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-fectotyi decisive and ^ meqiiivoc ^ i <> i > Mons ttti ' uny of these jpdiittsj w should not be at liberty to go furtber : each ? party has quoted many passages from those writing * in support of each side of these questions , and they have also resorted to the other writings of Mi \ Wesley , arid to the still * iiore persuasive evidence of his acts .
" As to Mr . Wesley ?* having exercised the power of holding divine service'in church hours , 1 thinly what has been read fronV the fifteenth volume -of his works is ^ nkeSdecisive . This reduces the matter to ^ fche two remaining questions : and as to them , they hare proved , iii severa l ^ instances , that Mr . Wesley authorized layinen ( not episcopatlly ordained ) to ^
administer the sacraments 5 nine for America , fjiree for Scotland ^ and three for England generally . 1 fhe exercise 6 f this poweV by Sir . Wesley , therefore , seems to me to-be clear , and the same power , though perhaps modified in some respects , is now assumed by the Conference , and I cannot , therefore , draw an inference from these facts , different from the Master ' s .
" The next question is , whether this trust be in itself an illegal trust 5 and certainly if it were against the provisions of any statute , the persons claiming under it could have no redress here . " Looking * into the Aet of Uniformity , particularly SSect . 13 , preaching is as ; illegal as administering * the sacraments ^ it is
liable to T > e followed by an imprison ^ n en t for three months , and the other is prohibited under a penalty of one hundred pounds . That Methodists hare been considered as coming within the Act of Taleration , I think is plain ; no case has been found to the contrary * and that case that
was referred to from 3 Burrow , is strong to the point , but the ^ statute 6 th Geo . I . C 5 . Sect . 3 , 10 , 15 , is quite express , and leaves no doubt on the subject . The parties have always acted accordingly : they have registered at the Sessions , and ' taken out licences as these laws require 9 therefore there is nothing illegal in this trust . ¦¦
• •** The- remaining consideration is with respect t 6 the costs . - ? < " I think the application to set aside the report must be refused with costsy for where & . party appeal ^ from ^ thc decision
of the Master on a matter of fact submitted to him , and the Court ' think the appeal unfounded , t \ iat party must | my the costs . But upon the rest of the case , I conceive these ' trustees cannot be deemed
to ' iiave committed > a ; breach of duty in ptrttMig- the question into a course of inquiry i They had < a right to call on the petitioner to shew that lie was their eestui que t ^ uBt .-H- ^ H-I conceive in quiry was p ^ opefj and , therefore , each party , ought ito pay his own costs of that part of tlie proceeding . .: t : .:: ¦ ' / ; ¦ j •« -r « ¦»<•> < - ^\' . "\ -
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" It remains otily to consider-whether the tr t * stees ¦ ough via I be - renoro v * d < Tedh ^ . nicaily-speaking ^ thej ^ have heed guilty > ' of a breach of ^ sty for the Master- ^ Unidsfj that a gentleman , ( who , I dare $ &yj nH ^ y bea very unexceptionable man ^ MrJW ^ st , was appointed > by the trustees , aud still
continues to keep possession of the chttpef , and though it was reasonable ljiat > the chapel should be kept opeuy and the « aotive of the trust ^ es was "fa ir and h onest , yet they exercised' a po we r whiiih they had no right to exercise , and which amounted to a breach of trust * . - ^~ : ? »'
" I haye x had great doubts w ho should pay thecosti of appointing hew trustees , but 00 the best consideration I could 1 give it , 1 th in k the pe ti iioner ough t . to pay these COSts / ' : . - ' ¦ : ;< . -. ¦¦ ' !¦ . ¦ ¦ - ¦;; . - . - - , ¦ > ¦ , ; '
¦ His Honour made an order for remoTing the trustees accordingly . ¦•¦ ; ., ? . ¦ > Alex . Crookshank ; and Francis Cruise , Solicitors for petitioner . Peter M'Donagh and Thomas Black , Solicitors for respondents . ^
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Intelligenbe ± * --Miscelianeous . Hlasphe \ ny . _ WtQ
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Miscellaneous . ' Prosecutions for Bl < Zspheiny .- ~ OnT ; x \ - day the 12 th inst . Mn % /^ , bookseller , * of Cow-cross-street , West Smithrield , was arrested on a judge * s warrant , for seilihg Paine ? s A &e < yf Reason . A cor respondent
having taken ^ oftence the manner m which we spoke of'the proseciitiaa of Mr . Carlisle iov the same offence , p . 64 , we think it rig-lit to say , that none of our constant readers can be unacquainted w ith out * opinion 011 the subject of the maintenance of lelifirion by the civil power . We
have a * aih iand again ex pressed our conviction , ( which indeed we express in the paragraph to which we have referred , ) that Christianity is able to stand in its own strength , and that penalties against its opposers and revilers are direotly contrai ^
to its own precepts ; To admit lhat argument can hurt religion , is to allow that its truth is doubtful . Biit unbelievers may not reason , but only scoff ! i ! Thes Jess pb-wer , then , will they have against asysterti which is founded on reason .. , But
whatever be the effect of their writingrs , it is certain that the New Testament sanctions no other proceeding- with regard to them than that of argum ^ nt , tetiiOnstnihce and- persuasion y and every other proceeding' is ; incompatible w | ith ; religious ¦ liberty , which . ro ^ sins « otb * nij » , if 0 it do ; no £ include the liberty of rej # ) QtJMfr religiojn .
. Such is our deliberate jvdgmtti \ t , > u ^ at the same time , i we ^ eenarowrselye ^ qiite consistent in > reprohw-tiii ^ suclr works a ? iPaine ^ s Age of JReatfou * j ^ J ? ic ^ abounds fn absolute falsehoods and profane jeets , and in lebuking- the foHy of puMifibgrs who 9 3 * 3 the law vbow stands , eubjic ^ $ h > i »^ eiy # to puubluoeut for Ilie safe ; o / © Mch tHR ^
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Citation
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Monthly Repository (1806-1838) and Unitarian Chronicle (1832-1833), Feb. 2, 1819, page 129, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/mruc/issues/vm2-ncseproduct1769/page/61/
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