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replied, “I have nothing to give you ;" but feeling instinctively in his pocket, he found therein to his great surprise a small packet containing six florins, and an image of the virgin. Of course this could be nothing else than a veritable godsend, which was given forthwith to the lucky beggar, who trudged off well pleased with the prize. As it turned out, however, the worthy curé, dressing himself in the dark, had slipped into his guest's inexpressibles; and scarcely had the unexpected bounty been gratefully acknowledged before the shrine of Our Lady, than the appearance of the monk to claim his habiliments unveiled the mystery. God will repay thee, brother," said this charitable host ; and the traveller pursued his journey.

The rebuilding of the church of Notre-Dame-de Finisterre commenced in 1618, but it was not completed until the year 1712. A dome, surmounted by a lantern of copper, was added in 1828, and the entablature over the Doric portal was only finished in 1830. In the interior, the perfect symmetry observable in the architectural details, and the quiet light which is shed over the whole building, produce the most delightful effect upon the beholder. Twelve columns of the composite order, and resting on marble slabs, support the roof, and separate the nave from the aisles. The pulpit, by Duray, is finely sculptured. Above the maitre-autel, which is in the form of a tomb, are two angels, supporting the Ark of the Tabernacle; and over the stalls in the choir are medallions of the twelve Apostles, painted by Van der Heyden, whtch can scarcely be surpassed in beauty of design and richness of colouring.

At Ghent, where the Beguines are more numerous than in any other part of Belgium, the Conventual Church is a Gothic structure of very great antiquity. It stands in the middle of a sort "close, surrounded by old and irregular buildings; and is well worth a visit, especially at the time when the nuns are at their devotions. About 400 of the sisterhood, habited in their peculiar costume, and kneeling with their faces buried in their hoods in front of the altar, present a very striking appearance; and the music which accompanies the ceremony of the salut is generally selected from the most approved compositions. The interior of the church is especially remarkable for its extreme neatness, even in comparison with the universal attention which the continental churches receive in this respect.

· In the Flemish churches generally, and in those of the Beguines in particular, the stranger's curiosity is forcibly attracted by the waxen figures of the various limbs of the body which are attached to the walls, and hung upon the arms, or about the necks of their favourite saints. These singular objects are the votive offerings of individuals seeking the aid of a saint in curing some malady affecting the particular member there suspended ; and it is difficult to repress a smile at the sight of the legs, and feet, and eyes, and ears, like the limbs of so many wax dolls. Tosuch an extent ofabsurdity is this practice carried, that little waxen pigs are sometimes offered, in order to obtain success in the fattening of a litter of young grunters. Sometimes the niche in which the offering is suspended is lighted by means of tapers, fixed on a stand something like a music-desk, and ornamented with garlands of flowers. Ridiculous as all this mummery is, to Protestant feelings it cannot fail to be highly disgusting.

LAW REPORT.

No. XL.-LADY HEWLEY'S CHARITIES.-(Continued from p. 232)

ATTORNEY-GENERAL v. SHORE AND OTHERS.

JUDGMENT.

case

easy.

LORD LYNDHURST. This be clear and precise, — clear and was originally argued before the late precise in the language and in its Chancellor, in the presence of two application,—the course of the Court of the judges. Circumstances to is free from difficulty. If, on the which it is not necessary that I other hand, the terms which are made should particularly advert, prevented use of are obscure or equivocal, either that noble and learned lord from in themselves or in the application of pronouncing any decision upon it. I them, it then becomes the duty of the regret that the parties were deprived Court to ascertain, as well as it is of the benefit of his judgment. The able, from extrinsic circumstances, case was afterwards argued before what was the intention of the founder me, with the assistance of the learned of the charity,—in what sense, and judges who are now present. It was with what view, the particular exargued with great ability and learning, pressions were used. It is a question and every thing was urged at the bar of evidence, and that evidence will that could throw light upon the sub- vary with the circumstances of cach ject, or that could properly be sub- particular case. It is a question of mitted for the consideration of the fact, to be ascertained, and the Court. For myself, I certainly could moment the fact is settled, the applihave wished that I had not been cation of the principle is clear and called upon to pronounce a decision upon such a question ; but the parties It can scarcely be necessary to cite on both sides have expressed a wish authorities in support of these docthat I should decide it, and I have trines; they are founded in the felt it my duty to comply with their plainest principles of common sense request.

and justice ;-but if it were necessary It must be satisfactory to those to quote any authority upon such a who are interested in the case, that I point, I might refer to the case which have bad, upon this occasion, the has been already mentioned – the assistance and advice of judges, so Allorney-General' v. Pearson, and to much distinguished for their intelli- the case in the House of Lords, which gence, experience, and learning. It was cited at the Bar. Throughout is highly satisfactory indeed to me, the judgments, delivered in those not so much from any difficulty that cases, these principles were acknowexists in the Case, as on account of ledged and acted upon by the noble its importance to the parties who are and learned lord who presided, and interested in it; and I may add, also, whose experience in Courts of Equity, on account of its importance to the and especially in questions of this public.

nature, was more extensive than that I agree entirely in what has been

of any other living person. I look stated by the learned judges, as to the upon it, then, that these principles principle upon which this case must are settled, and that they do not be decided. In every case of charity, admit of doubt or controversy. . whether directed to religious pur- What, then, was the intention of poses, or to purposes purely civil, it the foundress of this Charity? what is the duty of the Court to give effect the objects and the purposes to which to the intention of the founder, pro- it was directed? We look at the vided this can be done without in- Deed of Foundation, (I refer to the fringing any rule of law. The principle Decd of 1704) and find that the is uniformly acted upon in Courts of objects were to assist poor and godly Equity. If, as the learned judges preachers of Christ's holy gospel; to have stated, the deed of foundation assist poor and godly widows of the

VOL. XVIII.

NO. y.

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same description of persons; to pro- evidence. It is proved that she
mote and encourage the preaching of attended the chapel which she herself,
Christ's holy gospel in poor districts I believe, built, and in part endowed,
and places; to assist in the education -Saint Saviour Gate Chapel,--and
of persons intended for the ministry which is admitted to have been a
of Christ's holy gospel; to assist poor Presbyterian Chapel. Doctor Colton,
and godly persons in distress: those the preacher at that chapel, was an
are the ohjects of the Deed of 1704. acknowledged Presbyterian. He was
The Deed of 1707 provides for the her religious adviser; he was the
maintenance of ten poor persons in executor* to her will; be preached
certain almsbouses that were founded her funeral sermon. All these cir-
by Lady Hewley. The rest of the cumstances lead satisfactorily to the
property is directed to be applied to conclusion that she was in her opi-
the same objects as are mentioned in nions a Presbyterian.
the original Deed of 1704.

This being so, the next question
This is the substance of the pro- that

presents itself is, What were the visions of the two deeds, and the first doctrines and opinions of the Presquestion that arises, and, indeed, byterians of that time? upon this also almost the only question, is this :- I think no reasonable doubt can be Whom did the foundress of this entertained. The Presbyterians of Charity mean to designate by poor that day objected only to those and godly preachers of Christ's holy Articles of the Established Church gospel ? and what were the principles that relate to matters of discipline and doctrines of which she in- and church government; they did not tended to encourage and promote object to any of the doctrinal Articles the preaching?

of the Church of England. It is It may be said that the expression stated by the witnesses, and there is

poor and godly preachers"- is no contradictory evidence, that they clear and precise; but it is admitted were believers in the Trinity and in on both sides, as well by the relator the Doctrine of Original Sin, as conas on the part of the defendants, that tained in the Articles of the Church it does not include ministers of the of England. If we go further, we Established Church. However poor, find the same points, to a degree at however godly and pious, they were least, admitted in the answers of not intended to be included; it is so Mr. Wellbeloved, and others of the admitted by the parties, and rightly. defendants. “ Very many,” they say, It appears, therefore, that the terms “ of the Presbyterians of that day

poor and godly preachers' are to be believed in the doctrine of the Trinity.” taken with some limitation, some The admission is qualified indeed by restriction; and the question, there- the terms “ very many,” which admit fore, is-What are the proper limi- of some latitude of construction; but tations and retsrictions in this in- coupling this with the evidence, I am stance?

justified, I think, in coming to the It is important, in the first place, conclusion, that the great body of the to endeavour to ascertain what were Presbyterians were, in their opinions, the particular religious opinions of Trinitarians. Lady Hewley, the foundress of this But that which appears to me to Charity. There can be no doubt that be decisive upon the subject is a she was, in her religious faith and document that was referred to in the opinions, a Presbyterian. It is a course of the argument; namely, the matter of history that she was so. It Heads of Agreement entered into is admitted by the answer of Mr. between the Presbyterians and the Wellbeloved, and others of the de- Independents in the year 1691. In fendants. It is proved by the evidence the eighth section of those heads of in the cause; by the testimony of agreement, entitled, “ Of a Confession those respectable witnesses to whom of Faith," they say that “ they hold the learned Judge has referred. It is either the doctrinal part of those, not contested by any contradictory commonly called the Articles of the

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Church of England, or the Confession this, what are the probabilities of the or Catechism, shorter larger, case? It is well known that the compiled by the Assembly at West- principles of Unitarianism were at minster, or the Confession agreed on first not only very coldly received, but at the Savoy, to be agreeable to their were listened to with aversion, and rule of faith and practice.” That even with disgust, more particularly document, therefore, appears to me among the laity. Lady Hewley, at to be decisive upon the question, the time to which I am referring, was because the articles to which they a person advanced in life: is it proreter, namely, those of the Church of bable then that she should have England, the Contession, the Shorter adopted these opinions; that she and Larger Catechism, and the Con- should have deviated from those who fession agreed on at the Savoy, all surrounded her, and in whom she had contain expressly and distinctly Trini- confidence, upon points which, in one tarian doctrines.

of the documents before me, are If it were necessary to proceed stated, I think, by Dr. Kenrick, to further in this case for the purpose of have been considered by all churches showing what were the opinions of the as essential ? Presbyterians at that time, I might There is another consideration that refer to the Act of Toleration. It is presents itselt, arising out of the situawell known that the Dissenters were iion and character of Lady Hewley. consulted in framing that act, and She had attracted much attention; that they were satisfied generally with she was a person of great piety, of a its provisions. But we find in the certain rank, of great and extensive seventeenth section, that no person is charity. It must have been known, allowed to preach, or is relieved from it would have been a subject of the penalties for preaching imposed general notoriety, if she had enterby forıner Acts of Parliament, unless tained these opinions. It must have he subscribes the Articles of the come down to us as a matter of Church of England, with the exception history, had she entertained Unitarian of the 34th, 35th, 36th, and part of opinions, as in the case of Firmin, the 201h, which do not relate to who reseinbled her in the benevolence doctrinal matters, but merely to of his disposition and character. But Church government, and matters of it is not necessary to rely upon prothat description. Upon the whole of babilities in this case; we have direct this evidence, I am satisfied, (and I evidence of the fact. The witnesses think no reasonable doubt can be en- who have been so often referred to, tertained upon the question, that the declare that she was a believer in the great body of the Presbyterians, as Trinitarian doctrines, and upon this well as Independents of that period, point, as upon the others to which I namely, about the commencement of bave referred, there is no contradictory the eighteenth century, believed in evidence. the doctrines of the Trinity and of If we advert to the answers of Mr. Original Sin, contained in the Articles Wellbeloved, and others of the deof che Church of England, and other fendants, what is it that they say as documents, to which I have referred. to this point? They do not deny that Was Lady Hewley, then, an exception she entertained Trinitarian opinions, to this general rule as to belief with --that she was a Trinitarian in her reference to these doctrines? If she beliel; on the contrary, they say that was a Presbyterian, and the general " they have heard and believe that doctrines of Presbyterianism were very many of the Presbyterians of such as I have stated, it seems incum- that period were Trinitarians; but, bent upon those who would contend save from the probability arising from that she was an exception as to the such circumstances, they cannot say general belief, to produce some evi- whether she, in her religious belief, dence of the fact ; ibe burden of proof was a Trinitarian." They admit, is upon those who would make that therefore, the probability of her harassertion or suggestion. But waiving ing been a Trinitarian, which is in

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substance to the same effect, though that when Lady Hewley requires, as not so strong in the expression as a qualification for those persons who what Mr. Wellbeloved is reported to are to be admitted into the almshouse, have stated upon this subject to the that they should be able to repeat by Commissioners; for in their Report heart Bowles's Catechism, she must they say that “ Mr. Wellbeloved be taken to have assented to the concludes, from Lady Hlewley's attend- doctrines contained in it. If so, the ance at the chapel during Dr. Colton's evidence is clear that she was time, and from the general state of believer in the doctrine of Original religious opinions at that period, that Sin. And if we may rely upon the she did not entertain what are com- testimony of the witnesses who state monly called Unitarian sentiments.” that this is a Trinitarian catechism,

But the evidence, as to this im. then that also establishes the fact of portant part of the case, does not rest her being a believer in the doctrine of here. Dr. Colton is aduritted to have the Trinity. been a Trinitarian: no doubt is enter- The facts, then, which I consider as tained upon this point. Dr. Colton ostablished, are these: that Lady must have been a Trinitarian, because, Hewley was a Presbyterian, and that as he was the preacher at St. Saviour the Presbyterians of that period were Gate Chapel, he of course subscribed believers in the Trinity, and in the the Articles agreeably to the 17th doctrine of Original Sin. I have section of the Toleration Act; and further satisfied myself that Lady we cannot presume that he would Hewley was not an exception to the have subscribed those articles fraudu- general belief of that class of Dissentlently, more particularly when we ers to which she belonged, but that consider his character for learning she also was a believer in the same and piety. Dr. Colton, therefore, doctrines. was a Trinitarian; and, as I have This, then, being the case, we are already stated, he was the preacher at prepared for the more satisfactory Lady Hewley's chapel. He was ber consideration of the next question, adviser in religious matters; he was namely: What did she mean by the executor to her will; he preached godly preachers of Christ's holy her funeral sermon, and in that sermon gospel ?” “What were the doctrines, there is the strongest evidence of the the preaching of which she meant to double fact of Dr. Colton himself promote and encourage? Is it reabeing a Trinitarian, and of Lady sonable to suppose-is it at all proHewley, with whose sentiments he bable, that she intended to found a was intimate, entertaining also the Charity and to bestow her property to same opinions. Never, therefore, was promote the preaching of doctrines there a stronger body of evidence directly at rariance with her own leading to any conclusion than this, to opinions? and this not as to suborshow that Lady Hewley did not dinate, and trifling, and formal matters, entertain Unitarian opinions.

but with respect to points that have But further. There is a document always been considered by every which has been adverted to by the Church as essential, and which she learned Judges, namely, Bowles's herself must have so considered. Catechism, and which was much relied When I say points which have always upon in the argument at the bar. been considered as essential, I am Passing by the question as to the not using my own expressions, or Trinity, (although the witnesses who relying on my own opinions alone; are conversant with the subject state they are the expressions and the that Bowles's Catechism is to be con- opinions of a very learned person, sidered as a Trinitarian catechism,) Dr. Kenrick, one of the defendants in this at least is clear, that the doctrine this suit. In the sermon lying before of Original Sin is contained in that me, he says, “ If others have estacatechism in the most clear and dis- blished a distinction between those tinct terms. I agree entirely with essential articles of faith which cannot what the learned Judges have stated, be rejected without perdition, and

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