the former Act, and a meeting was directed to be held in the Town-Hall of Bedford, for the election of trustees by the ballot, notice being given, however, in the parish churches, that such election was to be held. The Act then prescribed the form of the oath to be taken by the trustees, with regard to which he should observe, that it certainly contemplated that Quakers might be elected trustees, if they chose, only by giving their affirmation instead of their oath. The Act also prescribed, that if any "of the powers of this Act should be found to be inconvenient, that then, if any doubts should arise on its nature and importance, such doubts should, by a petition, be referred to the person or persons holding the Great Seal, which Court had full power to hear the same in a summary way, and the orders made by the person holding the Great Seal were to be final." It was further ordained, that, in the event of the trustees having misde. meaned themselves, then the AttorneyGeneral might, either on his own account, or at the instance of others, complain that the funds of the Charity were misapplied. Surely, when the Act of Parliament specified the individuals to be rewarded, this was to be borne in mind. The school was the place, and also the manuer was pointed out where education was to be taught, in which the children were to be instructed. The Act fur. ther prescribed, that all the children born in the town of Bedford should be taught in such manner as the master, with the approbation of the trustees, should think proper. The ninth resolution ordained, that the Warden and Fellows of New College should appoint Visitors, &c. and that at least three scholars should enjoy the privilege of having £40. a-year each, as exhibitioners at either of the two Universities. All the other funds being thus applied, the remainder, viz. £800. yearly, to poor maids, which sum was to be given them in equal shares, to be drawn by lot; a residue to be given to poor housekeepers, and the rest to female servants, who had for five years lived in the town of Bedford. Such were in general the provisions of both Acts of Parliament; and, after looking into all the affidavits, it ap peared to him, that, till lately, that is, within the last thirty years, no resistance had been made to Jewish appli cants. He had now before him, however, the affidavit of Isaac Lyon Goldsmidt, a Jew, who declared that he was an elder in the Jewish Synagogue of Duke's place, and that in December he wrote to the mayor on the subject, stating that he understood some difficulty had arisen on the subject, but that the Jewish nation had already, to a limited extent, enjoyed the benefits of the Charity. The jetter also stated, that the writer had recently been told, that Jewish applicants were refused, but that he doubted whether such information was accurate, the Act of Parliament relative to the Charity having been acted upon for fourteen years. The letter further said, that it hoped the time was now come, when man would act with charitable views and friendship to man, whether the applicant wor shiped his Creator in the church, the chapel or the synagogue. By the bye, on this point he might say, that much had been stated at the bar relative to the Act of Toleration. Much as he respected that Act, he must say, it was not at all concerned here; but in reference to what was said in the let ter of Mr. Goldsmidt, he must say, as a judge in that high Court, that when a judge in that Court was told that there was not and should not be in the administration of public justice, any difference between him who wor shiped in the church and chapel, and him who offered up his prayers in the synagogue, such a judge ought always to remember, that, by the blessed providence of Almighty God, the Chris tian religion was happily a part of the law of the land, and as it was such part of the law, he must apply to it such just construction as the Acts of Parliament prescribed. An answer was sent to the letter of Mr. Goldsmidt, by the mayor, in which it was declared that the trustees had indeed admitted the child of Michael Joseph to a participation of the benefits of the Charity, but that finding that the number of Jews were on the increase, they (the trustees of the Charity) doubted whether such persons as Jews could be admitted, and on this they took the advice of a very eminent equity barrister, who advised them to resist the application of Jews, and at once apply to the Lord Chancellor, as Keeper of the Great Seal. Such were the facts laid before him, (unworthy as he was to hold the very high situation, which for seventeen years he had enjoyed by the favour of the Sovereign,) and he would now give his final judgment. The letters patent of Edward VI. founded this school, in which, as in all the grammar-schools founded by that lamented and pious young monarch, great pains were to be taken to instruct the youth in the principles of the Christian religion. It was, as it seemed to him, impossible to say that this monarch could have contemplated Jews as the objects of this bounty. No one could say this; and how could it be said that the Acts for regulating the Charity could be intended to vary the objects of it? "I hope," said his Lordship, "that the day will never arrive, when the teachers of our charity or our public schools, or in fact any persons professing to teach others, will forget that the beings whom, though children, they are appointed to teach, are creatures destined to eternal bliss or everlasting wretchedness; and sure I am, that in my most important situation, I do best discharge my duty, by pointing out to all who come under my charge, whether young or old, that they are beings destined for immortality, and bound as such to act as the candidates for that high and eternal fame. Let parents, let teachers unite in this important cause, let them teach their children to lock up to Almighty God as their God and Guardian, then, sure I am, our Criminal Code would not be polluted by the hideous list we have so often cause to deplore." this school, there were various affidavits on both sides. The first, in support of the application, was that of Michael Joseph, a Jew, who stated that he had two sous and seven daughters, all born in Bedford; that both his sons had been admitted into the Charity-school, the eldest having attended the writing-school, and the youngest both the writing and the grammar-school; that his two eldest daughters were married, and that they had both received the marriage portion of poor virgins. It appeared from this deponent's affidavit, that no Jew had ever been admitted into the hospital or alms-houses. There were also the affidavits of Joseph Lyon, Godfrey Levi, and several other persons, to the same effect; and the result of all their testimony was, that as far back as thirty years ago, a few of these children had been admitted into the school, but that none of the Jewish persuasion had ever participated in the benefit of any other parts of the Charity. The first affidavit on the other side was that of Dr. Bryan (we believe) the master of the grammarschool. He stated, that each boy attending the grammar-school was taught the Latin language, and that when he had made some progress in the study of Latin he began to learn Greek; that in studying the latter language, the Greek Testament was the book chiefly read till the boys had acquired considerable proficiency in the language, and that every boy in the school was instructed in the Christian religion. He said, that on his appointment in 1811, he found Nathan Joseph, the son of Michael Joseph, at the school; that the said Nathan Joseph learned only the grammar of the atin language, was not more than a year at the school, and attended both the writing and grammar-schools; that he was required to It was proper always to bear in mind that this school was originally founded by Edward VI. as a grammarschool. He believed that in all such schools, great pains were taken to educate the youth in the doctrines and principles of the Christian religion; indeed, he himself remembered the time when, in some parts, at least, the boys at grammar-schools were attended to church on Sundays by the masters. Now, as to the practice at VOL. XIV. 4 H dispense with this boy's attendance at morning and evening prayers, it being contrary to his religion to join in Christian worship; that he was also required to dispense with his attendance every Saturday, that being the Jewish Sabbath; and that he complained of the boy's frequent absence to his father, who said it was necessary on account of his being of the Jewish faith. The next affidavit was that of the writing-master, who deposed, that no Jewish boy had been admitted into the writing-school since his appointment in 1814; that all the boys in his school were instructed in Christianity, read the Bible and New Testament, and learned the Church Catechism. There were also similar affidavits by the masters of the hospital and of the preparatory school. With regard to such regulations for the conduct of the school as rendered Jewish boys inadmissible, his Lordship remarked, that there was nothing either in the charter or in the Acts of Parliament that prevented the War dens and Fellows of New College, Oxford, who were the visitors, to make whatever regulations they might think conducive to the benefit of the school: and he apprehended that if, in the exercise of their visitatorial authority, they made regulations that excluded Jews, their decision must be submitted to. It rested with this College to make what regulations it pleased, and it was impossible for him to say they did wrong in making such as supposed a belief in Christianity, in tracing out a plan of education which would render persons eligible for entrance into the Universities, which was one of the objects of this Charity, an object impossible for a Jew to contemplate. If the school consisted partly of Jew boys and partly of Christians, he did not think it possible that two such systems could go on together. It was impossible that a Jew boy could comply with the regulations made by the visitors for the purpose of carrying on the grammar-school in such a manner as to preserve the boni mores of the scholars, which the charter declared to be one of the principal objects of the school. "I am of opinion," said his Lordship, "that the education to be carried on at this school is such that the parents of Jewish children cannot comply with, if they wish their children to partake of its mary benefits. I admire the Toleration Act, and I also admire the idea of every man being allowed to worship his God according to the dictates of his conscience. Yet philanthropy has its bounds, and when I see by the affidavits, not only of the Grammarschool Master, but also of the other teachers, that the son of Joseph was absent from prayers, and from reading the New Testament in the Latin and His Lordship then, at very great length, went into all the affidavits of the case, and observed as follows:"I see that whatever boys are in the school, are to be there at a certain hour. Surely the Jews will not say that their children can be always there, for they have stipulated that their children who enjoy the Charity shall be absent on all holidays, and never allowed to read the New Testament is English, Greek or Latin. I have no hesitation in saying, that when the Jews who lived in Bedford granted their consent to their children to attend this school, they could not cofscientiously (as I believe they acted in all this case) permit their sons to attend the school at time of prayers. or reading of the New Testament. I admire the system of Christianity; 1 look on all its ordinances with high delight and awful reverence; and I look to its venerable founder as the almighty Saviour of our degenerat race, and through him I hope for the amelioration of our species, by ther truly penitent conduct.* I am, on the whole, decidedly of opinion that Jenish boys and girls cannot partake of th petition, but I may only say, that I do and hereby most solemnly declare my judgment, that this Charity was never intended for Jewish parents or children, the law of our blessed Redeemer shewing the contrary, and I must refuse the petition. To Almighty God our warmest gratitude is due for the gift of his adorable Son as our Saviour; and how Jews can join in praising God for such a gift, (for great it is,) without abjuring their religion, appears to me inconceivable." Let the trustees be paid their costs out of the estate. I think the first petition must have been dismissed for want of any jurisdiction of the Court, had it not been for the second petition. This is a most important petition, and you may all rest assured it bas occasioned to me much anxiety, as my decision, by the Act of Parliament, is final. I dismiss the petition, but I do so after most painful consideration on every iota of the case. It is a most important petition, and perhaps one of the most important which I ever heard; and I mean that the order should not be drawn up for a fortnight as there is no appeal from my judgment, and I would not therefore shut out the parties from communicating any remarks to me that they might think of importance. Charity. The deed prescribes, that prayers shall be offered up both morning and evening, and surely, I need not say, that in such prayers no Jew can join. As to the other parts of the Charity, let me only say, that if it is clear that Jewish boys cannot partake of the Charity of the founder, then no more can candidates for the other benefits of the Charity. The object of the royal founder proves to me, that he intended the Charity to be solely for Christian persons. As to the alms-houses, it is required that the holders should attend public wor ship on a Sunday, or be dismissed. I know it is said that Jews have no objection, and indeed make a practice of having their worship on a Sunday, but could this be the kind of worship contemplated by the founder? As to the Charity for maidens, the very name which maidens were required to give in (their Christian names) as candidates for the bounty, shewed that Jews were beyond the intention of the founder. It had been said that the words Christian names' applied as well to Anabaptists as to Jews. This was no doubt a formidable objection, but the more it was examined, the more feeble it would ap. pear. It is true, the Baptists do not see the same necessity as we do for early baptism, and they, therefore, postpone it to a later period of life, COURT OF KING'S BENCH, Wednesday, but they give their children a name in early years, which I am sure no Jew would mean to give. I revere the holy ordinance of baptism, and I look on its due observance as a pledge of Christian faith to our blessed Lord and Saviour." He was aware it might be said, that a Christian name did not necessarily mean the name by which a person was baptized; but still it was used in contradistinction to a surname. This he was ready to admit, when the distinction was applied to the names of a person professing the Christian religion; but still he thought that a Christian name was something that did not belong to a Jew-something to which a Jew could not lay claim, that the word was at any rate used in some sense that could not be at all said to apply to a Jew. He, therefore, could not consider the Jewish girls entitled to become candidates for the portions of poor maids. "I need not go into all the facts of this JUNE 30. Iron Coffins. [See p. 275.]-It will be recollected, that a rule was obtained by Mr. Chitty calling on the churchwardens and sexton of the parish of St. Andrew, Holborn, to shew cause why the body of Mary Gilbert, the wife of Wm. Gilbert, a parishioner of that parish, should not he interred. Cause was now shewn, and it was contended, that the minister and churchwardens were not bound to admit iron coffins. On the other hand it was insisted, that the right of being buried in the church-yard of the parish was a common law right, and that no objection could be raised on account of the materials of which the coffin was made. The Court after having heard the arguments on both sides at considerable length, delivered their opinion, that this was a tion, and that they could not interfere. It matter entirely of ecclesiastical jurisdicappeared by the affidavits that the minister and churchwardens had not refused to inter the body in a wooden coffin; and although the Court, in aid of the canons of the church, might grant a mandamus to com, pel the minister to bury the body, yet they had no jurisdiction to say that the body should be buried in a particular way. The rule was accordingly discharged. CONSISTORY COURT, YORK, JULY 22, Deprivation of a Clergyman by the Archbishop of York. Bradford and Whitley v. Neesom, Clerk. THIS was a suit at the instance of John Bradford and George Whitley, chapelwardens of Pateley-bridge, in the parish of Ripon, and diocese of York, against the Rev. William Neesom, clerk, curate of the perpetual curacy of Pately-bridge aforesaid, for his profligate life and conversation, the crime of drunkenness and neglect of his ministerial duties. The defendant had been upwards of thirty years cuiate of Pateley-bridge, and the articles admitted against him state, that he had, for several years past, been addicted to gross, habitual and excessive drunkenness -had, at diverse times, been drunk while performing divine service in the chapel of Pateley bridge-had, in the same chapel, and elsewhere, uttered indecent, impious, profane expressions--and bad also at sundry times refused to perform the duty be longing to the curacy when required. The articles were fully proved by many respectable witnesses, inhabitants of the No defence was chapelry, and others. offered. The ARCHBISHOP addressed the Court in a short but eloquent speech, with great energy and feeling, and concluded by pronouncing and declaring the said William Neesom to be altogether unfit and unworthy to serve the said perpetual curacy of Pately-bridge; and for his crimes and offences aforesaid, decreeing him to be deprived of the said curacy; and the same, with respect to the said William Neesom, to be vacant to all intents and purposes in law whatsoever. Legal Reforms. Some of the violent admirers of every thing customary laugh at the poor Americans, who can have no justice because their judges and advocates have neither gowns nor wigs. It appears, however, from the following report in the Times newspaper of an occurrence at the Lancashire Assizes just concluded, that lawyers themselves are beginning to think that legal wisdom and forensic dignity may exist independently of the man-milliner and barber. The gentlemen concerned must lay their account with being accused of innovation and Jacobia designs. ..“ Tuesday, Sept. 14. Mr. ATTOR pressed a hope that the time would come when these mummeries would be thrown away. In precise accordance with this prediction, all the counsel who still remained appeared this morning in court without any professional badges." RELIGIOUS. Taunton Fellowship Fund. Ar a meeting held in Mary-Street Chapel, on Sunday, 24th January 1819, M. Blake, M. D. in the Chair, it was unanimously agreed to form a Fellowship Fund Society. The Rev. H. Davies was appointed President, and Richard Meade, Esq, Treasurer and Secretary. The rules by which the business of the society is to be conducted, and the objects which it is designed to promote, are nearly the same as those of similar institutions in different The unanimity A considerable parts of the kingdom. Exeter Fellowship Fund. SIR, Sept. 14, 1819. AT a late meeting of our Fellowship Fund Society, August 8th, the recommen dation of the Loughborough and Mount Sorrell Fellowship Fund Committee having been taken into consideration, it was una nimously resolved, that "this Society feels warmly interested in the case of the native Unitarian Christians of Madras, and that should any practicable plan be proposed for promoting the Unitarias cause in that quarter, it will readily con tribute towards the undertaking." It is the wish of the Society that this resolution should be inserted in the Monthly Repository, in hopes that it may be a means of furthering a useful and benevolent object. WILLIAM HINCKS. Unitarian Chapel, Oldham. SIR, Manchester, August 9, 1819. IN the Repository for 1816, [XI. 497,] there appeared a general statement of the receipts and expenditure connected with the building and completion of the Unitsrian Chapel at Oldham. It is the wish |
