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    Northern Unitarian Society.

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    till the election of a Mr . Jennison by some part of the congregation , and a Mr . Griffiths by another part , which discussion seems to have ended by Mr . Griffiths keeping possession of the meeting-house and pulpit ; and I understand he was an Unitarian , and kept possession till 1804 ,

    It appears that in 1793 a feoffment was made to twelve trustees , which Mr . Maunder refused to execute , and another of the former trustees , but who had never acted , also did not execute . The legal estate thus vested in them , therefore , did not pass to the new trustees * , and in this kind of transaction the Court must have interposed , because it would never admit so

    inconvenient a thing * to the trust as splitting * it into portions . I collect their reason fur not executing * to be , that they considered the congregation as maintaining- different doctrines from the purpose of the founders . There is a doubt also , whether this conveyance was duly perfected by levy of seizin .

    The major part , however , in 1813 elected Mr . Steward , and in 1816 , upon his change of opinions , they say they called upon him to quit with the consent of the congregation , at the same time hinting that if he continued in his former opinions ,

    they won Id have no objection to his continuing * , and at any rate that be mig-ht remain for three months I repeat that I have nothing to say , or any opinion to pronounce as to < any particular religious doctrines ; but that this case must be discussed as if it were the case of common

    trust property , with no relation to any relig-ious purpose , and a case where the parties contended that that trust was diverted from its principal object . Perhaps we can easily say where the leg * al estate is vested $ but still comes the question for what purpose that estate is so vested . When a clerg-yman of the Church of

    England is presented to a living , we know his duties ; but as the Legislature of the country has permitted seceders from that church , and as it is now the doty of the Court to enforce trusts for these institutions , we must look at the deeds creating" those institutions only , to say what are the proper purposes to which they are to be applied . Where a charitable institution is founded

    01 this kind ( or say for civil purposes , in order that we may discuss the subject more temperately than We usually do religious ° nes ) , the Cotirt must see that the trustees a PpIy the fund for the benefit of their trust # nd no other 5 bnt if upon inquiry ( and I cannot find it sufficiently dear upon this

    record ) , it shall b # found that this was Originally such an institution as plaintiffs contend , theft the persons itt whom it is vested mttst do their dirty to preVent any change from the proper obj « eet ; srnd if congregations d < y change m the manner stated ,

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    though they certainly do impose great difficulties upon the Court , yet 1 apprehend that the Court must , as was settled in the Scotch case in the House of Lords , referred to by me the other day , refer to the intent of the founders , and lei that be the rule of their decision Institutions of this kind

    must not be sacrificed to the changes of the persons in whom they are vested , who have no rig ^ ht over their charge but to perform their duty to the founders . It is necessary to make these inquiries ; and in the meantime it is absurd ejectments should be g ^ oing on : and I shall therefore grant the injunction to stay proceedings till

    further order of the Court , the parties undertaking * to account for rents , &c , and refer it to the Master to inquire in whom the leg * al estate is vested , including- the leasehold ; and to inquire what is the nature and particular object with respect to

    worship and doctrine , for the observance and teaching which this institution was created , and to report who are proper persons to be trustees , subject to the direction of the Court . Mr . Hart for the plaintiffs suggested an additional order to call in the £ 200 out

    on note . JLord Chancellor . — If the Court is to call in this money , with a view to investingit for the benefit of the trust , it will become necessary to agitate the question , which

    I have avoided , whether the law stands so that the Court can lend its aid in support of an institution for supporting * Unitarianism . It is for you to consider whether you will entangle yourselves with that question . The plaintiffs * counsel did not press it further .

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    / nte $ tfyenv 60 —~ Northern Unitarian Society * 441

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    Sheffield , July 3 , 1817 . The Annual Meeting * of the Northern . Unitarian Society , and the ministers of the Presbyterian association for the midland counties of Derby , Nottingham , Leicester ,

    Lincoln , and the south of Yorkshire , was held on the 20 th of last month , at Sheffield , The Rev . Mr . Hawkes , of Lincoln , delivered a discourse in the morning ' , from John xxi . 15 , addressed principally to his brethren in the ~ ministry ; and in the evening , the Rev . Mr . Turner , of Newcastle ,

    preached to the people from Eph . vi . 24 . The interval between the services was very happily spent at the Tontine Inn , where the ministers , with many members of . the congregation in Sheffield , and other gentlemen , partook of an economical dinner .

    It was proposed , and unanimously agreed , tlrat henceforward the meeting" should be quarterly ; the first to be held at Mansfield , in the connty of Nottingham .

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    Vol , m . 3 r ,

    Northern Unitarian Society.

    Northern Unitarian Society .

• Citation
  • Monthly Repository (1806-1838) and Unitarian Chronicle (1832-1833), July 2, 1817, page 441, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/mruc/issues/vm2-ncseproduct2466/page/65/