LADY HEWLEY'S CHARITIES.

New Zealander, Volume 5, Issue 327, 12 July 1849, Page 3

LADY HEWLEY'S CHARITIES.

Such of our readera as have pnid attention to the ecilcsiastical affairs of Great Biitain, must be aware that the bequests known uivler ins dcsi^niition have been metier of continued and distressing litigation for a considerable period. Ai llie legal warfare of about 18 years on the subject now seems umicably terminated, we give a brief outline of the ca*p, with an account of its present and, it may be hoped, final adjustment. The suit was instituted iv 1839 for the purpoic of administering extensive charities founded by Dama Sarah Hewley, widow and executrix of Sir John Hewley. S c, by two deeds, dated in 1704 and 1707 respectively, conveyed large freehold estatei in Yorkshire to trustees, to pay out of the rent*, &c , suoli sums to such poor and godly preachers of Chriil's holy Gospel, and to such poor and godly widows of poor and godly preachers of Christ's holy Gospel, at sncli times at they, the truitees, should th ; nk proper; and employ and dispose ot such sums of money in such, manner, for promoting and encouraging the preaching of Christ* holy Gospel in such poor places as they should think fit, and employ lueh sums in exhibitions towards educating young men for the ministry of Christ's holy Gospel as they trustees) should think fit; and as to the surplus rents and profits, that the trustees should employ the same in relieving such, Kodly persons in distress, being fit objects of Dama S rah Hewlej'a Charity, as the trustees should think ft*. She also conveyed to the trustees an almshouse, or hospital, with other hereditaments in the city and c unty of York, subject to directions which she left in writing. The immediate object of the Euit was to exclude Unitarians from being trustees of the charily, or fiom participating in the benefits thereof; nnd thu Vice-Chance. loi mide a decree in 1833 txcludingtli -in An appeal from that decree was heard by Lord Brougham in June, 1831, but his lordship resigned the great seal in N^vcorbjr of that year, without giving his judgment. The appeal was rehra'd by L<>id L)ndhursr, Chancellor, in Apnl, 1835, and he alfiimcd the Vice Chancellor's judgment... .. ..Thoi'a was Ihca an appeal brought by the Unitarian party in the House of Lords, who, in 1842, affirmed the judgment of the Vice-Chuncellor and Lord Chanc;llor The judgments in the courts below Hnd in the L rds House having only declared that Unitarians w.re not entitled to the administration of, or to participation in, the charity, the cauic was again brought before the ViceChancellor, to decide what claries of Pretcstant dietenters were entitled. The Vice- Chancellor decided that the English Independents, or Congregationalists, and Baptists, were alono entitled, and that Presbyterians, whether of the kirk or secession, were t xcluded. These were the appe'lants on the present occasion, and their case was argued by Mr. Svvanston, Mr. Malini, and Mr. Bat ton ; by Mr. Parker and Mr; Lloyd. The decree w»s bupportcd by Mr. Be'hell and Mr. Chandless; by Mr. Stuart and Mr. Rolt for different sets of respondent*. Before the arguments were concluded, a compromise was proposed and agreed to after several days Mr. Bethell, on Thursday, read the teims, to the effect that at the icquest of the defendants, and wi h the consent of the Attorney-General, the decieeof the Vfre-Chttiicellor ot England be reversed, and fat it be declared that under the word j " poor and godly preachers of Ch isi'a holy Gospel," all poor and oithodox ministers of dissenting congreg.tions in England and Wales, within the protection of the Act of Toleiation (I William and Mary) of any of the denominations, v.z., independent or congregationalist, presbyterian, and baptist, are eligible to the benefit o£ the churi'y created by the deeds of 1704 and 1707, a primary and chief respect being given to York, Yorkshire, «nd o her northern counties in England. But the above order of enumerating the different classes of dissenters is not to import any priority amonpr them. The [decree is to contain similar declaration! as to the widows of poor and godly preachers, and as to the preaching of the gospel in poor pl.ices, and as to exhibitions for educating young men for the ministry, and as to poor and godly persons in distress, and as to poor people to be placed in the hospital, being all member* of the aforesaid dissenting congregations ; and certain of the defendants desiring to be discharged from the tru-it, they aie to be removed therefrom, and on the proposal of the relators, with the approbation of th« Attorney General and content of defendunts, John P. Mills, being one of the body of dissenters called Independents, and Samnel Morion Peto, being one of the body of dissenters called Baptist*, be appointed trust tees ia their room. (Thess are what are called the grand trustees.) As to the sub-trustees, it is proposed that certain of these should withdraw, and that as many others of the three bodies of baptists, independents, «nd presbyterians be appointed in their places; and the decree is to declare that for the time to come there bhall be seven grand trustees, or grand trustees and mnnagers, and seven sub-trustees, whreof, in each, class, three shall be independents, three presbyterions, and one baptist ; and that every grand trustee or manager, or sub-trustee, who in time to come shall bu elect. d iv the room of an independent (.rand trustee or manager, or sub* trustee, shall be elected by the survive ing or continuing independent grand trustesi, and the decree is to contain the same directions as to the election of preibyienati trustees ; and that every grand trustee, or sub-ruatce, who in time to come shall be elected iv the room, or on the vacancy, of a baptist grand trustee, or sub-trustee, shall be elected by the suiviving or continuing independent and presbyteriuu grand trustees. And it wai agreed that the coits of all parties, as between solicitor and client, be paid out of the fund* in court, unmig out of the dividends on the sum if £21,125 3s. M. vested in consols in the name of the iccountinU gcncial to the credit of the cause, and that the dividends on the residue of svd sum ot cormols, nfter payment of ihe cost?, be from lime lo time paid by the aeiioununt- general to the said trus* teeb of the ch.-111'y for tlie purpose tueieot.