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Mr. Justice Le Blanc said, The from the penalties of the acts prosecutor's showing that he was against Protestant Dissenters. The preacher or teacher to a congrega.
learned counsel did this upon an tion, without also showing that'the affidavit, which stated that the ajo congregation to which he had been plicant was a Protestant Disseutappointed was a legal congrega- ing Minister, and was also by tion, by the house or place of trade a currier; and that upon apineeting having been certified and plying to the Quarter Sessions, he registered as required by law, was was refused thus to exempt hiinnot sufficient to entitle the Court self, in consequence of a late deterto issue this prerogative writ.
mination of this Court, in the case Lord Ellenborough lamented, of the King ». the Justices of that when the course to be pur- Denbighshire (14 East, 285); in sued was so easy, there should be a which it was held, That a Protestant disinclination to comply with it. Dissenter, merely stating kimself As parties, however, chose to stand as one who • preaches to several on the extreme point of right, his congregations of Protestant DisLordship could not prevent it. At senters, without shewing that he present he did not find it necessary has any separate congregation atfor him to determine, whether tached to him as such teacher of the Justices were correct in de preacher, was not entitled to be manding the certificate ; or the admitted by the Justices to qualify. party, in supposing that his own This decision the Magistrates of oath was sufficient. It was enough Gloucester had quoted as a deterfor his Lordship now to see, that it mination against all persons predid not appear on the face of the tending to holy orders, in which ca. affidavits that this was one of those pacity the present applicant clailahouses or places of worship dis- ed; and the words of the statute senting from the forms of the extended to 6 persons dissenting Church of England, which the from the Church of England, in bishop would have been called on holy orders, or pretended holy or, to give the necessary qualification. ders, or pretending to holy orders."
Mr. Justice Bailey Cancurred in Lord Ellenborough said, that the tbe same opinion. He thought it decision of the Court had been misa even of importance to the Dissent. taken; but froin what source did ers themselves, that the certificate the present applicant state himself should in' all cases be required, as to have derived the holy orders to it would prevent improper applica- which he pretended ! tions. It was a formality easily Mr. Topping submitted, that it complied with, where the party was not necessary under the stao applying was really the preacher tute to state that; and the Magisor teacher to the congregation in trates had not refused him on that respect of which he claimed to be account. allowed to qualify himself. -- Rule Mr. Justice Bailey.-llas he beca discharged.
ordained by any body?
Dir. Topping hoped the Court
would not narrow the exemptious
of the Toleration Act, by asking The King v. the Justices of Glou for qualifications which the legiscestershire.
lature did not intend. The iutepMR. TOPPING moved for a rule tion of the act was to enable any to shew cause why a randamus person who conceived he had ta. should 'not issue to the Magistrates lents for the ministry, to exercise of the county of Gloucester, com- those talents without incurring the manding thein to lénder the caths penalties of several acts of parliato John Parker, of Dursley, in that ment, and to enable him to discover county, and permit him to sub- whether he was qualified to be scribe the declarations required in elected the pastor of a separate the Toleratiou Act, of the Ist W. congregation. and M. c. 18, 6. 8, to exempt hiin Lord Ellenborough. - A person
stating himself to be pretending to such certificate. The applicant had holy orders, must derive those or- offered to swear himself thus duly ders from some source; the Court appointed; but the learned counsel would not canvas what.
contended, that the Justices at SesMr. Topping contended, that sions had a right to be satisfied of pretending to, meant laying claim to. the qualifications of all persons
Lord Ellenborough. - Whatever making such applications, and had interpretation you may contend therefore established the rule which for, it is very fit that interpretation the present applicaut sought to opbe argued. You must argue, that pose. The defendants did not dispretending to holy orders, means pute the applicant's right; but looking forward lo future holy or they set themselves against his ders; by which construction, every opening a door to the claims of student in an University, who con- persons the most improper and templates the profession of the unqualified. church, 'is included in your doc- Mr. Topping, Mr. Gurney, and trine. Upon these subjects, how- Mr. Brougham, in support of the ever, I am anxious that there shall • mandamus, contended, that the Jus-, be no opportunity of saying the tices' refusal was an attempt to de.' case had not every hearing.-- Take prive the Dissenters of the benefit a rule to shew cause.
of the Toleration Act; of the proSame v. Same.
visions of which no construction Mr. Brougham obtained a si- the Justices had entered. The ap
could justify the rule into which milar rule upon a precisely similar motion, on behalf of T. S. Brittan, to take the oaths: why, then, was
plicant was admitted to be entitled who did not state himself in his he not suffered to take them? Mr. affidavit to follow any secular occ Topping had known Conrts of cupation, and who, in point of Quarter Sessions for 20 years, and fact, is a student at a Dissenting had never yet heard of such a rule. Academy.
If the applicant swore falsely, he The King v. the Justices of Suffolk. gained nothing. The learned coun
MR. GURNEY also obtained his sel had heard that a circular letter rule to shew cause now upon an
had been written to every Court of amended allidavit, in which it was Quarter Sessions, desiring them to storu that the applicant's ineeting require such a certificate. When house was registered, as by law re
would there be an end of these inquired.
novalions ? and what right had
these Courts to affix such rules, or SATURDAY, FEB. 8.
impose such terms? Mr. Brougham The King v. the Justices of Suffolk.
was touching on Lord Sidmouth's
Bill, when The Attorney-General and Mr. Lord Ellenborough requested Dampier shewed cause against this bien to abstain from the introducrule nisi, for a mundomus to compel tion of politics. His Lordship askthe Justices of Sufiolk to adıninis- ed, Whether it was not proper that ter the oaths to Mr. Elrington, and the Justices should be informed to permit lim to subscribe the de- that the applicant was a proper clarations under the Tolcration Act, person to be admitted to take the as teacher of a separate congrega- oaths and subscribe the declara. tion of Disscnters in that courty; tions? People were very jealous which they had refused to do, in of the liberty of conscience; but consequence of the applicant's de- the Court must consider the liberty clinature to produce a certificate of the whole coiumunity. As there from certain leading inembers of were several other applications of his congregation, testifying his ap- a sinuilar nature pending, as this pointment as such separate tcach was tbe first time the construction and preacher, contrarily to a rule of the Toleration Act had come to established by the Justice: to ad- be discussed in a Court of Justice, ininister such vaths, and granting and as it would be proper to hear every argument fully before the That the Bishop had a right to Court should pronounce its final determine upon the fitness of the judgment, the decision of this case minister to occupy the station was postponed till the next term, proposed ;, it was concluded that when those other cases would come the Bishop conscientiously obon to be heard.
jected to Dr. Povah as unfit; and This case and both the other that the Court could not interfere cases remain for decision until next with the Bishop's conscience. term ;
and we hope that until The affidavits of two reverend gensuch decision shall be pronounced, tlemen, who objected to Dr. P. no proceedings will be adopted by contained in the Bishop's affidavit. amy Dissenting Ministers, or real were considered as far more credifriends to Religious Liberty. We ble and respectable than the cvi. especially reconinend such mos dence adduced by himself and his deration, as we are informed that friends, in refutation of the objecthe Society before-mentioned, con- tions made against him on account jointly with the Methodists, have of his doctrines, &c. The Court adopted such constitutional mea- decided, That they could not 'oversures as will, it is hoped, effectually turn the Bishop's refusal, and viocounteract the injurious operation late a Bishop's conscience. The of even the most hostile determina- rule was therefore discharged. tion that can be produced. But if
By this decision, it appears that any important facts or cases should the refusal of a Bishop to licence take place in the country in the
a clergyman, is likely to be supmean time, and information re- ported by the Courts of Law; and specting them is transmitted to Mr. it may be feared that in many Thomas Pellait, or Mr. John Wilks,
"cases (not in all, we trust) the crime the Secretaries of that Society, they of being evangetical will be conwill receive suitable and prompt at scientiously deemed sufficient to extention.
clude the most useful preacher from
the palpits of the Establishment. Jan. 25, the Chancellor of the Ex.. chequer moved, in addition to the We are happy to hear that the address to the Prince Regent of the late Mr. Phillips, Classical. Tutor last sessions, a farther address, in the Lancashire Independent praying that his Royal Highness Grammar School, is succeeded by inay be pleased to direct that there Mr. Reynolds, son of the late Dr. be laid before the house a Return Reynolds, Physiciau in Ordinary of the number of Places of Divinc to his Majesty. Worship, according to the rights
The Bethnal Green Auxiliary and ceremonies of the Church of Society, in aid of the Missionary England, in England and Wales; Society, London, held their Second also, a Return of the number of Anuiversary at Gibraltar Chapel, Places of Divine Worship not ac
Bethnal Green Road, January 21. cording to the Church of England, Mr. Rayson, of Wakefield, com. in all parishes where the number menced the service with
prayer; of parishioners exceed 1000. Or. Dr. Collyer preached an anjinated dered.
discourse from Job. vi. 8; and Mr.
Platt concluded. The collection Dr. Povah's Case decided.
amounted to £17. 6s. The long-depending cause between the Bishop of London and The uncertainty of human life Dr. Povah, respecting the refusal was greatly exemplified in the reof the former to licence him to a cent death of the Rev. Dr. George Lectureship in the city, was de- Hall, in Dublin, on the very day çided in the Court of King's Bench, (Nov. 23) in which thc Loudon Ga-, on Saturday, Feb. 8. Lord Ellen- zette announced bis clevation to borough delivered the judgment of the See of Dromore, as successor the Court, which was to this cffect: to the late venerable Bishop Percy.
At a Meeting of the Editors of the Evangelical Magazine, held Jan. 20,
1812, the following Cases were approved and relieved: Denomina. Recommended
L. D. S. Independ. G. Burder 5 N-II, Baptist, A. Fuller A.L. ditto, D. Bogue
5 L. B. ditto, W. Roby ditto, E. Parsons
5 E. J. ditto, C.,Buck J. R. ditto, G. Burder 5,1 H. P. Methodist. M. Wilks M. Wilks 15M-1); ditto, ditto
5 D. v. ditto, C. Buck 5 S. W. ditto, R. Hill
5 D.'B. ditto, R. Hill
5 || A. P. ditto, C. Buck A. L ditto,
Dr. Williams 4. M.'G. ditto, W. F. Platt
5 E. C. Presbyt, R. Hill
S. W. Tracy
51 J. M. ditto, A: Waugh J. C. ditto, Dr. Smith 5.M.C. ditto, ditto A. B. ditto, D, Simpson
5 R.M. ditto, G. Burder E f, ditto, J. Townsend 51.S. ditto, J. Smart A.S. ditto, S. W. Tracy 51 M.C. ditto, ditto
4 E.A.H.ditto, W. F. Platt
5. M. L. ditto, A. Duncanson 4 M.S. ditto. W. Roby 5 $. H. ditto,
ditto S. D. Baptist, J. Hinton 5 | E. B. ditto, Dr. Sinith
4 S. P. ditto, E. Parsons
Several Applications came too late. M.A. ditto, ditto
Omilted last time, Dần, ditto, J. Cockin
J. B. Independ. M. Wilks S. B. ditto, A. Fuller 5 B -h, Baptist, J. Fawcett R. C. ditto, ditto,
MISSIONARY COLLECTIONS, &c. Legacy of Mrs. Sarah Roberts, late of Upper Eatington, War. 8. .
wickshire, per Mr. Tomes and Mr. Bartlett, Exécutors 50 0 Collection at Plunket Str. Chapel, Dublin, Rev. W. Cooper. 10 0 Rev. W. Smelle and Friends, Great Grimsby, Lincolnshire 6 00 Missionary Prayer Meeting at Rev. Mr. Burder's, Fetter Lane 6 16 6 Legacy by the late Mrs. Prätt, of Teignmouth The Heathen's Friend Society, at Dover
15 00 A Friend, by the Rev. Mr. Hopkins, Linton
20 0 0 Four Young Men at a Biscuit Baker's, by Weekly Subscriptions 2 11 6 Auxiliary society, Lady Hi's Chapel, Bristol, per Rev.Mi. Start 5 14 0 Addition to Collection at Halsted, per Mr. Sewell
1 2 6 Rev. Win. Moseley and Congregation, Hanley, Staffordshire 25 0 0 Derish, 31. Hannah, 128.– A Friend. by Mr. Flint, 11. 4 12 0 Dundee Missionary Society, per Rev. M. Colquhoun,
45 0 Friends of the Rev. Tbomas Golding, Fulwood, near Taunton 14 0 0 Collection at the Monthly Missionary Prayer Meeting, at Miles's Lane,---Rev. A. Fletcler
10 16 4 A Village Hearer, by the Rev. Mr. Rawson Paisley Missionary Society, per W. Carlile, Esq.
63. 4 0 A Lady, per Mr. Hogg,
1 A Society of Young Men belonging to the Countess of Huntingdon's Chapel, Worcester, per Rev. E. Lake
3 3 0 The Foreign Intelligence, and an Account of the new Construction of the Toleralion Acl, which are very important, have obliged us to defer considerable number of articles of Provincial and Home Intelligence, and Poetry. We can only insert the following Notices : -The next Meeting of the East Kent Association will be held at Mr. Shepherd's, Canterbury, April 22, 1812 ;' and the next Meeting of the West Kept Union, at Mr. Ralph's, Maidstone, April 21,