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Case decided in the Court of King ' s Bench 9 on a Dissenter s Claim of Exemption from Toll on a Sunday . We wish to present our readers with a correct Register and Report of all cases which occur in the Courts of Law ,
aftant points of religion , from the unerringstandard of Divine Inspiration , excludes the peculiar tenets or catechisms which divide the opinions of g-ood men—the IJible , in the authorized version , without note or comment , being the only religious 23 ook taught in its schools 5 and thus all sects and parties may send their children to British schools with the greatest cor * - Udetice . Care is at the same time taken
to secure attention to religious duties , by encouraging the children to attend such Sunday Schools as are approved by their parents , and by requiring" proofs of their presence at those places of worship winch
their parents or friends may prefer . Children whose parents profess different creeds , Leing" thus educated together , may naturally , be expected to feel a regard for each other , calculated to obviate that prejudice which has heretofore produced much
mischief in the world , and thereby to cdnnect all the members of the community )> y the bonds of Christian . charity !"
fecting the Rights of Dissenters , and we therefore insert the following Report of the proceedings in Lewis v . Hammond , from the second vol . of Barnewall and Alderson ' s Reports , pp . 206—210 , particularly as an idea has , we know , been entertained , that the decision was of some general principle injurious to the interest
of Dissenters ; whereas it will be seen , that it was a mere question of construction of a local act , the obscure wording * of which gives , in sorae ^ respdets , as little protection to the Churchman as the Dissenter . This case will , however , we hope occasion a greater attention to the way of wording these clauses in future .
Lewis v . Hammond , Nov . 23 , 1818 . This was an action brought by the plaintiff for money had and received by the defendant to his use . PJea , general issue , " The cause was tried before Holroyd J .,
at the last assizes for the county of Wilts ^ and a verdict was found for the plaintiffs , damages 10 . and costs 40 $ ., subject to the opinion of the Court , upon the ' following" case :
" By an act of the 37 O . III . there was directed to be taken at the several turnpikes erected by virtue of that act , the toil of 5 rtf . for every horse drawing any carriage , with the usual power of distress in case of non-payment . The act contained a proviso , that no toll should be
demanded or taken for the passage of any person or persons residing- in any township or parish in which the roads lay , goingto and returning- from their proper parochial church , chapel , or other place of religious worship , on Sundays , or attending * the funeral of any person or persons that should die and be buried in the saint
parish . The plaintiff was and had been for a longf period , an inhabitant of Mowde one of the parishes in which the roads mentioned in the act Jay , where there wits a parish church . During- all that time , he had been a member of a congregation of Protestant Dissenters , whose place of
religious worship was at Devizes , and a regular attendant at , and contributor to , such place of religious worship , which tvas found hy the jury to be his proper place of religious worship . On Sunday , 20 th April , the plaintiff , with his family went in a taxed cart drawn by two horses ,
from his houjs *} at Rowde , to the meetinghouse at Devizes , for the purpose of attending , and did attend the celebration of divine worship there . He went thither by the direct road , and returned direct to
his own house , and in so doing- passed through a turnpike g ^ ate in the parish of llowde , being one of the turnpike gates erected by virtue of the act . The meeting-house was in the parish of St . Mary , Devizes , and there \ vere two intervening
58 Intelligence . —Claim of Exemption from Toll on a . Sunday .
Mr . Chairman , I beg pardon for trespassing so far on the patience of this respectable assembly ; only entreating that you would act as Christians in this momen tons business , by observing the golden maxim of our blessed Saviour , of " doing to others as you would wish they should do unto you 5 " and remembering the solemn asseveration of the apostle Paul , that without love or charity , the profession of any or of every religion is nothing * else than sounding brass and a tinkling * cymbal !
You will please to excuse my having " sat whilst I have addressed you , owingto an affliction in my lower limbs- —a circumstance known to most of vou . Indeed , borne in amongst you this evening- by my two sons , I am reminded of my name-sake
the venerable apostle John , who , living * ( as ecclesiastical historians tell us ) to upwards of a hundred years , was used to be carried into the primitive assemblies , with wrinkled countenance , only to lift up his withered hands , and utter from his aged and quivering lips , Little children , love one another !"
The Chairman , who had presided with the utmost impartiality , then put the motion— 4 < That the children of the school should not any longer attend Worship-Street Chapel ;' when it was negatived "by thirty-eight to eighteen , a more than double majority .
Monthly Repository (1806-1838) and Unitarian Chronicle (1832-1833), Jan. 2, 1819, page 58, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/mruc/issues/vm2-ncseproduct1768/page/58/