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tarians; and that the charity funds examined several very eminent dishad been by them and still were ap- senting ministers: no evidence was plied to and for the benefit of Uni- adduced on the part of the defendtarians, and in support of Unitarianism, and to the prejudice of the great body The cause was heard by the Viceof orthodox Dissenters. And in parti
Chancellor in Michaelinas Term, 1833, cular, that four exhibitions were then who expressed an opinion that no sent to Manchester College, a well- persons who denied the doctrine of known Unitarian establishment; and our Saviour's divine person, and the an allowance of sol. a year made to doctrine of original sin, were entitled the defendant, the Rev. Charles Well- to participate in Lady Hewley's beloved, a Unitarian preacher; and Charities, and decreed according to that Unitarians were admitted into the prayer of the Information. That the hospital or alms-house, and that ministers or preachers of what is comthe trusts were not duly performed, monly called Unitarian belief and no allowances being made to the poor doctrine, and their widows, and memwidows of godly preachers, as a dis- bers of their congregations, and that tinct class, and no allowance being persons of what is commonly called made for promoting the preaching of Unitarian belief and doctrine, were Christ's holy gospel in poor places. not fit objects of, and were not entitled
“ And the Information prayed a de- to partake of the Charities of Dame claration that Unitarians are not fit Sarah Hewley in the pleadings of this objects of these Charities. And that cause mentioned, and removed the the exhibitions to Manchester College, trustees, but allowed them their costs. and the allowance to the Rev. Charles Against this decree the defendants Wellbeloved, might be discontinued; appealed, and the appeal was partly and that Dame Sarah Hewley's rules beard by Lord Brougham, previously for admission to the hospital might be to his giving up the seals, assisted by observed. And that Dissenters who Mr. Baron Parke, and Mr. Justice would have been within the protection Littledale ; and it was afterwards of the Act of Toleration of the 1st of heard by Lord Lyndhurst, assisted by William and Mary, and not subject to Mr. Baron Alderson, and Mr. Justice the penalties of the Act against blas- Patteson; and judgment was given phemy, 9 and 10 William III., at the by these three learned judges in Gray's foundation of the Charities, might Inn Hall, on Friday, the 5th of Febalone be admitted to the benefit of these Charities."
MR. BARON ALDERSON addressed This case had been before the LORD LYNDHURST as follows: Charity Commissioners, who by their MY LORD,—My brother Patteson Report, 26 June, 1826, expressed an and myself having fully considered opinion that the question whether this case, in which your Lordship has Unitarians could properly be admitted desired to have our assistance, and to receive the benefit of those Charities having entirely concurred in our view ought to be submitted to the consi- of it, it becomes my duty to deliver deration of a Court of Equity. . our joint opinion, together with the
To this Information the defendants reasons by which we think it may be filed their answers in December 1830, supported. declining to make any discovery as to This question arises on the contheir religious belief, to wbich answers struction of certain deeds of endowthe relators took objections for insuffi- ment executed by Lady Hewley, dated ciency. Further answers were then January 12 and 13, 1704, by which filed, to which objections were also she conveyed considerable estates in taken by the relators on the same the county of York, to trustees, upon grounds, and allowed. And the final trust after her death, to pay and disanswers of the defendants were not pose of such sums of money yearly, or obtained till April 1832.
otherwise, to such and so many poor A large body of evidence was and godly preachers for the time being, entered into by the relators, who of Christ's boly gospel, and to such
poor and godly widows for the time rules; oine of whom were to be poor being, of poor and godly preachers, for widows, or unmarried women, upthe time being, of Christ's holy gospel, wards of fifty years of age, and one a at such time and times, and for so sober, discreet, and pious poor man, long time or times, and according to who should be qualified to pray daily such distribution as the said trustees with them twice a day, if such a perand managers for the time bei son could found. any four or more of them, should think The rules referred to by this second fit, and to employ and dispose of such indenture seem to have been carefully sums of money, and in such manner, drawn up, and are styled by her, for the encouraging and promoting of “Rules for the due qualification of the preaching of Christ's holy gospel such poor persons," and are expressly in such poor places as the said trustees required to be read over by the and managers for the time being, or trustees to each person when apany four or more of them should think pointed. They are as follows: “ Rules fit; and also to employ and dispose of and orders to be observed about the such sums of money, yearly or other qualities or qualifications of the poor wise, as and for exhibitions for such people to be elected into the said or so long time or times for or towards almshouse from time to time." educating of such young men designed none be elected into the almshouse for the ministry of Christ's boly gospel, who have a clear personal estate of never exceeding five such young men above sixty pounds, or a real estate at one and the same time, as the said above the annual value of three trustees and managers for the time pounds, above all reprizes, and near being, or any four or more of them, relations that are able in estate, and should approve and think fit; and she bound by the laws of God and nature also gave all the surplus and remainder to relieve them at home. Let all of the aforesaid clear and residuary persons to be elected prove their
age rents, issues, and profits of the pre- to be above fifty-five years, by good mises, after the death of the said testimonials if required; let none be Dame Sarah Hewley, during all the admitted into the hospital that cannot continuance of the said trust estates, be conveniently separated from their upon trust, that the said trustees, and children, who must not be permitted the survivors and survivor of them, to live with their parents in the hoshis and their assigns, and the heirs, pital, but in cases of infirmity and executors, and administrators of such sickness, when they are bound in duty survivor, should from time to time and charity to minister to their parents' employ and dispose of the same in and necessities; let none of evil fame or for the relieving such godly persons in report be admitted into the hospital, distress, being St objects of the said but such as are poor and piously disLady Hewley's, and the trustees' and posed, and of the Protestant religion, managers' charity, as the said trustees not given to strong drink nor to gosand managers for the time being, or siping ; and such as have lived inany four of them, should think fit. famously in their youth, or have been
By a second deed, dated in 1707, justly blemished with any gross imLady Hewley, after conveying to the morality, let them not so much as in same trustees certain other estates, old age be elected without good partly for the support of an almshouse evidence of their repentance and built by her for poor pious widows, amendment. Let all persons to be and for which she appointed separate chosen bring certificates, according to trustees; and after giving the residue law, from the parishes or constabuto the same uses as in the deed of laries wherein they lived, that they 1704, ordered that the trustees should were legally settled therein, but that follow the rules and directions con- if they should forfeit their right to the tained in a book of rules signed by hospital they shall be received into herself, and should appoint such per- the parish whence they came. Let sons to the benefit of the almshouse every almshody be one that can repeat as were qualified according to such by heart the Lord's Prayer, the Creed,
and Ten Commandments, and Mr. Dissenters, in order to distinguish Edward Bowles's Catechism. Let all them from others who entertain difthe almspeople, when not disabled by ferent opinions as to these important weakness, duly repair to some religious matters, and who are called, in comassembly of the Protestant religion, mon parlance (though undoubtedly by every Lord's-day forenoon and after
no very accurate description in ihat noon, and at other opportunities, to respect) Unitarian Dissenters. In attend the ordinances of God. Let more correct language, perhaps, they them be ready to attend their alms- should be called-believers in the sisters in sickness, and to assist them Unity of the Godhead, without any disby turns. Let no almsbody receive tinction of persons therein; for we preany visits on the Lord's-day, except sume that those who differ with them in in case of sickness, nor shall they this respect equally believe in the show their room to any on that holy Unity of the Godhead, although they day. Let no almsbody receive any think (and that from what they conservants into their house to hear the sider plain texts of Scripture) that reports out of the families where they such mysterious unity is not inconare or have been servants.
sistent with the equally mysterious of them be ever abused with strong distinction of persons therein. drink, nor let any behave themselves If this question at all depended on uncharitably and unquietly with one any investigation of the comparative another, by'scolding or evil language; truth and excellence of these doctrines, neither let them be busy-bodies, nor or upon a critical examination of texts tattlers, nor tale-bearers, nor wander- of Scripture (the only test to be apers about from bouse to house, but plied by Protestants in such inquiries) keepers at home ;
we should feel that this was not a swearers, nor cursers, nor liars. Let proper tribunal, and that we were not each keep their own rooms clean, and sufficient for these things. But this all bear an equal share in the charge case really turns upon a mere question of cleaning all the places of common of fact. If the Unitarian doctrines usage. Let no almsbody be found are consistent with the intention of begging from door to door at home or Lady Hewley, the decision of the abroad, or asking alms, yet may they Vice-Chancellor is erroneous; if they gratefully accept any thing that shall are inconsistent with it, the declarabe freely given them by any: and if tion he has made seems to us correct. they shall be found begging, let them The Vice-Chancellor's declaration, be expelled the hospital. None chosen in substance, is that no persons who and admitted to be almspeople, shall, deny the divinity of our Saviour's after their admission, go abroad selling person, and who deny the doctrine of bread, eggs, cakes, or such like things, original sin, as it is generally underexcept of their own manufacture; and stood, are entitled to participate in what by their hand labour they can Lady Hewley's Charity. honestly acquire at home they may There is no doubt as to the princienjoy. Let every almsbody, morning ples which are to govern our opinion; and evening, in private devotion, com- they are fuliy laid down and explained inend themselves to God in prayer, in the Attorney-General v. Pearson and in their prayer remember their and others, 3 Merivale, 400, and may foundress, Sarah Lady Hewley, while be thus shortly expressed :—The will she lives, and after her death pray for of the founder is to be observed. her trustees."
Then how is the will of the founder Now it is contended on behalf of to be ascertained? If it be expressed the relators to the present suit, that clearly in the deed or instrument of this Charity is to be confined to Pro- foundation there can be no diffi. testant Dissenters, entertaining a be- culty. lief in the divinity of our Lord Jesus If expressed in doubtful or general Christ, in the atonement, and in the words, recourse must be had to exdoctrine of original sin; in fact, those trinsic circumstances, such as the who are commonly called Orthodox known opinions of the founder, the existing state of the law, the contem- doctrines in question ? Prima facie, poraneous usage, or the like.
these would surely be the doctrines Upon these principles, then, we which she herself conscientiously enproceed to consider this case. We
tertained, and there is no reasonable may begin by laying the Church of doubt what these doctrines must have England out of the question; for, al- been. But she has more particularly though Lord Eldon says that a bequest described in her second deed, and in for the worship of God would, prima the rules she herself framed, one class, facie, be one to the Established Re- viz. the poor pious widows whom she Jigion, yet it is quite clear, from all deemed io be fit objects of her bounty, the documents in this case, that this in the almshouse which she had built. foundation was in favour of some class They must be persons piously disor classes of persons dissenting from posed, and of the Protestant religion; the Churcb.
they must be able to repeat, by heart, *This point has not been disputed; the Lord's Prayer, the Creed, the Ten but then this question arises-Who Commandments, and Mr. Edward are the Dissenters whom Lady Hew- Bowles's Catechism, and they must ley intended to benefit?
weekly attend (unless sick) some place The provision is fourfold; first, in of Protestant worship. favour of poor and godly preachers, To what class or classes of persons for the time being, of Christ's holy does this description extend? gospel; secondly, of poor and godly In the first place, it is expressly widows, for the time being, of poor confined to Protestant Dissenters. In and godly preachers, for the time the second place, it seems clearly not being, of Christ's holy gospel; thirdly, confined to one class of Protestant for the distribution of sums of money Dissenters alone, because the widows to encourage and promote the preach are only required to attend some place ing, in poor places, of Christ's holy of such Protestant worship. But in gospel, and for the education of young the third place, it seems also as clearly men designed for the ministry of intended to include these persons Christ's holy gospel; and, lastly, for alone, who, though in many respects the relief of such godly persons in differing in opinion, yet agreed in distress as were fit objects of her some points, which probably Lady charity.
Hewley thought fundamental; and we It is clear from this, that this pious know from history; that if that was lady had directly in view the encou- her opinion, she was by no means ragement of the preaching of the singular in it. What then were these gospel by Protestant Dissenters, and fundamental points? We think they that in three ways:
must be taken to be those doctrines First, by provision to preachers and which are to be found in the Lord's to their widows; secondly, by direct Prayer, the Creed, the Ten Comgifts of money for building places of mandments, and Bowles's Catechisin. worship, or endowing them where It has been argued that the only built in places not otherwise able to qualification required is the being able support a minister; thirdly, for the to repeat those by heart. But we education of youth to the same godly cannot think so meanly of Lady Hewpurpose.
ley's understanding as to adopt that These three objects have plainly in argument, We think she meant that view the propagation of some doctrines they should accept these and the which she deemed to be of importance doctrines therein contained as a rule to the souls of men; and her fourth of faith; and that they should have object was in consplete accordance them by heart in order that they with the three others, being in truth might be the more deeply impressed the relief of the professors of the same with them, precisely in the same way doctrines, in case, from their narrow and for the same purpose as the godcircumstances or unforeseen calami. fathers in the baptismal service of the ties, they should be reduced to pecu- Church of England are required to niary distress, What then were the cause the child to learn to say (which
means, to say by heart) the Creed, the truth to which they have subthe Lord's Prayer, and the Ten Com- scribed." It would seem therefore mandments, and to be further in- that he thought that the preaching or structed in the Church Catechism ; writing some of the Papist or Sociand as in the rubric the children are nian doctrines would be acting in a required to be brought for confirmation
manner contrary to the truth of these to the Bishop as soon as they can do articles, if they subscribed them. He this, and have attained a fit age. No must, we think, have referred to the one ever dreamt that these provisions second commandment
the were intended to try their memory, Papists, and to this Creed as to the and not to prove their faith.
Socinians; for there does not appear Then what are the doctrines to be to be any thing else in his proposed found in these documents ?
test to which this observation could at We may lay aside the Lord's all even plausibly apply. Prayer and the Ten Commandments, And this view of the Apostles' Creed as being matters about which all
confirms and is confirmed by the last Protestants are we believe agreed. At document - Mr. Edward Bowles's any rate, all the parties to this suit Catechism. Now, in the first place, understand and assent to them in the it is stated by all the witnesses, same sense; perhaps this may not be amongst whom are to be found some the case as to the Apostles' Creed, very distinguished divines of various which, though certainly general in its persuasions, and who all agree in this, language, has been usually confined that this Catechism is essentially Trias a creed to churches which did not nitarian, and that it can be assented doubt the divinity of our Saviour
to properly by those alone who admit Jesus Christ. It is, as we have seen, original sin and the atonement made one of the tests necessary for baptism for it, and acknowledge the proper and confirmation in the Church of divinity of our Lord and Saviour Jesus England, and certainly is, in that Christ. This would be quite sufficient, Church, by its Catechism, explained for there is no evidence on the other in a Trinitarian sense, as plainly ap- side, and we are to decide on the pears if we consult the Prayer Book. evidence. For the child there answers that he But on reading this Catechism understands by it, 1st, A belief in ourselves with that attention it reGod the Father, the Creator of all quires, and considering it, we cannot things; 2dly, in God the Son, the doubt that if we were required to form Redeemer of all mankind; and 3dly, an opinion on it we should decide that in God the Holy Ghost, the Sanctifier the witnesses have taken a correct of all the elect people of God.
view of Mr. Bowles's book. It does Indeed it is not improbable that appear to us clear that those are the Mr. Baxter also took the same view doctrines fairly to be deduced from it, of the doctrines contained in the particularly by coniparing it with the Apostles' Creed ; for when on one passages of Scripture quoted in its remarkable occasion he proposed that margin. subscription to the Creed, the Lord's We would rather, however, put this Prayer, and the Ten Commandments, part of the case on the general tenor should be alone sufficient as a test for of the whole Catechism, and the unChurch Communion, it was objected contradicted evidence, than on our that these might be subscribed by a own view as to particular passages in Papist or Socinian ; and he thought it, lest we should fall into an error on that, he says, so much the better ; some controverted question of critibut adds, “But if they were afraid of cism or theology, which are always communion with Papists and Soci- delicate and dangerous subjects for nians, it should not be by making a unprofessional divines to handle. new test or rule of faith which they Upon the whole then, we think that will not subscribe to, but by calling in the description which by her own them to account whenever in preaching rules Lady Hewley has given of the or writing they contradict or abuse widows who were to be inmates of