« PreviousContinue »
(who liad incidentally touched on soine points, respecting the election, but on the merits of which, he desired it to be understood that he gare ro opinion,) declined making an order either one way or the other, thus leaving the matter to the decision of the ecclesiastical judge. Mr. Foster again returned to the charge, and again applied for a licence at the Commons, and endeavoured to persuade the judge, that the chancellor had given an opinion on the merits of the election, but the real state of things was explained to Sir William; who after hearing council on both sides, pronounced his judgment; which was to the following effect :-" That if a perpetual curate brings a prima facie title before the ordinary, he is bound to act upon it, and to grant a licence, but that if there is a controversy, and proceedings are had in another court, the judge was justified in holding his hand; that as to a licence being revocable, he stated that it was not revocable without some strong grounds;
ease of ordinary benefices; that if a person be produced to the ordinary to be licenced, and a caveat shall have been entered, he was obliged to stay his hand until he was able to grant a licence to tlie person properly authorised to receive it; that this might have its incon
but that on the other hand, there would be a serious inconvenience, should the licence be granted to. one who had no right at all, and should prove to be an intruder, receiving the emoluments of the cure, while in possession of it; that the case might go to the Common Pleas, from thence to a higher court, and from thence to the House of Lords; but that he took the general rule in such cases to be for the ordinary to stay proceedings until the title was settled; at the same time taking care that the Church was duly and regularly served, and that the emoluments were duly collected, and that the officers whose duty it was to collect the same, should have their accounts audited in the Ecclesiastical Court; that a suit was depending in Chancery, for examining into the validity of the election, and that an Injunction had been prayed for, to prevent the bishop from granting a licence; but he contended, that that court had a right to hold its hand without an injunction, and that it would have felt itself bound to have stayed on this ground alone, that #nother court was examining the merits of the case; that
the grounds adduced for the court to depart from its usual proceedings were not strong enough; that as to the temporal interests of Mr. Foster being injured, by being kept out of the living, the saine complaint might be made on the other side; that the emoluments might fall short, but then they might be received by one who had No riglat whatever; that it, as had been stated, the granting a licence would extirguish the unhappy animosities which prevailed in the parish, the court would strain a great deal to obtain so desirable an end; but he had no ground for thinking that this would be the case, but a mere suggestion of counsel, and he himself believed, that to grant the licence would have a very contrary effect; that the Lord Chancellor had refused the injunc
thrown out an opinion as to the probable result of the retusal of an injunction, but that he (Sir Wm.) could not give it that construction which it was wished he should, for that all that the refusal meant as he conceived was, that that court (the Consistory Court) would use its own discretion; and that as to the conjecture which had been thrown out, it might have been made an imperfect evidence before the chancellor, which further evidence on the hearing of the bill might overthrow; that the other party (Mr. Foster's) had another mode of proceeding open to them, and might apply to the King's Bench for a Inandamus, and to that he should give the reasons lie had then done, which if not sufficient, a licence would of course be granted, and that on the above grounds he must reject the petition on behalf of Mr. Foster.” Such being the decision of Sir William Scott, Mr. Foster and his train of followers were again doomed to return home as they came, without the licence. This last defeat however, was more unpleasant and aukward than the former ones, for they had given the world to understand, through the medium of the Christian Observer and the Evangelical Magazine, &c. that the chancellor had confirmed the election of Mr. Foster, and this information they had circulated throughout the parish; and so confident was Mr. Foster, after the hearing on the injunction in chancery that he would obtain a licence, that he - named a gentleman to be his curate at Pentonville chapel;* and on the day when he made his last appli
cation * It may not be unimportant here to state, that such was the precipitancy of Mr. Foster's desire to get possession of the Living, that Vol. VIII. Churchm, Mag. Feb. 1805.
'cation to the Ecclesiastical Court for a licence, the bells of the church were in actual readiness to announce his success, on his return from the Commons! Sir Wm, Scott, however, very clearly convinced him before he and his motley group took their leave of him, that “ they had counted their chickens before they were hatched.” In this state things at present remain. The Bill in Equity will bring on ihe merits of the Election in due course, and in the mean time, the necessary proofs which are multifarious and extensive, are preparing with all expedition.
EUSEBIUS, 21st February, 1805.
TO THE EDITOR OF THE ORTHODOX CHURCHMAN'S
MAGAZINE. SIR, As I am apprehensive the society, a plan of which I here enclose, for an
insertion in your appropriate work, is not so generally known as the design particularly merits; I hope the attention of your Orthodox Readers will be drawn to a consideration and an encouragement of it, At a time when so many Missionary Societies, Religious Tract Societies, Bible Societies, Sainaritan Societies, Institutions for propagating the Gospel at home by means of itinerant preachers, and other devices of a like kind are set on foot, and liberally supported in order to undermine our venerable establishment, it is a duty incumbent on all who wish well to our Zion to counteract them. The institution I am recommending is eridently well and seasonably calculated for this laudable purpose, and it will therefore afford me considerable satisfaction to see it strongly established and widely enlarged,
I am, &c.
The Endeatour; or, Society for promoting Unity and
Charity, according to the principles of the established Church of England, instituted 1794. THIS Society is intended to propagate the principles
T and duties of the established Church of England, by founding a library of orthodox divinity for general
on the very next day after the Poll, though a scrutiny had been demanded on both sides and granted, and though he had not even been presented to the Bishop, he addressed a letter to Mr. Lendon, signifying, that having been duly elected to the ministry of St. James's, Clerkenwell, he had made 'such arrangements as that he need give Mr. Lendon no further trouble in performing the duties at Pentonville."
As Mr. Foster had no more authority than the parish Bcadle to dismiss
use, to remedy the defect, or supply the want of a religious education; by the distribution of suitable books among the poor; the occasional relief of their distress; and by affording them medical assistance, including midwifery (with the use of child-bed-linen when requisite), and inoculation.
At a meeting of the subscribers to this institution, held at the treasurer's on November 18th, 1801, and subsequent meetings for the purpose of revising the rules and regulations of the society, it was
RESOLVED, I. That this society be entitled, The ENDEAVOUR ; or, Society for promoting Unity and Charity, according to the principles of the established Church of England.
II. That this society do' consist of a president, a treasurer, a secretary, who is also to act as a librarian, and a committee.
III. That the committee be open to, and consist of all. such persons as are qualified to be governors; any three of whom shall be empowered to act. All doubtful matters to be determined by ballot, the chairman having the casting vote. · IV. That the committee do meet on the first Wednesday in every month; a special one to be called when necessary. A general meeting to be held every six months, on the first Wednesday in March and September, with power to confirm or rescind the minutes of the preceding committees: The report of such. half-yearly meetings to be advertised in three of the public papers.
V. That the treasurer do receive all benefactions, keep an account of all jeceipts and payments, and adjust the same at the half-yearly general meetings, or oftener if required by the aciing committee.
Mr. London, so his letter went for nothing, further than as it furnished a proof of the unhandsoineness of its author's conduct towards a brotherclergyman, who had never on any occasion given him cause of personal offence, unless his having been his opponent at the Election could be considered so; and of his determination thus abruptiy and without any Previous consultation with the inhabitants of Pentonville, (more than three fourths of whom lad voted for him at the Election) to dissolve that pastoral connection which had 'for many years, so happily, and profitably existed between the much respected eurate and his numerous Hock. Let Mr. Foster compare his conduct in this instance, with the public professions he has made of his love of peace, harmony, and mos deration, and reconcile the one with the other, if he can.
· VI. That the secretary do attend the meetings of the committee, to take the ininutes, receive and answer letters, report such cases or applications as he may have received, and to act under the direction of the committee. That he have also the care of the library, which is de signed for the use of the governors, or of persons to be recommended by them, for the purpose of extending the views of the society, as diffusively as possible. He is to deliver the books to such persons as may request them for perusal, to keep an entry of the same, and to specify the time when they are returned. And also, he is to supply the governors with traets, forms of medical recommendation, midwifery letters, &c. for their distribution, whenever they may apply for them.
- VII. That the apothecary do examine into the cases of . all such persons as are recommended to him by any of the
subscribers, and if necessary receive them upon the medica} list, as patients of the charity. He is to supply them with medicine, and visit them, when necessary. Note, All persons received as patients by this society, shall observe the directions that are given them, or they will be subject to dismission. - VIII. That every midwifery patient on her recovery shall return thanks to the committee, and also, by particular order, take the first opportunity (on a Sunday) of returning “her humble and hearty thanks to Almighty God,” in her parish Chureh, agreeably to the printed form used by the society.
IX. That this society do consist exclusively of such persons (ladies or gentlemen), as are members of the established Church of England. · X. That every person proposed as a member of this society, must be recommended by a subscriber, and be ballotted for at the next meeting after nomination, and having three-fourths of the votes in their favor, shall be declared elected, and be informed thereof by the secretary. - XI. I'hat this institution be supported by annual subscriptions, or other voluntary benefactions, as donations, ·legacies, &c.
XII. That the subscription to this society be not less than one guinea annually; the payment of which constitutes á governor.
XIII. That any person paying the sum of ten guineas