« AnteriorContinua »