THE GARDENERS CHRONICLE. 
[AuGusT 18. 
a Protestant agg el rs were divided, ‘to evade th The principle of law 1s, that where s person 
« nedien, late whieh Ot ‘Trinity to > ental part of | basa paolie duty to he is a it, he has no 
ey ae 4 of the Holy Gospel of "Christ and p= discretion; and if we neglects or re . be there- 
their saith thet i. ew of the , the Legisidture by an road accrues to an fediviaenl, an action for damages is 
at te vet Po belief in the ne of the Trinity as oe: ay mr was laid down by Baron Eyre in the case of 
description of a her of Christ’s Holy Gospel, | “* Sutto eae hic in the Court of ] txchequer. In the case of 
Leone Py en who ached doctrines which denied it.” Mr. _ po at ® Turner, mayor, London,” the plainti: a candi- 
. Parke, in rence to one of the same points, observed, ‘‘ I date for be — of fp dg d the minesy def refused a poll. 
am of opinion that Unitarians, who do pot jentiously believe brought for damages, ~~ well mnonaht 
the doctrines in , and Edwe Catechism, are | This w as not t tthe rule in England alone, but moss ost pe 
excluded from the benefit of the charities of the deed of 1707 ; and | the law in =f. n the case of ‘‘ Adam Innis v y M 3 
f collect, from the answer and evidenc case, that t rates gs ainda ep ret vered damages for injuries 
of t y do not believe in the doctrine of origit | | s fa ailing into a pit in the public streets, which 
and pore yes nt in the sense in — those = 4, a a “y hen the ts were under repair. It was 
in that catechism, and ae, are not proper 3 ol ie rsd of = org 7 sted arery pees A.) Pa | 
a " c safe ey had ne s - 
this branch of the charity.” The lear od tadich ae Sees pe yt on 7 \ . et ated Se ed the 
wh “ be ad into the ob 
d nae, that the Pre sbyt nt bat & r a exercising 
les made judicial a and, brie are ery able for an error | 
pg age of judgme it aken him on trial, and then re- 
y 
ust be Protestant ; . must 
yer, Creed, Ten inbdekemdments, oo" Bowles’s Catechism, . 
and they most of course believe in the doctrines eomtalies fe the | sent case they b discret i 
ereed and catechiam. If they are Prote stants, the ough the yt trial, it was imperative on them todo so. Under uch circum 
be of the Church of England, who @ dh stances, the action must be supported. _Another objection was, 
fn those doctrines, they are admissi if they do not, Fa a t the presbytery 
inea of partaking of this branch of the charity-” ‘Upo n the in their corporate capacity ; but the appellants ha 3 joined in pre- 
same questions, | La urne s of opinion, “that per- | venting Mr. Young being taken on trial, ey had thereby caused 
sons of Unitarian be ip be are aseineee la being | the loss complained of, aoe it was a principle of law that an action 
and 
of the marie rs those ceeds. The rules and 
Hewley require that the aime. people shall ba 
aot heart (which and to mean, to repea 
pete © Lord's Prayer, ae raleedualte . the Pde 
and Bowes Catechism. Bow bag se che is inconsistent 
bellef and d rai hang a Pre serene oe ot ge 
Wittens, on the same p “Une nding as I do 
of bet foundation Py we the elle mrp Seoets ine 
which I collect to {tributed to Unitarians (though upon thie, 
not being in any deg oe inant question, I speak with great un- 
certainty), I think t ey hy ee tee Paget objects of Bas 
charities of the —_, e Coleridge said, “If I loo 
the words of aaa pce eg obi ith reference to 
who did the ¢ Mable to make compensation. — It w 
said that some ms 08 the 5 appetiant a wnak bave voted in the anlnntiier’ 
| fy had v yh oe see = er ope on be me hat might have been, so 
they 
dow on ‘he "record, and hep 
ought to 
mayor | alone, but the Cou 
lle ctvely indi 
idually, no 
ght have objected be the peas J 
as this:—The appellants h ode 
gestion that the 
egy ba the mene 
public duty whic 
r poor and godly aber 0 ms 
preachers to vdeo ns, & vn pore A in a 
ministry _ ta jc beni f and known education provided fur those 
who were ao it; but history (liscloses that none of 
ere then applicable os =o sect.” * When 
I find nthe denial of tl the doctrine of the Trinity and of the’| Was due for entering into the question at an 
rrebrciveg dh: ~ disti Paine ieatre of the Unitarians’ | he have done so not been pak the extraor interest of 
dusts Er “and that those who at | the case, a that, as t the e poin not before them, he was 
d as un- t pre to state that if if the c presbytery ‘ia d taken tees 
d 
he entirely agreed w 
ss bag ot oble and 
ceeded w the facts of the ease in det etail, 
, that the  detendants 
su va bone wors 
~~) at the wart of Lay Hewley’s 
cb sane Lo 
ews 1 cannot tre 
tong not in tend toinclude them 
interlocutor of the Cou 
constituting the Prewbytery ds y i aa <m 
bound to t ake Ears Seta, sate er of their ref va 
pr Baa, bd, Seer the 2 h tres Dolan statis own obeying i 
and preac wy of the em Nail nD, 
mestioned IAS the ae Bae ; Mer one resbery Baa prevented pot yesans fees ue , The 
ects of the char | sea srenunnveny bed of pemons pefesi penguins 
extrinsic evidence, re | o daty were dindividually. 
An exception was made in the case — eal of justice, who 
were not answerable for = pos oe se ade injurious, 
yom it followed from the n the discreti 
usted to them; but na premio pn Goecatian. as ‘eetiehens 
: fi She fons” by the I wie pe ease, a aren were bound to eee theduty, os liable to ioe 
so far hadi nbject, 4: he should of ere Fiteees non- perf 4 (The Court n, which 
on¥ to rein 0 aes aaeation ‘at any len AY Sa was the peste pee founs that the etatee wate was the 
of evicence Md ate n in the Ag urt of Chahcery ai to ee inferior court, had act od Rea ag in contravention of the 
the intention or Laey Hew es were vane on that law, and he had never heard of whic h an inferior court 
point unanimous, but still enere was MF bi to Alaa body 
par cn ee bes beached of the Cou Spas 
psa med. As regarded the Naahe question, aa of 
os ng Poe Mo te,  Cometdoted that it w was s rig ht. rusted th 
bet ar funds vey be a > = realty with me tery w 
Sy fthe Hou e whatever attached to the trus- 
Seen This: he begged Naitigcuy to toate, and, in oa clusion, recom 
mended the House to affirm the .s M,. Court below—and 
pk mt no grounds rin deviatin iy ih usual course in oe 
Lord Brousrais said oN entirely agreed 
his bis noble bind ged oe al Maeda he appeal oug Oe to bd iiemiase, 
webenrd 0 the or bc ve of it it there except the re sees clea. 
ine the ey Seal aoe wees reply wa ; my, not opini 
w 
an imperium in imperio, 
any law; and. yet this was 
s he 
lie veh Read cans ed on superior jndges for breach of duty in 
leaving. his aggre without ft STDs: a cause e Sg mate) 
resembles hop. bishop exercises is judicial 
fanetions by his officers; if ir the eye saan their Bede or 
se to perform their Rag fA Pe rg ag ay courts. interpose, 
Ceee ata the ee se of the jud the oa 
A bishop is pon rally or refusing 
clerk. By the 13th and 14th of Chevies Lis. the set of Uni- 
be received as a lecturer unless duly 
e bishop. In the case i “2 Sey King 
appli- 
calling u ve bishog Wd x- 
amine a clerk, and then, if fit, to license, Ot ait po 
refused on the affidavit of the bishop, that he pines ain ahet 
t 
to afiirm opin hoe 
learned judges had undoubtedly been of ve ee use to their 
eloseaee in Ap eae As them io the cn of ery gr those opinions 
vourable to the decree of the Goait belbwi 
ce amy cll aaid that baving argued this 
1 
nit. The ques , he brea msiog wes, — from eiv Mer 4 any 
x Valve, or co: any 
ah the Eart + capa and — “re Robert 
oy ine re Tuesday on a 
apis at 
tinea ti to receive as ‘trial wa 
ordin refusing to eet “rhe do doctrine that be tndividaal 
was liable f e illegal acts 
tor, directing . psd yurntive Ae 
to take cause | vernment, was hig o> peer a either the law of 
sorted Gx tieteatt sary, =e K Frnt Ro 2d of ae England or moaded ere was great laxity in the Scotch 
then .eenel * . tee poe! relating to pons] in England they could only be 
trial, and the other ter ge~ om be taken on Treated by Seapets or by grant fi wn; but in Scot- 
General A or most any body of persons acting together can form 
ee into a ¢ ringer unt on li “re- 
t been held that co: 
a are liable on this ection in Aces indiv = al el 
ously ‘From ouly, wry to the present time, the ts have 
Short te ‘refused to take es ups - trial, and this is tantamount 
si the bar of the House, and reported ‘Duly | breach of 
of cer hana 
16. The Lord Chancellor, after og to the facts of case, | 
said that their Lordships had t > thos to consider ther 4) 
ment, not from any inberent dificelty in the case, buton account | 
of the Dy intereas it had pier and the important rbipees 
er, 
open to the Th 
recourse for advice were __ parties who had 
oth 
involved. e point, hower clear, and it formed then: se obedien 
of the wiel » case. It was the snaniteat ae duty of the animate fit ogee rare omy. oe 
to take Mr. Young or rial. That had beet decided by the Court | aut 3 it we . bee fo ee 
, and affirmed by their Lordships on appeal. They had no h A * 
the ey were bound to Ag him on trial. 
it could not be controverted ; it admitted 
he defend ants hae not plead ieatraues, as they 
were Spor tothe former suit. The motion to refer the ‘aatter 
to the General Assembly was, therefore, nothing but ay attempt 
aaeade of 
tion of the law.—Lord Cottenham re felt great ‘ih ole 
€ manner in which the subject had ‘been treated by his noble 
to whom the | 
e had never felt that there was an y dif. 
f I duties, wi 
and learned friends. 
ficulty in the cas 
the cibenaants were 
sie 
ad arisen 
Deatigenee or iNlexal acts 
eae sona ly eee pany If, 
they continued mem 
the duties of oe body. 
Queen Amn 
werable unle 
on trial, pe me ne nig 4 hie quali. 
fication as to sateaih m9 q hodoxy, no action oan But here 
they were required as a mere mitt is os rial a take him on 
trial; they had no —— They were Jon oa Hieble for “' 
e ci 
duly qualifie 
nd to license an orthodox pets and a 
. Lords Holt, pee se repre cot piitentand fer 
Thi m was brought ee pone: 
ceeding tb 
t a body to co 
an action against chose members 
a known pedir: Sate to the law ; 
there was her: tem poratities bo united to the ‘spiritaal 
office by the law rot the land, and the civil courts recognised 
and enforced this. A bacrayergetaa of tenn oe could not be 
made by those who remained members e church, ane Mo 
bytery was under a solemn “aceon to Sal t in o 
ho In my ‘on “ne ge 
an exceeded Theis vere: the 
was clear the hardship of o not to be ad- 
mitted ; the love of power, and Grecets of religious power, in- 
poor! took possession of the hum the setting up 
ence above aba calculate to produce the me 
danperons results. 
ot alone an evasion, ae a a ciao be the law, as the 
i chur nou -rate for: a twelvemonth 
let these be an application 
ve their gee Senor to the subject; bat perseverance e in 
es late ill-ad ieee courses must lead The 
judgment of th urt below was then affirmed with costs. 
———————— 
TATTERSALL’ s Fripay.—A very attendance, and only 
three booked, namely, 17 to 1 aa fatemite and 13 to 1 agst 
and 100 to 4 agst Cabrera win- 
Artfal Dodger for the St. Leger, 
ning that race, and Philip the Derby 
MARK LANE, Fripay, Aveust 12.—Ther e has been but eee 
Whast at Market in addition to ented & anit and that co 
not be sold unless a decline of -2s. was submitte rps 
The sale of Foreign continues very limite and lower sates are 
taken ar d.—No inquiry for bonded. Barley, 
Peas, and» Beans remain unaltered in value. ae e is rather 
more ees no improvement in prices 
EEKLY IMPERIAL AVERAGES. 
Wheat. Barley.| Oats | Rye- Beans. tee 
July ye. Se AF 97,6) 917) 31.7) 4.4 : 
Sa Og et Oe ae a a Fy eS) eee ee = 3 
Ne he aoa eet 6410} 97 §| #2 9) 20 5 aon] 4 8 
ee ocak ho eee) ae edna O47 ORG Be? or 
a 20 ce .. «| 65 4| $710) gl 6). 86 5 3 1 ~~ - 
wag Os eel. Ae we ei es s4.9| 34 7 
coe kek ee a * 
6 weeks’ Aggregate Aver.| 47! 27 9} a 10, 33 10 | a9] 3 
io kee BRO teat: cA wi Behe e 36 
INSOLVENTS.— op 2. K spre iver pool hatters. 
- _ . Kenr verpool, 
BANKRUPTCY SUPEnbE i D. Howard Swallow-street, Regent 
Watkinson and W. Haigh, late of 
» We = stree ce io sae 
‘ortman-sq o-sguare, muctioneet 3 wien J snd Gre cis 
carpenters—T. coopers 
neckshire, chemist. a er pet naryonshire, ian 4 
anket manufacturer 
Vorcestehite 
wsier AW en 
pee 
ester, merchant 
ileahes egies brid ries 
yy Oldham, ars 
dam-street, Adelphi, merchant—W- Cooper, Be 
man—J. Litchfield aged bbe puilder—J. 
—J, Till, Shirley Mills, Ham re, brewer Js T. Ki 
contract 
. War i sae 
onshi: ilwa aT 
Glasgow, merchan' eee § inet Crieff, merchant A 
charset; fis 
Er smcee 
omy 
Harl pa er dy of daughter— 
ar eh e la Sir Gr Hon 
in} eens ag ate t Hon ee Teller, of rhe 10 the a int 
dy Pollock, ee ayy pe? 
a. wa Regent's. = the Bo 
en of fot Richtee noe Herts, to Buss, ay 
J. Dowling, Chief Justice of the colon the 6th ins ta Louise 
, Hanover-square, the Right Hen. Toray Wrroetan Aire oe 
eldest daoghter Fof Bir Le Russell, Bart., of Thi ~ eby rae bie nih the 
he eer. the Lord Templemore, to Laura, daughter 
a t 
—On oy sik a Faget last, the Rey. R. J. Tennan tga 
pcE a pitaiarat o of 2 Bay al Charch at Florence—O8 
gid 
is residence, Holly- yew | o1, 7. loge 
of 788 On nthe 29th Wi 
cease po ary hacketw mae, Buck! 
7 Louisa 3 a’ “Sepia raiser tot 
TF Loder 
oe 
Bi the 
es pe nen 15, 
Atm, eldest survivin 8 ‘asx 
cnr of Pioree 
ee 
aaa ee Se eet, | 
Lombard-street, , Fleet them et 
Printeg by Messrs. Bnansuny and Evans, 
the Pree of Whitefriars, i in ie Shy si oe z onden, and Fabien? Middle?) 
the Orrin, 3, Crantrs-stneet, Covent Ganpsn, in the County 0 ate the 
where ail’ Advertisements and Communications aie to be adére 
Editor,—Saturday, August 13, 1842 _ . 
