IMAGE EVALUATION TEST TARGET (MT-3) // fe % K/jf 1.0 ^^ i I.I 1.25 25 t US, 2.2 2.0 lllllM 1-4 III i.6 V2 ^ /}. A '^i O'/W/A Photographic Sciences Corporation 33 WEST MAIN STREET WEBSTER, N.Y. MS80 (716) 872-4503 # A^ '^v\ ,V V % -^\ ;\ % CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques Technical and Bibliographic Notas/Notas techniques et bibllographiques The Institute has attempted to obtain the best original copy available for filming. Features of this copy which may be bibliographically unique, which may alter any of the images in tha reproduction, or which may significantly change the usual method of filming, are checked below. D Coloured covers/ Couvertura d« couleur □ Covers damaged/ Couverture endommag^e □ Covers restored and/or laminated/ Couverture restau'Ae et/ou pellicul pellicul^e tre de couverture manque lured maps/ Cartes g^ographiques en couleur Coloured ink (i.e. other than blue Encre de couleur (i.e. autre que bleue ou noire) Coloured plates and/or illustrations/ Planches et/ou illustrations en couleur d with other material/ avac d'autres documents □ Cover title missing/ Le ti I I Coloured maps/ I I Coloured ink (i.e. other than blue or black)/ I I Coloured plates and/or illustrations/ □ Bound with other material/ Reii* D □ D Tight binding may cause shadows or distortion along interior margin/ Lareliure serree peut causer de I'ombre ou da la distorsion la long de la marge intdrieure Blank leaves added during restoration may appear within the text. Whenever possible, these have been omitted from film^g/ II se peut que certaines pac > blanches ajout^es lors dune restauration app .'aissent dans le texte. mais. lorsque cela itait possible, ces pages n'ont pas M filmtes. Additional comments:/ Commentaires supplementaires: L'Institut a microfilm* le meilleur exemplaire qu'il lui a at* possible de se procurer. Les details de cet exemplaire qui sont p«ut-*tre uniques du point de vue bibliographique. qui peuvent modifier une image reproduite. ou qui peuvent exiger une modification dans la m*thode normale de filmage sont indiquAs ci-dessout. □ Coloured pages/ Pages da couleur Pages damaged/ Pages endommag^as □ Pages restored and/or laminated/ Pages lestaurees et/ou pelticui^es \y j Pages discoloured, stained or foxed/ I ! Pages d*colorees. tachet*es ou piquees □Pages detached/ Pages d*tachees 0Showthrough/ Transparence Quality of print varies/ Qualite in^gale de I'impression □ Includes supplementary material/ Comprend du materiel supplementaire □ Only edition available/ Seula Edition disponibli D isponible Pages wholly or partially obscured by errata slips, tissues, etc.. have been refilmed to ensure the best possible image/ Les pages totalement ou partiellement obscurcies par un feuillet d'srrata. une pelure. etc., cnt 4t6 filmies i nouveau de facon a obtenir la meilleure image possible. This item is filmed at the reduction ratio checked below/ Ca document est film* au taux de reduction indiqu* ci-dessous. 10X 14X 18X 22X 26X XX 12X lex aox 24X 28X J 32X ^-j^msM^m^^im The copy filmed here has been reproduced thanks to the generosity of: Tha Nova Scotia Lagislativa Library L'exempiaire film« fut reproduit grtce A la ginirotitC de: Tha Nova Scotia Lagislativa Library The images appearing here are the best quality possible considering the condition and legibility of the original copy and in keeping with the filming contract specifications. Original copies in printed paper covers are filmed beginning with the front cover and ending on the last page with a printed or illustrated impres- sion, or the back cover when appropriate. All other original copies are filmed beginning on the first page with a printed or illustrated impres- sion, and ending on the last page with a printed or illustrated impression. The last recorded frame on each microfiche shall contain tha symbol — ^ (meaning "CON- TINUED"), or the symbol V (meaning "END"), whichever applies. Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as manv frames as required. The following diagrams illustrate the method : Les images suivantes ont «t« reproduites avec le plus grand soin, compte tenu de la condition at de la nettet« de l'exempiaire film*, et en conformity avec les conditions du contrat de filmage. Les exemplaires originaux dont la couverture en papier est imprim«e sont filmte en commengant par le premier plat et en terminant soit par la dernlAre page qui ^omporte une empreinte d'impression ou d'illustrition, soit par le second plat, selon le cas. Tous les autres exemplaires originaux sont filmte en commenpant par la premiere page qui comporte une empreinte d'impression ou d'itlustration et en terminant par la dernlAre page qui comporte une telle empreinte. Un des symboles suivants apparaltra sur la derniire image de cheque microfiche, selon le cas: le symbole -♦> signifie "A SUIVRE", le symbole V signifie "FIN". Les cartes, planches, tableaux, etc.. peuvent Atre filmte i des taux de reduction diff«rents. Lorsque le document est trop grand pour Atre reproduit en un seul clich«. 11 est film* « partir de I'angle supArieur gauche, de gauche k droite, et de haut en bas, en prenant le nombre d'images nAcessaire. Les diagrammes suivants illustrent la mAthode. 12 3 1 2 3 4 5 6 V ^OVA SCOTJ4 PROVINCE HOUSE Jiir)r,MENT D<liT»rad on tke 14th Oeotmber, IBM, by J HE MASTER OF THE nil; CAUSE Of JAMES MEIAIN, Complainant, PPEll, and others, Trustees under llic Will of > ,L/ ^ "S n, late of l,iverpool, \..S., deceased. \ ^^*^»%«1w «; 'Hmt ■Gfmplf., The Hon. Jae. VV. Johnston. Solicitor for the CompU., Charles Twiniriff, Bm» Defils., William Voung, Eaj. Solicitor Jbr the Defdls., George R. Vonng, Bi^< ■ -iHne was argued before me on the t)lfi,.and lllh oi November last, by Mr. * tluiston for the Complainant, and Mr. ,. .,,.. i .Young for the Del'endants. . vjb,tia)fe carefully considered it and am now l«*ronounce the decree of the Court. The Complainant filed his bill on the 19th of September, 18-50. The material facts, as Ftolfect them from the evidence, are as kfiloyrs : Jaises Goreham, who died in 1841. by his last will and testament, made the following devise: " And whereas it is my earnest desire to sustain ini perpetuate the Church in the town of Liver- pool, of whicii myself and Mrs. Goreham are members, usually desifinated as the Liverpool Congregational Church, and to preserve in their parity the docti ines, ordinances, and discipline, now reoofrDized by its members, especially in reference to theordinance of baptism, .is at present adminis- tered to all subjects, as well as adults; and moreover to contribute to the repairs of the Church, and to the support and maintenance of the Rev. Mr. Melvin, the present officiating minister and his successors In office. I do. therefore, for these purposes, pive, devise, and bequeath, unto Freeman Tnpper, N*teon Freeman, Joseph Payzant, Fady Phillips. and Henry Payzant, and the survivors of them, and to their successors, to be appointed as herein- after tneationed, all that certain lot, tract, piece, ^-ind pares] of land, now occupied by the said ^Heverend Mr. Melvin, bounded northwardly by ^o iane leading to the property of Mr. Henry Payzant, weslwardly by the ro.id leading from the Jain road to Ship Yard Point, southwardly by a flne commencing ten feet from the southwardly eomer of the dwelling house erected thereon and ectending thenoe to the rear line of said lot, and riWHM by the fence as it tww stand»; alao, a)| Itot cortaia; ptber lot lately " * J0B^D^#dJMl souihern line of laat described premises, weMwanli' ly by the road leading to the Ship YanJ F»fai, southwardly by the main street, and eastwaiilv< 38 the fence now runs, with all the Doildinga rini> appurtenances. To Have and To Held the i^* Hesctibed lots unto the said Freeman TopMff Nelson Freeman, Joseph Payzant, Fady PhiHipsy and Henry Payzant, and the snrvifop* of ilMMf' i and their successors in office. In uust nevanbtw less, ihu they my said trnstees do end shall fluA» I and permit the said Reverend Mr. Melvin, dnilMF I the time and while he sliall continue the MiniWEt of the said Church, to occupy, possess, aiid «njaj>,' the last described premises, and from and imnaiJ ' diately after his decease and other termination K«f his ministerial connection with the said Choicb^ to permit and suffer such other person as shall be elected and chosen, as hereinafter menti mad, lo officiate as his successor in such ministry, to ihlT«- the like possession, use, occupation, and enja>^'> ment thereof, and so with all future snceaasMa, as a vacancy by death or otherwise aball arise, and upon this further trust that my said tmataes do. from time to time, lease, for the highest lentahat can be obtained for the same, all and singular the premises first above described and now in Uie occupation of the Rev. Mr. Melvin, and the r«tm arising therefrom to apply from time to tirng,"M far as it may be necessary, for and toward dte repairs of the said property.' But it is njy 9^St, and I do hereby direct, that in case of the dai^li^f the said Reverend Mr. Melvin leaving ^^S^jJk, surviving, my said trustees do and shalf sulBtiad permit his widow to occupy and enjoy ^MTpt^ mises, directed to be leased as a foresaid ^jrM'^ rent, so long as she shall continue unmanJIpT 1 do further give, devise, and bequeath, itotO,yje said Freeman Tupper, Nelson Freenn^^ ^fimth Payzant, Fady Phillips, aqd Henry Pvi^^hl^ their successors in office, as afoi^^d, tl«^i|p a^ seven hundred |;ounds. Ip Jiifc.uev.e''^ :.#^ ' f'y; 1 Ktl iw* S^'^X *■■■ )• I ^*1 rail oil the SMiiit aiid reinvent it, anil tiie iiiicrckt arising tliKrelruiii tu pay anil apply at follows : a ■tfta not exci'ediiig twelve pounda ui and ot, and for keeping up the repairs ol' tliR meeting house and the dwellini; hoiiae and premises, lu be uccn- pied as aforesiiid, hy the Hev. Mr. Melvin, as before mentioned, and his supcrssors for the time being in the niinixtry of the said Church, and the residue together with such rent as may fiom lime to lime remain alter the necessary re|)air9, upon the properly now occupied l)y the Kevcrend Jaiiie!> Melvin, for and towards iliu support and inainie- nance of iliu HeNercnd Mr. Molviii. so limp as he shall continue such Minister of the C'oncTcsiaiional ''hurch, and his successors in said office tor the time being. It ig my further will and (lt>U'.'. ihai ihfi foregoing iirovisions shall exinid to iiti\ niher ('ungregalional L'hurcli wiiicli iiiav he ererud in Liverpool by liie meniliers thereof, in case ihc present buiidinp be liisiroyed !iy fire, or oilier accident; and fiinhcr more, thi^» Trubi is upon condition that whenever it shall lie necessary lo make choice of. or displace the Miiiiyter for such congregation, that Uie Maine he done hy a maJoritN of the members of the (.'hurch, and ol such person^ as shall have contributed for at least one vear pre- vious to such acts, for and niwards) itic iiiainte- iiance and support of the Minister, aii<l liave usually attended his public services lor the same period. And I do hereby further order and direct, that when and.»o soon as either of rav said irus- ices named for and behalf of tlie Tempfrance Hall, and for and behalf of the Coiigresaiiona! C/hurch, respectively, shall bapf)en to die, then iho survivors, or the majority of them, do and shall fortiiw'iib nominate and appoint a siiiTissor to fill lip sudi vacancy, in whom tn^eiher with such survivors siiall vtjt all the powers and autho- rity appertaining to such trusts hereiiibt'l'oru men- tioned and expressed, and so from time to time as often as a vacancy shall arise, and tor this purjiose that a record shall be kept and preserved of all their proceedings tousbing the fxecuiiou of said Trusts, and the appointments to fill such vacancies. " He subsequenilv aJiieil to ii ilie io'il(l\^•ln[.' eadicil : I give the sum of four thousand poniuls |Pivablo after the death of my w ite to the Tnisiees, and lor the uses hereinafter named, tiiat i.^ to say to the Chief Justice of the Province of Nova Scolia. and his Buccessurs in offic-e, and to the Treasurer of •aid Province, and hl.s successors in office, and to the Reverend .lames Melvin, while Minister ol the Congregational Church at Liverpool, and his siic- ••rssors in the said office, and to William Sterns, William B. Taylor, Freeman Tupper, Esfjuires, and Mr. Nelson Freeman, and in ca.se of the per- mament absence, and of the death of either or any of the said last named tout persons, then to the surviving andcontiuueing trustee, and such person r>r persons as they or a majority of them shall from time to time nominate and appoint to supply »ny Buoh vacancy or vacancies, in trust and to and tor the uses and purposes follow ing that is to say. To k9<'p thp Slid sum of four thon-anH pcnnds I securely inustpii iipoii iiilur''tt lo the tin* In si ,id- j vantage, and the interest dividend* xiid produre j thereof to pay and apply as follows, that is to ««« : 'J'he sum ol sixty pounds to the haid named ' Jami-s .Melvin while he remaiiitt .Minister of the ! Congregational Church at Liverpool, and in case I he should be incapacitated by age or ill health I from preaching, eighty pounds annually and in the last mentioned caee Kighty pounds annually to an assistant .Minister of the said Cjiutch, so as such assistant shall be a preacher ol the doctrines of ihu said Coniirrcalional Cliutch. and shall confunn to the articles and covcnanis of the same Church as now Kstablished at Liverpool and alter the said Mr. .Melvin shall cease to be such .Minister as aforesaid iiy death or otherwise then one hundred and iwenly pountls annually to •uch .Minisier and .Ministers as may iVom time to tirne be chosen by liie nimibers of the said ('hiirch, and shall faith- fully seive in such (jffiee being preacher of the UiJClrines of ttic said CoiigregationaK hurch as al I'resi'iii held, and coiiformiiii; to the articles and coveiiatits thi'reof as now esiablislipd. A further .slim 111 tweiity pounds for the Mipporiof a Sunday .School in coiineclioii with tbo said Church, to be paid til the Mitiirier, and such persons as shall ho named by the said Church or a majority of iheni, and to be paid and expended aniiiially in the pur- chase of books and tracts for the use of the said School. And iwent\-five pounds annually tu the Briiisi) and ForpJu'ii Uible Society in London, upon con- dition tliat one Ijalf the amount ri'iiiitted shall annnaiiy be reairned in Bibles and 'I'estamenis to the Queen's County Au.xiliary Bible Society, for (li.siril)Htion by that Society. And twenty-live poiindt. annually to Mrs. Ann Mehiii, alter the death ot her husband, the said Rev. JaiTies Melvin, in case she shall survive him, during her widowhood. And also, asiniicii as may [>e reqiuri'd for keep- ing contiiMially insiircd apaiiist fire and nlher acci- dents usually insured ag:ain»t, eight hundred ptuiiids (111 tla; meeting house and four hundred pounds on the Minister's house of tiie said (.'ongregatinnal Chiircli at Liverpool, and as may be required for kei'tiiiii; iiiiise buildings in rejiair. And all or any the residue and remainder of the said iiilerrsi, dividends, and produce of the said four tlioiisaiid pounds, for and townrds the educat- ing one vr more youn^ inm, from time to lime, for the niinis'.ry in the said Congregational Church at iiivciprrd. It is my intention that these several annual pruvisions foic!>oing, shall be in addition to whatsoever may be given in my will, for the same or the like objects or usts. " This James Melvin i*: ihp Cotnplt. At the instance of tlie Testator, he removed in 1S36, to Liverpool, and look the pastoral ciiargp of the Concregational Church there; uhivii '-hnrpc then and sincr has fomptised peryotis hnldinjr Cnncreeational prinripjps, residing tit Liverpool, jSlilton, Beach y]eTi- dow? and Herring Cove. Its Pearon'^ were ( ^ (liosLH by ilie Chuicli meuiberi rcsiJing at ihe«e places, and in the yenr 1917 Jamc» Clements of Liverpool, Geo. McLeod of Herring Core, Wm. K. Freeinnn of .Milton, iind Samuel Kinney, were the Deacons. Tlie manitL'emeni of ilie afl'airs ol the Church belonj; pxclii-ively to the mule com- municants, who are railed members o( the Church. Of this Churcli, from the time he , asjumod the charge of it, until the end of I the year 1946, the Complainant cominued | 10 be the Pastor; respecied by bis pcojde ; ! 'liligenl in his office; of irreproachable cha- j racter ; the father of a large family of four- | teen children ; the husband of an atTectionaie i wife; the Mrs. .Meh-in ineriiionrd bv the Testator. How Iiia pastoral relation ti) this Church was contracted, how long it was to continue, or in what manner, or bv whom it might be dissolved, is not proved." No ver- bal or written contract was entered into with bim at any time durioir the above period, nor does it very distinctly appear in what manner his income was raised ; bni 1 gather from the evidence that it was by the voluntary contributions of the members of the Church and congregation annually subscribed. To 'he yearly amount of those subscrip- tions, after Goreham's death, the interest on the ;£700 (less that jioriion of it required for the repairs of the meeting house and Minis- ter's house in Li'erpoo!), was probably added. Gorcham s devise, whether intended pri- marily for the Church, or primarily for the Complnmant, operating in fact as a'diminu- tion the of yearly contribuiiou?. The Defend- lints are the Trustees under the devise of the £700, and they paid the annual produce of it, (less the amount vecpiired for the re- pairs above mentioned), to the Complainant, tintii the end of the year 1S47. Since then ihey have withheld it from him, nlleginfr that he lias ceased to have interest therein. To inforce the payment of it is one of the principal objects of this suit. The prayer of the bill is as toliows : " That your orator may, by the decree of this (;ourt, be declared liie Pastor of the said Congre- rrational t'hurch, and as such Pastor entitled to all the rights, privile^'cs, and immunities thereof, and also, to all the behefiis desismcd for said Pastor by the said will of the said James Gorham. And that an account niav be taken ol the arrears of the .laid annuity, since the last payment thereof 10 your orator ; and also, an account of the monies expended by the said Trusteea, or anv of them, in o* about the repairs of the said Congregational Meeting House at J,ivcrpooI ; and also, the said •IwellinL' house ; anrf al*n. what «ij im rflmainn be e»||..aded ihereon. in the haiidn ol t|,a Tru.iw And that lh»! »Bid sum of seven hundred pou^ may lie decreed to be invested by the said Trusr toes, upon some permanent and safe security And that the said Defendants may be decreed to pay to yuur orator li.e arrears that may, upon such account being takw, be found to be due lo your orator ; and also, the same, from lime lo time, as it shall hereafter become due and payable. And tlial such directions mav be f-iven, as re- gards the investment of the said sum of seven hundred pounds, under the order of this Court an will ensure ibe punctual pavment of the said an- nuity to your orator, and Ins successor in office nerealter. -And that the baid Defendants may be decreed to pay lo your orator all the costs sustained by him 111 liie premises and incurred in this suit bv reason ol the default of ti.e said Defendants. ' ' And that your orator may have such other and I urtlier relief, in the premises to which he mav be deemed entitled, to the same extent as if pariict* larly prayed for, as to your Excellency shall seem meet and agreeable to equiiv and shall be good consciiiiicc." " It appears tiiat the Complainant was a widouer ill the early part of 1847, for in that year he married his present wife, who IS the sister ol Freeman Tupper, the sisler- in-law ol Henry Payzant, and the mother of Jacob Whitman, three of the Defendants, none of whom are members of the Church. In the year lS47,(it is not disiintly stated when, but 1 think ii must have been about July) the Complainant left Livierpool on s missionary tour, from which he did not return until Saturday the 9th of October. During his absence, his wile originnied and propagated reports injurious to his moral character. Wha: the charge made by her was, is not specified, but it must have been that of incon- tinence. During his absence, also, otbe- rumors were i.i circulation. Some of the witnesses say thai they had been in circula- tion before he left on li'is tour, but that none, such were in existence before the end of the year 1846, is clear. These rumors related principally to his being deficient in discipline and unsound in doctrine. It was said that his teaching leaned towards Universalism and that he had circulated Universalisi tracts. During his absence, circumsiance.s occur- red which resulted in a meeting of a number of members of the church, immediately after his return ; and, as these circumsunces have an important bearing upon the case, I will examine them at large. •v,?)^" A Km rnoni IS i;v;ura nis period 1 \ ihc Rev. James Gallaway a iMiiu>t(.'r ol ilu- l•ongrt'galio^ali^'l union u{ England and Wales liad visiied Livi rpool, and I'rcachod 111 the Coni,'rei,'aii()nalisi Mueling House ihcfK'. He again cainc to Liverpool in the month nt fSepienicer and left it before the defendant's reinrn. While there throe of the four deacons, vi/. James Clements, George ^IcLeod, and William H. Frcetnan applied to him for advice as to didicuhies, which tliey repre.sented to be exisimii in the church in relation to the complainant, and a meeting was arranged between him and the deacons which occnrred &hf)ri!y after- wards. It was there determined that if po.->ible the complainant should Ije induced lo lender his resignation ; and with this view the Rev. Mr. Gallaway was rcipiesied to aildiess a letter to him. A day or two afterwards he prepared one accordingly, which I will now read. liivKRPOoL, itiept. "ifith, 1817. Pffir Bfolh(r, — Having heen in Liverpcjol duriiip the last two weeks, you wdl naturally suppose that I have heani many rumours and opiniens res- pecting your position here, and the matter of your (■ontinuance in this sphere of Christian labor. In compliance with the wish of the Deacons, 1 have met with them to advise them what course to lake. 'The unanimous opinion of the Deacons is, that It will be best for all parlies, yourself, yonr faniilv, the Church and Conjjresatioii at Liverpool, for you to relinquish your pjesent connexion with the people here. In this opinion, from all that has been told nne, 1 concur. At the same time this opinion is not fcuinded on the truth of the rumours which have In iti circu- lated respectinfr yon. The Deaeont; do not crtdii them, I do not credit them, nor docs the Cliurcli credit thera. 1 believe there is stnaiL' sympathy in your favour ; and yet it is a i;(n(r<il, perhaps unanimous, opinion, that your usefulness is duno at Liverpool; and that it will he better for you, as well as for then, fur ynu to kksiu.n. I believe that if you wore to tender your resig- nation It would be accepted, and yon would re- ceive an honorable testimonial, signed by (he Church generally. On receiving such a testimonial, your brethren 111 the Province would exert themselves to secure another and an eligible sphere of labor for you. In New Brunswick there is a Church which is in want of a Pastor. There is a Minister's house attached to the Chapel, and the people have en- gaged to raise eighty pounds per annum. The Union will be able lo add sonielhing to this amount. Mv dear Broiher, I deeply ympalhise with you, I am convinced that vou are an injured ■,:ir.\. .-.:: ^\^x::i^y^■ :;■,•l^•:.•■ ■: ;• ■ :::s-;;-n Miiiiii that IS r.'ii.M d agaiiiii vou j.i re. uoulil \\\\\' an injurious t'll.-et. In all respects, iiuic vuu have svnipnlby in vonr favour, noie yon ran get an bunorable tesliinuiiial, and heia'e vou may li\e in be ii.seful, rcspicted, and happy, ni aiiiMlier sphere of labor. Vours airectionately, (Signed) J. c. (;alla\v\v. This he hande<i open to George iMcLcod, who read it as did nl.'-.) W. II. Freeman, and it was by him $• alcd and given to Jaiiict Clements lo be presented to Comjilaiiiaiu. James Clemenis did so, and became only a- ware of its contents, from the Qomplainani's mentioning them to him on liie day he deli- vered it to him. At or about the same time that Mr. Galla- way prepared it nt the request o! George McLcod and W. H. Freeman, ho jirepared (and handed ip George McLeod, who gave it to VV. H. Freeman) a draft of a resolution to be moved the purport of which was that the Church should get anoilierpastor. When the reijiicst lo prepare this resolution \\a> made, neither James Clements nor iSamnel Kinney '-vas present, nor were they aware that it was intended thai such a paper should be prc|iared. It was then arranged by these Deacons that a Church meeting should be called im- mediately after Complainant's return, lo in- vestigate the reports against Complainaiii'a moral character. After this letter and resolution had been ilms prepared, Messrs. (iallaway, Freeman, and llcLeod. called on iMrs. Melvin ; but what took place does not appear. On ;he Satiirtiay after the Complainant's return, viz- : Uith October, 1S47, a Church meeting was held m the meeiing house at Liverpool. The notice that it was to be held was given at a prayer meeting ; none was published on the previous Sunday Ironi ' the pulpit of the meeting house, nor was any notice sent to the members id' the Church at Milton, Herring Cove, Beach Meadows, or to those members of the congregalions that resided at those places- Neither Mr Gallaway nor the Deacons had any communication with the Comph relative to those proceedings ; nor did they or any of them, apprise him that the draft ol the resolulion hail been prepared by Mr Gallaway- jNor did they take any stop.'- to ascertain the sentiments of the Church or congregation generally, before ihcy were prepared Thii meeting eon.i.Mcd of revcii .--.. ^—^ ._i.. -f ,u- n\ u I ,1 mMi^ t rt, 'h iiaviiiy ;i--"!iil.i. (i, -fill lu llic <'orniil.iiii:ii.ls li.iiiNe niul rcijuiriMi ili... ;iii.Mi(!Miu-e ol' liiinscK .Mill wilf. 'I'lie KiUer iiiiiic iiiul wiilnlrcw llie clinr^e she iiuci made, ;is>ertiii;^, on ilie taiih ol her hushai.'l'-i nsnirim.-o, her l)eiiel' in tiis innocence. Tlie t'oiiiplaiiiaiii ihcn appf-areJ, state! ihat no p^■r^nll could cli.i;^'.' Iiini with any- thing imiiroper, but added that his character was injured by the re|)oris, and K-avinn; with iheiii a paper, of wtiich this is a copv, with- drew : l.ivLRi'ooT,. O.-Kibpr Iflth, 1847. To the ( If/la r.< fiiiil Mtin/i> )•.< ,//" fhc ( 'on ::i;- ■Rational Chiin/i iif J.ivcrjinnl, .\. S. Dear Brptliren in Christ, I <lo lirrehv, in ihn name and fear (iCiIih l,mii, amc'Mlilv in liie advice of the Deaciiii, and tlui R, v. Mr. (Idhiway, ask tny ilisiaussKiii iVoin tliis Clniicii.aiid [.lav that the f.ord may send you a pa.M.ir itiat nr.iv prove a !ilc.fsii|fr lo tins Church. N our ali'cclionali' p:,sIor. (Si-:,.ed; .lAME.S MnLVIX. The assemblage iiimiediatelv and (wiili :he exception of one) UMaiiimoii-^Iv accepted ilns as a resignation of tlie Complainant's '■harge, and declared the pastoral relation be- tween him and the chu.ch at an end. The resolution for this purpose was verbal, there was no record made of tiie proceedings, and none were reduced to writinir. \o specific charg-e was preferred, nor was any other business transacted at the meeting. The persons, of which it was composed, were church members, resident in and about Liver- pool, and did not comprise those of the other districts. Some time in the next month, (November) a larger meeting of tiie members of the Church and congregaiion took place, at which i: was resolved, that the proceedings of the lirst meeting were illegal, and that die Com- plainant should remain Pastor as before. I have not been able to ascertain accurately the numbers present at this meeting, nor is it important, as there must have been more] than twice as many as those who first assem- bled, the majority for retaining Complainant being fourteen at least, and at this time there ' were belv/een seventy and eighty male mem- bers of the Church and congregation, who contributed to his support. One of the conditions on which he was to be retained, was that he should take back his wife, who was not then living with him- He did this, and she was living with him at the time of the next meeting, which took place \ February, ia46, and which, for the sake of' distiriciioii, 1 .shall call the council incctiinj. .No public notice was given of this Novem- ber meeting, but iriformaiion. that it was lo be held, was given " by one person tolling another'' From this period iiiiti! February, 1S48, the Complaiiiaiit continued in the perform- ance of his duties as usual. j Fn this monili the meeting house in Livcr- Ipool was locked up, and thcreafier until the lini.? of liiiiig his bill, he ha.s in Liverpool I preached in the Mission house there, in wiiich I he still CO. 'nned to reside, and in the other i slmions a.-s he had always before done. Early ill February and before the council ineeiiiig tool, place," the Kev. ,Mr. Tomkins, , then .Minister of the Congregational Ciiuroli at \arinouih, arrived at Liverpool, accom- panicd by James Milton, one ot the Deacons of iliat Church. Hilton gives this account ol Ins o\vii presence there : " My visit was eiiiirely lumkniul. I am not aware that Mr. Toiiikiiis came here liaving any I specific (iliject in view. I think I staid in Liver- ponl (our or five days. I was reciucsted while there to ai'eiid a meeting of the Church. I at- tended it at the meeting house in Liverpool. The meeting was called for the purpose of adjustiag difricujiies boiween Complainant and Church at Liverpool. When I went lo the meeting it was with the understanding that the fJev. Mr. Tom- kins, Rev. Mr. .Merliiiy, Deacon David Freeman, and myself, were to act as a council or arbitrators, to try to adjust the existing difficulties. I saw- Complainant before the meetin-r was held. 1 cannot recollect w hat took i)lace before. Complt. knew Council was to be held." At the same time the Rev. Mr. Sterling, Congregational Minister at Pleasant River, appeared in Liverpool, with tho David Free- man just named, who was a Deacon of the Pleasant River Church; and he .says : "I knew of the council before I "came into Liverpool, but I did not know, until I got word, that Mr. Sterling received a letter to attend this council, the evening before we left home, and he showed me the letter." Mr. Tomkins came to Liverpool unin- vited. Wm. Freeman says: "No person, to my knowledge, sent for Mr. Tomkins to come to Liverpool ; after he came he sug- gested that a council should be called." He goes on to say : " About this council I knew nothing until I had a conversation with Mr- Tomkins and Mr. Hilton. No person but myself recommended tho council, Mr- Tom- kins and I talked it over together, and Mr. Sterling and Mr, David Freeman were sent for by mp, nhnut two davs before thft mpptinjy No person but myself recommended the r^^mmm 6 i kiitiMc'il 1 liuil no kOtiv r'niioii al'Otii n smiIi I'oiripliiinarit. :\lr Toiiil»in« preHih>'il in ('•mipliiiiiaiil'i meoiitit; lioiiS'' Hip SiituJay ' nfloriioori previcnis lo llit? mceiiiijj of the council." At lhi<< tiiiio ilif (Jdiiipl.uiiaui vv:is cnnhiirJ to his linii^f liV illiK'SS, and he did not nuend ihe (JoMiiiil. On ihc Sniurdav I'pforc ii nsscniblKl, Mr. Tulilliins addf-ssed llir CoMipl;iii)nm ihe fullowino; letter : LivKRi'doL. Feb'v ')tli, ISJH. •V/y diur Biulliir. — J will preach lor voii im Snbliath aflernodn and t-xeiniig, if von will lake ihe mornint; <rrvicp. I would advise von lo cull a ipecial ('linrch meelinc lor MonHav eveiurii; at tt o'clock I ihiiik you liid better cad it lo lake into coiirideratiot) llie be^t riicans of proinoiinc il"^ (■resent and Ititure welfare ol iIk; ( luircli o\er wldcli yon preside, and for anv otiicr bnsiiic.sh - ituit may be deemed of iiiiporinnce then. I woiiKI earnestly ailvise yon lo call tins meeliiijj vonrself. rather tliaii let (lie Chnrcb or Oeicoiis. which wf . have advisi'd them to do if yon decline; 11 will come vxith a much belter grace from von. I Mould intreat ynu lo tender your resiunation to that meeiing. I shall be glad lo render vou any ! service in my po^<er, now or at anv fnlnr>' lime. We will arrange lliat yon shall have ihe t'sli- iDonials ol ibe Chnrcli and of ns vmir lireihren in the Gospel, so that you may proceed wiih a firm step into any oiher sphere of laboi . 1 am con- vinced that you iimxt uhtmatdy resijin, or else damage your character forever. Kverv hour the matter is becoming worse and worse ; prav do nut delay, trust the Lord, he will jirevide fur you and bless you, if you depend .ipon him : we will, cheerfully, on Monday before the meriine, and at the meeting, and 1 think all may ho seiiled for your mutual pood. I am .sure I love yon and esteem von very highly, for your works sake, and would advise vou for your personal good ; with these feelings, 1 unhesitatingly advise you, in a dignified manner. to resign your pastorship of the Church with which you now are connected. Pray, my dear brother, let no pecuniary consideration enter into your raind as a Christian Minister; these ought to be quite secondary. God will open a door for you, and provide for you. To Slav is ruin to yourself and lo this Church. Willi much afTeciion, believe mo. dear brother, Youre very truly, FREDK. TOMKINS. Rrv. James Mklvin. Simultaneously with his writing- this letter, lie prepared a paper, of which the following is a copy : LiVKRPooi,, N. S., Feb'y .5, 1848. We, the undersigned Deacons and Members of Ihe Congregational Church in Liverpool, are of M*.z.: — *l._* :. -"-11 L- f '- .1-- . -If r .1 Opiiij.ji: ii:3t :: •feai ijc :vz •.::;; •.vf::::rc u; inc Church to hold a special Church meeting on Monday neM, ihn Tin )iikluiil. :u n\ ul l|i>; ilock in Ihu c'vcninjj, lo enquire inio the Ik'^I nieuiis In ••cure tho prevent and future prodperily ot the Church, and w lial' ve: l)mine$» may he ilien found necessajy to lon-iact . also, io geek ihe advice ol a I'ouncil on l hat occasion in regard to ihe abovB objfCts. It is <.|'_Mi(d hv S:iiiin>l Kinnev. W- M. I'loeiiinii. and Geoij^c Mil, .oil, ni'ncoii*, and aho by .Nilsion .M'Looil and .losepli I' reeniai;. .V dnriuncnl in llie iiaiiil-writint; ol llu- (.'oinplaiiiniit. of wliioli the iidlowin;; is n oiijiy, i-< aNo 111 evuleiii-e : Whereas a rniiioiir has been circiilaled touch iMg llie moral chano-it r of the l{e\ . Mi. Melvin, our Pallor. llie Church Inii invesiiijaied llin matter of the report, and is I'nily bjli.'fied of hi* iiinocenfe. .■"iyiicd in llelialf of 'I'll.' Ijlinrcli, Liverpool, Oct. Udii, ISIT. ions McLF.Ol). Clerk. JONATH.VN CHOWKLl,, .Afi.st Cl.rk SAMLEL KINXKY. Deacon. C;EI)HGF McLKOi). Deacon. .lAMES CLFMKNT.S. Deacon. WILLIAM H. FHFKMAN. Deacon NATHAN ITPPEH, Ch^nrman. : On the evciiKi;^ of the 7ili Februarv, a ' meetingol incnibers of ilic rhurcli took pinrn at the iiieetinj:^ house at Liverpool, and it ; was agreed tiiat .Messrs Toinkins. Sierliiif, ; David Freeman, and Milton, should retire nnd consider the afi'airs of the cliurch ; liavinp done so. they returned with a report written by Mr. Toinkins. of wiiicli tlie following is a copy : LiVKKrooL, N. S., Feb'y 7ih, 184S. To the Pastor, Ihacons, and McmbLrs of tff Cougrtgalional (nurch >n Liccrponl, .Vwa Scotia. Dear Brethren in l/iv Lord. — We have care- fully taken into coiisideraiion ihe legalitv of the meeting of your Church, at which the Rev. James Melvin tendered his resignation as pastor, '.id v»e feel bound to state, in our judgment, that thai meeting was a legal one in all respects. We deem it of great importance to pronounce upon I the validity of ihis meeting, as it may affect the I future interests of your Church. i In regard to oiir dear brother in the bonds of j the Gospel, the Rev. James Melvin, your late 1 Pastor, with whom we deeply sympathize, it is I our very firm conviction that although we believe I his usefulness is by no means entirely at an end, I in this portion of the Lord's Vineyard, still we I think there are other spneres of labor in which he I may be much more extensively useful, than in . thai in which he is now engaged : that is to say, ; i"i '•vriicu fio rnay iaoor wnri rriucn gicalci s^iis* I faction, as far as regards himself; and in which /■ \ \ InY-n-JI" IK.V lie Ji.ly ai.|.,-c jal. J i,y ll.a «tM,|. , il,ni i|,u pf^iorl VMi, JS#.»iiled |.> l.y :ill nt ll.f ll n. hUu. .njr o|.ii.i..M, ilrjl a v»,ll U„ i.,r ilii- .,|jfM,t iliinv I'fPSPiu pfai-e aii.l pi,n|ieriiv ol Uii« riii.ii-li In oliliiii' \- , •.■'. Jiiuih-T l*a»i..r, liiiiilv aiijoded l«i your (lislnn-uve ' •^:>"':'i' I iip|).r niij llic DcloiidamH' wil- (Miiiciples •«>* <'oiij;r^t.rmo(iaii»t-i, i.i [.resid-f .ixci , f'"^'^^'' *''.^'' " tlini iliis wnsii liili mpeiiiig, Villi Ml III.- 1,1,1(1 ,—\vi' iir)?c v'Mi t.i ;i(l..|ii iniiMiii'". ' '■'" i'''" I'l" i""ii<_'rej:nii(.ii uas no: ni ilie f.H tills niiu-li til liu desired fiid ;ii mii- • ; to .-.«.k ' I'ouMcil, ii w.is merely a mi.niiM' ul' a "real -li-nildircmioii Ir.un OM hieli, „„l I,. H,,,i.,avoi,ril'('r'ion ,.! . inir.li liitihl,. r. Uoiii aiom.d to he p...ri.Ttlv .irimino,,. ,„ u„ir .s-Ik-Ih-m. Livvrpool. ,n,d (rom (l.-rrii, C.v,. " We advisf you l)V 11(1 nie.iiiM I.. I).- <.;ili!.f|.d will, \,-, ,„,l,'. • , >,;. . " ,• ' i .% lure m.joniv. a, w. t.d .•,„.v, d il,a. ,„„.-h ' " "''''^.'- ''"' ^:'^"" 'f'"" <''epulp.'. oryoiir tiilure prosperily and .,!.er„l,K's« depfu.ls i ,"""•'' ^""'- '" ""^ ""eon:!.' Iioiive oil Sun- iipon y.iiir acting uiili [(..rf-ct iiii-,tiiiiiiiiv hi vdiir ''-^ ' "'"' ^^' '''■'■ ;iny iioiicp '^'ivi^n to itie Other rhdicc iit'a I'.isiiir. i linriicus di' ilio cliiiu'li or ciniijreLatioii in the We Mr..ii;;iy iir>:c iip.iM viiii llic .Imv of i-\liihu- " '■ir^'unil'TLViil s»'tl l.-ini'iil- . The iu)lii-e nc- tui: :. paipt-r snint <,( lilieraliiv, in r-;; .ril V, ,m<' ' liiillv .jivcii (,I it wa" '• f.y iMic p-rMm lelliii',' whii has .vervfil veii Lifil', :iiid as v\ >■ fu'juM-, i., llf ntrii(i-t ol' hifi allil||l^.^ ; we Woiild lif;,' Vim to maniltst this hy inakin^j imiiieiiialp dnnaiiniis and BiibsoriplKins lor lin present .iiipport, and liv tn- dfiavouriiii; I" every ukv i.i ^(.stain liiiii. nil ilie uieal head ni' the (■imicli wiij dirfct voiir laic Pastor to aiKiiher sph'-rc nt iivriniu^'s-;. V\ e eoiiiiiiMid liiiii :iimI Ins children, uilii ;ill their iiiti-Ti'Ms, to vdur ( lin-liaii yvinpalhies and reward. In concliision. we heij yon to pn-seiil lo your late Minister the hcsi teMi'iiionial m vonr power: - OinpiniiKiMt'.- iK'cii ;.ri'\( li.inii-wriijiig, 'd. iinii is u* .(■mini I . ' A [,a|if r ill i!\" (.' witlliMIt (1 i!n, trj. loiifiws : 7') tn- Chvrcl, and ('ongr','atton orrr ichieh I hitre pn.udffi for many y^ais. Outr Iirf/hrr,i,--h' it he ihe opinion ol" the ma- jority ol \U\-i Cliurch. lint niy nsefiilnes.i is done HI the sphere nt my lahor. in ilie several preaching? ftaiioi.*! whieh I now fill, and thai tliev think it advuahle tor me to go (ur hence, I suhmit to their ,1 . '^ J"^ '^l^mn. \\ e „rj:e you to do deciMon. Hut ifthev wish n.e lo Mop and nunis- 1 le u'"" T '"'' ''"'■""""="•-' '";""-• •''^ '" 'hent as nsual/I «li,M,ld he happy bo to do. po ble. Uealsowi..hioexpre..o„r readiness ; and as we have often he, „ ble,,ed and profited lo append our lestimoniai, lo yonrs when prepared. ' torrelher. I d.mht not that we should be a^L ' foi ri-,u>!M'-"-*-ri,., ,x . j"' "■'■"""'' >■"" ''ave seen in me. dear brethren, i.f.Ul^lOl', .'Ml!<ld>(., TaMor of ihe Church, "'"'"iR my twelve year sminiMrv among you. 1 ask !''P^''=;'.'' 'I'^'"'- yoi'r lorcivencss, and I hereby Yreelv forgive tlioee DAVIIJ 1' LhKMAN, D.aeon „( the aLi,-e "hieli I have ocen in niy brethren. ' ,.,, 'rl',M?I^" ,. „ , -"^'evertheless, I do not «i!>h to stand in the wav I'KfcnLHlCK I()MK1.\S, M.A.. Pastor of the'''' anoijier Pastf)r, or in any wise oppose thoM Chureh ill \armouth. "ho eaiinotbe profited under iny ministry. I IHOMA.S HILI'O.N, Deacon of il,e above should be happy to see the rhurcli agree to get ^'kt''''- anoiher Minister, and as I said before, give lo Su4oinedto..,.sre,H,rtisa..entnrn,.dn„,:£,;^;yj-^^^^^^ "«• " ^ ^^•'-'-' hi elf Wl ■ T pT' ""^^'S"" ''>• f ^-'' a curse, I tir.nk, uould produce a Chri, himseil SierlinLT, and Hilton, of whidi a lian feeling among the brethren, and have a ten- ropy lollows : , dency to build up and strenpiben the Church. 1 Council appointed bv the Church, to give their ! ^^""''^ "°' wish my brethren to think that I wiah opinion and advice. "^ ! '" s'<'P' "' opposition to a party ; no, far be it from Uev. Jas. Melvhi. and the male members of Z nlL'r'\vbeL'r \"!"'/ ."'" 'I '.'"" r'""'"'' the Church, thirtv-one in number, then present ^"'^ 'l»*^e. VVhere am 1 to lind a she ter for my having unanimously agreed to their appoin ment' '^"'"y-. "".' '" !h.s Piovinee^ but 1 submit lo the It was agreed by the members present, with three dissentients, that the above advice be taken. FREDK. TOMKiNS. GEORGE STIRLING. THOMAS HILTON. ; counsel of my brethren and the providence of God. Another paper, also in Complainant's hand- writing;, and dated /5ih March, 1S48, has been proved by the Defendants, and is as follows : There is some contradiction between the I'his certificate that the bearer of this, the Complainant's and Defendants' witnesses, as ^^^- Barnes Melvin, has presided aa Pastor OTer to what occurred when this report was an- 'j)® f'ongregational Church in this place, during nounced t« the meeting, and also, as to what • T , i' »*'''V?"u'"'j'. ^" f^'^j'^^i^^y and affet- took T>1«- ^'f-' M. T-~'-- --J .K- I "°"="^'y P'^"*'*'*'^ "i« Gospel of Jeiua Chrjit ; , '" . , ' -^ ^!^": "'*" "^ i ana has Deen the honoured instrument in the handi Others retired; but it sufficiently appears of the great head of the Church of the conTertio' '«ss^ 1'a: w Vf IV mI III. Ill) ^olllt Ik I mil, .nut >>l I .'llllolill' . I'll Imil'l iii;^ u|i llii- Saiiil-t III llirii iiiii-.l lii'lv ('•iilli, aiiil li:i- inuiiilaiiii'il :i tjdiul innr il md r"'li;,'JOii-< cliarai-ii i . \iliii-|l lia^ seriiri'il In liliii lie' ii"-|iri'l iil all el i-.«i •• lit llif ••iiiiiiiiillill\ . Siiiiifil III licliall 111 ill*' < liiircli. Livfrpoul, N •■>., .M.iHli ", l^lrt. Sliorilv .ili'-T llii-i. Fri'ciii;\ti Tujip'r. one ot the l)i?teml,int>, ilcrimiulcd ihc l;t\ oi ihf iiieciiiiL,' house troiii tho Conijilniiniit, w lio fjave It III hiiii- 'I'lipper Incl.cii ii ii]i, and vitici; tlu'i) till," ("nmiilainaiii li.is mil liciii nllowpil ii) jMi'M -Il in It. It ilnrs not a|)iii',ir who has ihc ri^'li' to ihi' [io>.se>"'5ioii ol thi-. I'.oiisp, lull I'"ri'i'iiiaii 'I'lipp'T w one of the trustees thcrcol, hiiviii^', ■!> hi' swears, hecoiiio oiie on the I'si.jiKiijnii oi the iiile .Jolin Har>s. Ii would al-o .sr.in ili.it a person namt'd I'idward .M -Li'id 's a Inivtec. (!!ros,sl,ii)d, oin' ol iIh; Coiiiplaiiiant'.s witnpsses, slating as tollo\v5 : •'I rtTiii^inhcr wlinii Coinplaiiiaiit's incitinc; house was lockrd up, il was in the .siiinmer ul' I84H. I wns Eoinj; Irom it to niv own hoiisi!, I saw K.dward McfjRod ul' llornii? CuM'. ami soiin' nernnc ("ove people wiili him, bv the v('>trv iloor. Ihe (lour was lucked, iliev oonlil not ;,iei III. lie said he wa.sa trustee ofllic merlins Iiuum', and he should like to Uiiow who would lock ihe ijoor a?aiiisl him ; he had an a\e in Ins hand, and would have hroken it open, but for the Complt.'s conun;.' over from Ins house, and preventini: liiin troin doiiiy so."' K.vcept Freeman Tiippcr, none of the Defendants appear to be trustees of the meeting liouse. Other meetings of portions of the Church niul congregation, (one of which was held in the .Mi>sion hou«c at Liverpool, and another at Herring Cove) took place. Both of tliom were of friendji of the Complainant. They were held after the council meeting, and after tlie door was locked. Their numbers and what occurred at them show that a large portion ol the Church and congregation slill adiiered to the Complninunt, and regarded him as their Pastor. Clements states that, at the lime " the meeting house was locked up, there were, lie believes, jeventv or eiglrv male members of I the Church and congregation, contributing' to his support ; and names among tyiem as many ns eleven pewholders and pew owners ; lie states that at the time, about tliiriy male metnbers of Complainant's Church and con- gi^gatjon attended his ministry. At the time of the meeting, November, 1S47, about forty or fifty male members of Complainant's ouitgrc^aiiuii re^iaeii ul L>eacii lueuuuws and I I'l I iir; ( 'iiti , 1 1.. I III It III Im !|. Vi's ail ■•' ihi'iii ronlril'Oled .ml -'ill . diiti ibiile U) III-, .-ii|ip.'il. It :ipprar> mori over that none ol ll:e Ueacli Ml ;idiiws [i.'oi)!" have b'lt ('oiiiplainant's ministry. Various acts of acriuie^ceiiv'e ul the Com- plainant, besidcN preparing and receiving the -.vTMiicale of c!;aKK-ter, tlaicd Uhh 0,::obtr, l""]?. and thosi" I have sinied, are in proo'. :i> ilial In proiniseil lo iieli\er up ihe Church 1 iMiks •.) |'"ieeiiiiiii Topper, when he handed irm ilie Lev. 'I'licre are, al-o, in proof, de- I Liraiiiiiis (if his asNeiit lo wliut \vas done bv i'. His ileclMratmns mav be di^uibiiied iii'o 'liree jieriols, viz., llio>e iiiaiie nfier the ineeiiii:: ill Octolier, l"s}7; after the Xoveiii- lier meeliiio and before the ouricil ; and sill -cqueiiily to the latter. 'J'hiis he told b'aily I'hiliips sbnr'lv ,n(ter the Octolier niect- iirj. iliat he had t.iken hi- di-mission from ihe Ciiiiri'h. and more lo the like etPect. Again, alter ilie ineeliiig in November, lie desir-d Phillips to "ive hiiii wlial was due lo him, as he wanied to go :iwav. for that if he stopped he would do no good. On the next ih'.-, however, he had aliercd his mind and said h'j was' going lo take back his wife. So after ilio cuuncil meeting iiu called on .fohn -McLcoil, to give him the testimonials recoiiiiiiendod by the council, and said if iie had had them he woiiKI have been faraway ; and then nt .McLeod's request, he sketched 'die form ol the ceriiiicate he desired, and which, it may lie iiresiimcd, is the paper dated '■'ill .March, I'^l"', which I have just lead. Wheili'jr this ceriiiicate was signed and re- turned to Complainant, iloes not appear in evidence. Nelson IMcLcod, one of the De- fendants' witnesses, says the decision of the council "was that they were to give the Complainant tostimnnials; the.se were after- wards brought to me to sien, I did not sign ihem because I believed ho was not worthv of them." These are the principal declarations of the Complainant. The Complainant has consiuntly retained possession of the Mission house ; and be and his supporters have used it for ministerial purposes, notwithstanding, as I have already noticed, he has been required to give it up. As to the raceiing of the 16th October, 1847, \V. H. Freeman says, " that ater the resignation of Melvin was accepted, the Church was without a Pastor." As to the councii; he says, " that it was rather a lull l» if nu-eling." Ii>- uIho j<f»y>, lltilt •' lla- rtllnU' I <'(>ll;,'rc jj .limi ii I iuhu iI .N.. MiKj.Ti ',: ill.' iwii |prrviciin inpi'tiii!,'-' mi.l | N<mv |<riiii 'i i 1., m .liil\. ililiii'iilih- |ic mliii;,' wiTf uniii- iirid, ;iii(J liilly I •■ iiirconlinu' to ili" rnli-- nl' •' .1 >. Cll 1,1 .III. I IMS," iJMi iih'/r.' I'iniiiil '• " "I-.''! ; iliii '"'Ml |.iiii.'s li;iil III! ojipor- K'liiirclic*, .iii\ 'hm i.,ii nf tli" illllt\ Hi -l;i;ilr.. lo ill,. .. Mil, Cll wliall-VlT lliey ' ^rCcJc from llie l;i;nn boils , nil. iiii'Mil.iT.* iimv .u'l up anotlur wi.-iii'ii : ;ii,u III... dfi'iaiuii nf ilic iiii'i'liiig, I Socifiy ; liiiii i!n> i-.\iiu-i;.l \y ih.. . |..ciiiiii lo nl.iilf Ijy the ileci.>iiiii of ilio Couiuij, \\;i> . '>f (li.->lii!Cl odlccrs, nnl iiicel;!!;: in n sppnr.ii"' iinj'irny, Only iliri-e voiiiiy ; I'li.-'i- ol' \\Mr.-lii|i, li'ii ili.i; t!u' r.T.i:;iiin(iii ni III 11 .11 uu- i.'i)Uiioil ineetiiiij I this Soinciv i»v mii r i iuiriiic^. li ppiuU (n ■• iiiitjoriiy of the iimli' llieir doclrinf an'l pri.ti-f; i!i it tin' Cou^ti'- fUMfiis lln' I ifalioinl Ciitirc'ii in Ijiv.rpoitl i^ nn Iruli'p'Mi- .MiricJ l.y a l.ii-'. .i^Miil>l il , mill Ik," sImiiM ihiiil I I ir. |iii.'-'.'ni IIHMIii.iTs WL'I'. pH'-i.-nl." A iikmIl- III wliicli jiioivfiliiiys weie cumlii.niil i ilt-iit L'!iiir..-li, liivin^' in own ai'tn.-lts nf doi-- ■II ilie cniiiicil rin'oiiiu-, iie sily^, •• ilicre ! triiiv and ili-tipli'i' ." u'..ro.'hwjp Mi:.d,. :;;,i,nllii^Coii.])!ninnnt,j x„ ,.(,,, ^i ,',, ^.,|„,, d..tiiiiif iiin,,! , • ■ liy ul.Kli he nKaii> i ,uli-li.iJm<:. bill thai I ^p. „.],,, ,.| doctrine- and disciplim', nor thuv ui.s MO evi.l.n ,. ,:,koii on oaih, ;i,.d ,.,,,.,,,,1 „f ,i„. ,,,1^, aid n-nliiions of tlii. tin; my •ha' .■yerybudy M,id \\h;ii he ple.isid ; lliai Clim-^l,, Mr. 'I'iiinl,;i!s, MiK-L' ih.. 1-L \uv(iiibL-r, H.'iO. i> tlio I'l^inr ,,r tile Cliur.'h, and 'hat ho i.-i iioi tnL'ii;,i.'d lor any panii-uhir liai.j, but that he is raided by ^nb<c;^ipti.^l^, but ihu b" lonk^ lo the Hencons lor his >aiary." II', \V. II. I'ri'oinan, " loolc the nsolu'.iin prepared bv ia> been giv.'n. One of tin! I)f- lciid,iiil>' \vitne.'--fs, Join. .\1i:L"od, Senr , u ho lia- Ir-'Mi a iiit'inb.'r oi it ior litti't'ii V"ar>, - , is aliiiosi thu oiiiv \viiiie*.s who .>.pfalis of ii.i < 10 pet Llt>:) per .Minnni. lobe „,.,^^., „,^,\ di-ciplinc A" to the term of oilii-e ol ihe .Minister, on his direct e.vaiiiioa- tion, he s,iy>, " ib(» Ministers of the Congre- gational Church of Liverpool arc hircil an- Mr. Gallaway, out of his porket and read it, but no n-itice was taken dI it. t.xcept that some jierson asked me it .Mr. (Jallaway wrote i'." As re<:ards ibe di-po>al of th'^ annual [iroduce of the trust fund since 1S17, Fady i'liillips, oiii; ol the Delendants, ami their Treasurer. say<. '• I did not piv .Mr. Murk- land (who had lieconie [' ra-n-r of the opponents of the Conipiaiiiaiit after the meei- iug house was closed against Complainant) llie money he received out of the trust funds o7i mij oii-n ri'niionsihUUij. I had securitv for it from Freeman Tupper, James Park, and Mr. Murkland. They signed n note for it. The second year, I think, that Freeman Tupper was obligated for lificen pounds of it, and myself, Henry Payzant, and Samuel (Jrowell, all trustees, become responsible for ton pounds.' nualhj ; that there is no |);inicular time of the year set apart for hiririLT a Minister ; that tiie con'raci must be renewed eve.y year, if not so renewed there is no subscription list, and of course he geis no pav. The congre- L'aiion and church make every year distinct voluniary subscriptions for the .Minister." On his cross-examination, however, he says, I cannot say the Complainant iras hired an- nvaUij hy the Chiirrh, I never knew of a written or a verial contrari icith him, for any nvmhcr of years, or fur any partiruhr time. Whit I mean lo say is, that the church and congregation snhsoribe annually what they think proper. In reference to councils and tlic council meetini', this witnes.s says, " the power of setllinir all differences in ihe Church exists N„;.k„- .V. u m o. I /- II ! iniheChurch. Every Conereizational Church either the Kev. Mr. Sterling, dallawav. • • j j . ni u t\ u .u , ^ , • \\s an independent LhyiTcn. 1 tiev have the have been ex- ' - ■' Murkland, nor Tomki amined. The latter took down the tesiimonv right to call in the advice of a council of sister Churches, but that council is not to or statement of what he, 1 upper would * • i • • i . ■ •. r „, _ J u c .L • 1 i impose their ludgmeni against a maiority of prove, and also, of two other witnesses ; also, I , ' , i tu u i -r u i u„. „i r- . i\i T I 11 1 ' the church. 1 he church may. i thev Please, il)at oi Lreorge McLeod, who has not been i ,r a ■ . a ' i ■ ■ i .\ „„„„■ I = radfv, connrm, or reiect, the decision ot the examined. ' i mi ^ , , , , : council. Ihey may agree to be bound by All the Defendants belong to I\Ir. Tom- ihe decision. The" council met, 'it was a f.ins^ congregation, and arc opponents of the \ large meeting, it was the largest meeting of Complainant. As regards the discipline and j the kind I oversaw. The council heard government of the Church, the Rev. I\Ir patiently all that could be said for or against ; HeuJebourck, who came to this Province in ' thoy sat about five hours. Mr. Kinney was May, ISIS, states that the Complainant I ihairman of the meeting. I moved a reso- " was not recognised as a member of the Union of the following nature, viz., thai the 10 ■?v .iliuri-li do abitle by ihe (i..^ i^nm o( ili« cuuii- viiiiiully llie Compluiiinne. iliose who adher« a\ ; ii was seconJtii and put by Demon lo, iind thirdly, those who have withdrawn Kinney; it passed, with only ihrf^e dissenting from him; and that alihougli the charncipr voices, and these arc now oppo'^eJ to Cum- ' in which the Dpfendnnis hnve bffn brought plainaiit. The council alurwards bioiigii! in hefore ihe Court, is ihat of fustees, as tlipv thei. lecision ; it was in writinp; it was read j nre all atnon<r tho ('omplainant's strongest there ; I did not hear a word in opposition to ; opponents, ilipy have at least a (niasi pecu- it at the meeting." As respects ihe forma- ni.nrv and pi>r>nn.i| imerest in the contest. lion of a new church, by the withdrawal of Olijections lo ihe adniissibiliiy of evidence, a portion of an e.\isling church, an. i appoiii'.- are not at the present day regarded with iiig otiicers, he says, "after this viz.. (afier j favor in any Conn ; but forty four years ago, the derision of the council, and Compiainani \ an exception vfry similar to" mr . which Mr. I'urnishing witness with draft of testimonials Young has taken, to the reception of Messrs. to be copied and signatures obtained, acree- 1 Tomkins and Gallaway's letters and the ably to the recommendation of the council.) certificate of ihe 16ih October, 1S47, and Coniplainunt formed a distinct church at ^ rpiiie as strong, was overruled by the Court Herring Cove, in my opinion, officers were of Kinir's Bench, in the rase of Beaumont appointed ; if there had been no split in the vs. Field, reported on 1st Barn all ifc Al- church, the congregation at Herring Cove derson's reports, page :247. would have had no need of appoin.ing officers ti,;, ,3,^ j,^ however, anomaiou.* : On there, /(zm 0/ opi;uo/i tnat ihe church at ,i,p record it is between Melvin and the Herring Cove is dis'.inct from the church at Liverpool, and has bjen so from the time that it was called tOLioiher. and officers ap- Defendants; yet, as I have just stated, it really is also a contest between the parties who want to turn the Complainant out, and pointed over it at that place. I think it was 1 1,,^,^ ^^^^ ,^.^„j j„ ^^ ^im in office ; and in the summer of 1S4S. that the Church was ..hprefore, the acts of all and of their agents organized at Herring Cove," If the foregoing staicmenl be incorrec it is not from the want of a most careful and repeated examination of the mass of testimony are admissable in evidence, independently of the rule of this Court, to which I shall pre- sently refer. , . J- 1 ■ u u I .u .■ - > Both Mr. Gallawav an.! Mr. Tomkins relevantandirrelevnni.wiih which the parties , ^, , •, ... . , , 1 J J .u • /-»,-, I ■ I ; nav^ been aoeni< and coadiutors, m these have overloaded their case. Ul ine principal „„ ,. , , i. « l l 1 e , 1 ■ 1 .1 ■ I . f I prwepdings.iand SO are tho.ve wlin subscribed facts, however, upon nhich the jiulirmpnt of ' , , ... ' , f, m t 1 1 . /, . S 1 k- I r "-n r ''''" cenificate; and (rpo. .McLeod and the Court proceeds, and which I will reler , i.- u r' 1 • T '^ t I II \» . n. I' reeman are annng ihe most active to, as 1 go on, I nave no doubt. c .1 . " ' i ot tiiosp agents. It is to be regretted that an is^uc had not 1 r, . t j fi i 1 • i tr or..-» 1 1 J .k . ' r- 1 • ,11 'Jii' as Lord hldon remarks in I Vesev "32, been asked; or that me Lo.n.iiainani had i j i 1 u j • 1 m if 1 ,,. 11- fifi Liora Hardwirke in Mason vs. Ward. not pursued his remeuv at l.iw, m an action 1 000 .. ■. ■ . . .l u 1 • ;■' ,, I'jit M i "'i^. It IS not true that because parol evi- for money had and r ceived, v'luh would I , . . ■ j •.. j • 1 u r , I '^L- I . II u- deuce is not to be admitted in law, therefore have been his cheapest, as well .:s nis most speedy and efficient procedure. Moreover, if ihe evidence hail been taken it shall not be admitted in equity." To be sure the latter of those two'jreat judgessays, bv the strict rules of law such evidence before a Master E.xiraordinary. viva voce j ^ould not be admitted, not that I would have publicly, (as it misrht have been) upon writ- ten interrogatorii.'S, by the <'ounsel who srgiied the causo. wo should have had. instead of thirty-two wiinesse.'^, and the re- it understood as if I laid down that rules of evidence at law and in equity differ in general, but only in particular cases. Where fraud is charged by u bill, or in cases of cord of their testimonv rMendmg over two trust, this Court does not confine itself within hundred folios, which i< now hefore the such strict rules, as thev do at law. but for the Court, the real fact-, ,-ompl•c^sed within a ^nUe of justice and equitv. will enter into reasonable compas«. and not one half the i ,he merits of the rase, in'order to come at nunnber of witnesses w&nld have been ex- - fr^^,,] or to know the true and real intention amined. nf ^ trust. It would very much abridge the It will have been gathered from what 1 • power and jurisdiction of this Court, which have already stated, that this is a contest for l is chiefly conversant in cases of fraud and iht annual produce oi the jC7i)0 ileviseu by j irust, li I do noi admit sucii evidence." the testator; and that the parlies to it are ' Now there is not only n case of tnitt, but Sai. II / iliBt on whicli ilie' Delfiitiaiilh cliielly ppIv, viz., the resit(nation of the Complainant, is distinctly churned as fiaring been obtained fromhim by deceit, lUni \s cons/) act ire frimd, which in this Court is eqviiale/it to aciiial fraud,, and may le inferred frovt circmnstan- res, although at law fraud must be prortr/. 'I'lie jutliriischi 1 am ['rouoijiiciiig is iinpur- iniil, bul ilif Council on boiii siiles have iDiicli overrated iu iiiipi)ri;Mi>-e, ornl iKe coii- Kt-qiiences iliiu iii.iy (low iroin iu Ii is im- portant, as ii coi)c(!rns a larse sum oi nioney ; ns it nfl'ects llie ('-e[iiig;s ol the concrejratioii who are engaged in an ariLTV cnn.esl ; ntnt US respects ilie contlui'i ol some (jf the rrin- cipal actors in it. h is. in oiher respeois, an ordinary case, in whicii ilip Coiriplainaut seeks m eiilorce upon ilie Deffnilatiis the discharge of the obligations \vliicii tluy uii- derionk, when they accepted ilicir cfiice oi' truftees. The case depends upnn liie mean- ing of the testator, and whether what has occurred has divesttd the Complainant of that which his devise conferred upon him. As was appositely remarked by Mr. Young, no decision of mine can restore hara-ony between the Complainant and liie people, or re-nnite his severed tloclc. No judgment that can be given in this cause can aflect the neeting house, itie title to it. or its possession. None can affect tlie rights or the character of uissenter.s in general, or those of the Congregationalists. They have no status in law. Of the doctrines, government, and discipline, of this Church, this Court knows nothing, except what it finds in the evidence ; moreover, whatever these may be now, if the Defendants rely on any infringement of doctrine or disciplinf, as affecting the Complainant, they must shew that such is an infringement, of " those doc- trines, ordinances, and discipline, which the testator contemplated at the time of his den'.h ; and of those there is no ecidence ul.atever. In Lady Hewley's case the question was of the greatest importance to all denominations of Christians, for in it the Court removed the trustees of the charity and appointed others, because the trustees applied the trust fund? in support of Unitarians ; the Court adjudging that her Ladyship's bounty was not intended for those who denied the Divin- ity of our Saviour. There abundant testimony was given ol the false teaching of those who had received the trust funds, hut here thprp is not a tittle of evidence to shew that the Complainant ever taught Universalist doctrines. This case w sinirulurly deticit tit in whn! , oni;ht to hove been proved, while it i-i ab- surdly redundant in what ought not. As by the e\pre-s terms of the devise. Pastor was lo be displaced (not by a mojoriiy of tiie church members only, iind the testator liiinseK bein'j a member of the church, must have iiiiowii the distinction between a church member ami a member of the coiii,'regaiion (inly), but by a majority of church members and oi ilif niPniiif.Ms of the congreyHtioii con- , Iributing to the Pastor's support, and attend- • ing his public ministrations. One would have I thought that one or the other of the parlies : would have furnished the Court with a li.«t of tlie ineiuLiers of both, lespectivelv. on tbi* i IGih of October, 1S17, and the same at the I time u hen the council mot in 1S4S. But none I such has been proved. Nor, as J havH I noticed in my detail of the circumstances, I has it been shown how tiie relaticm ol Coin- I plainant and flock wa;* created, how long it ' is to lust, or how it was to be dissolved. Mr. Young emphatically asked if it was contended on Congregaiionalisi principles, hat the Complainant was to bt^ considered the Pastor for life. Yet Mr. Punchard, a book from which the learned Counsel drew largely at the hearing, pp. 191. expressly says, that the theory of Congregationalism is that a Pastor is ordained for life, ie., to a pas- ! toral charge, although he there, and else- ; where, laments the modern deviations in j practice from the theory, and censures with deserved severity, the barbarism of starving Congregational Ministers out, in order, in- directly, to dissolve the pastoral relation. Applying the principles of right reason, however, to the testimony, seeing that the Complainant had, in 1S47, been witliout any contract in the exercise of his ministerial office, many years, and e^pe.-ially having reference to the sacred character of suc^ a relation, I shall certainly not hold upon the evidence in this case that the Complainaia is, a« Mr. McLeod and Freeman would hav^ the Court to believe, a yearly h' •cling. "Neither is it proved that a council has anything to do with this church, nor if so, how such a council is lo be constituted and what its powers arc. Now Mr. Punchard says. pp. Ill, an ex- parle council cannot regularly be called until a mutual council has been refused by one of the parties ; and he refer.* to a case decided for his salary, and the Court gave it to him on the ground ihat in case of disagreement lli oir'L 111 I'.i-iior iiii.l |)i,'Oi)li',a mutii il . ouik li ^Imul,! \>f. prnposi'il, and on lliis \n:'v\'^ nlii^.il, he ••ays, an exp.irie council >liiiiilJ In inlicii, whose decisinii would have ('(|ii:ii liirc in ilissolving ihe connection lielW'jcn die imi- teiuling |)ariies. Bui Mr. Hi»ndel)uurcksays, t!il an ladcpeiiiUnt Church, hariir^ iis ruli:s, docinnes, and dhcipliiu. Without goinj; more at larj^'^ into !hi.-> .Mr. Puiichard':5 work, or o'.her.'s oii (,'uiigr.';.ii- lionalisni, which I have htokcd iiii(!, \: i> jdain that it is ini;)ossible to |iredi':ate aiiv rules, upon which a Court of ju-iiiie ran jmh- ceed, upon any opinions iti iliose buoki, iM upon such as Jno. McLeod yivc.-, for the usages of the Congregational Chuiclies o' ililferenl countries and of different purtions of tlie same countries, vary tVimi earh other. In the North of Ireland, lor instance, entire unanimity is required ; in ^ome parts of New England synods or general «iiujicil> have much greater power than in oilier pans ; while in England and Wales the clnucli government is difTerent in imponanl particu- lars from that of Scotland, and oihei cnui,- iries. So in some few (l\iiicha:>i stages that he knew of one Church; fern ile church inein- bers have a share in church governnient, in others all power of the people ov :r ilie Pastor is denied. In short, although those works will enable us to form some general ideas on the subject. i repeal that they can give a Court of justice no reliable data on which to determine the rights of parties. Therefore, whether the Complainant be or {)e not now a member of the Congregational Union of Nova Scotia and New Brunswick, is quite immaterial ; and he ceased to be so only in 1848; nor in this connection is Mr. Heudebourck's testimony, regarding the for- mation of new churches, by the withdrawal of a part of an existing church of any moment. And as to the witness Jno. Mc- Leod's opinion : that the election of a Clerk and Deacons at Herring Cove, ipso Jactn, dissolved the Complainant's connexion with thfe Liverpool Church, it is plain that the object of that meeting was iint to dissolrr, but to conthuce ihai relation, by substituting other officers for those who refused to continue in ihe performance of their duty. So far from this being their intention, the Complainant continued to do his ministerin fititiss. 3.t sll the ststions. sis he hjid done from the first, except only that he did not I prcarii (iie.Miisi.' he was not porn)itled ti> jiri aril) III ihe nieeiinir I 'Use at liiveriwol. : The iinpri'svion uliirh the whole ol tin' evidenci' h;i'' made upon my iniml, is ili.ii • i! ilh'iiiiie ol ilie inei'iiiii;s in October and III I*\'brL,ary. a majority ol the church meni- li'Ts and congregniion adhered to tlie Coin- lilainant ; :il'hoUL'li, in Itie view which I take nl the case, ilii-; is hot mnierial ; that a large |iiir;iiin u'i ! jth are siijiporters of the Com jilainanl, is incontrovertible. I regri't that ;lii' 1) ■renduits instructed their C-'uniisel to prefer imi'iiiations upon the moral rliaracter of the CoiiipInin:tnt ; from which I am sure had he been li'fi to his own disrre- lion, iie would liuve relrained. ,\s regard- these, his alleged In.xitv in dis- cipline and heierodoxv in dor irine,ii()iiiini!; bin the ability with which the learned Counsid dealt wiili tiiera, preven'eil them troni beint; olleiisive alike to the feelings and judgment ol the Court. I do not acijuiesre in his sugcestion that the IJefendaiUs hnve dealt leniently with the (Jnin|ilainant. If they know hin) to be guilty uf inrontinence, to hive taught I'niversnlist dojtriiics, or to have been lax in discipline, it was their duty to have proved these charges. But they could not have believeil them, for on the IHih Uriober, 1S47, he was furnished with a certilirate of character, as a passport to another ministerial charge ; yet tiiev have loaded the testimony with all the gossip that could be galhereti, to insinuate wliat they could not prove. Il is due to the Complainant's character to say, that there i^ no proof of a single immoral act committed by him, nor of a single instance of his tench- in^: Universalist doctrines, or circulating Universalist tracts. And as to the idle tales of deficient discipline, what is to be liiought of a case, in which, one of the witnesses when called upon to testify to it, makes it a charge against his Minister that he thought '' he did"ni fix up things quite right." It may be true (its truth, however, depends on the credit of a witness whose memory seems to be somewhat defective) that in a moment of irritatioti, the Complainant said if he left Liverpool lie would preach Universalist doctrines to their fall extent. I do not sit here to pallhtn rash words, but neither is it my office to IJruifj a man to jiidjrment for what he intends only to do. As reijards the olpiectioii, tliat llie C'uiiiplaiiiaiU did not take back his wife, in pursuance of the resolution of the meeting of Noveinbei 1847, the fact is, as I have stated, against the Defendants. T, ;. _,_-;_r_ _,^.^..;i.. ;i=:r;KVi = i-.c.4 tV.i? =t-.s -.-:-;= U-.:;nrT with him at the time of the council meeting. That i:? "I^K3^rsS£."fe»s ^fr'sM 5.I1C i- lull HOW liviiii^ Willi liiiii, ;ii;iy !iL', ;iiiil pin- | liiibly IS, licr own t.itill ; I'm Iilt limlln'r, Freciiiuii ; 'riipi)!'!, t*riys lli;il alu; loM liiin "slie could iioi live with the < 'oinjilaiiiaiil, hi- iihed her ^o.■■ AuJ , it is oiiH ol ihu oli'eiisive, in tho inaiiv otKiiaive ; rircuiuslances in the Iransaciions iiiulur itviuwal. that slic was a ix'ciiniary ffiiiipurler of the Kev. Mr. Merkland, wiio lirsi sniiercefleil her hu.iljiiiil, and is now a i)ecuiiiaiy supporter ol'ili,' Ifcv. Mr. Tompkins, the present .Minister of her husband's opponents. 1 havelhns, at trrealer length than was at ,'.11 convenient to me. reaehed the real del'i.'nce to this suit, and I will state it in the lan^'uaj:eot' the De- I'ctidants' T'ounsel. He coutemlb : That the Complainant tendered hi.* resiijnatinn, wliieh was unanirnunslv aeee[)ted, at a iivetnit; ieiially called. (This refers to the tneeling mi Oelo'.er, 1K17). Til It his pastoral connection with the church was dissolved, with the advice of the mutual council, whose functions were recoj^nized by the church and by himself; and, T!i3t the Complainant showed his awpiirscense III that decision, by givinji up the key, and never once entering the iiieeiini; house, bv prouiisiHfj to deliver up the books, by prejiarin^' his own tesii- iniiiiials, in conformity with the deci^ion, and ob- taining sitiiiatures thereto, and by bis repeated de- clarations. \ow the Complainant's allerraiion in the bill is '• That some time in the year 1>^17 some reports having been spread abroad at Liverpool prejudicial to the moral character of your orator a meetinu ol the Church and Congregation was duly called and .assembled to inquire into the grouiuis of such reports and after strict enquiry and iiivestitration the Church and Congregation came.to an iinani- luous resolution that such reports wero wholly nnfoiitided. And your orator lurther states unto your E.vcel- lency that some (lesiirning persons at Liverpool aforesaid pretending great friendship to your ora- tor induced him under the plea that his usefulness as a minisler of the gospel at Liverpool was greatly impaired in con.sequence of such reports to tender a resignati(. 1 of his eli iriic to the (.'hiirch and Congregation and ask his dismission — which dismission It a small meeting of the members of the Churcii .issembled by and at the instance of the persons who had been instrumental in obtain- ing your petitioners disniission was accepted and at the same time sundry resolutions highly com- mendatory of yoiir orator were passed. And vour orator fiirtlier states unto your Excel- lency that the stiid dismission was obtained from voitr orator by mis-represent!i;ion on the part of those who ol)taincd it ai.d your orator gave it under entire mis-apprehension of the wishes of the Church and Congregation."' It will thus he scfn that liip Complainant iJiar^es fr<tU(i against tki parties whn t^htiiinrd his risti;natioii. It is fit, therefore, that we examine what in tlii.s Court if '•onsidereri fraud, before w. Mive.'-iiiiiitioii of the liansaclions conrieciLj wiili I hat resiiiiiaiion : for in thi:i Court the auiioiia of men are siibjeeted to a severer lest than ma ('oiirl of Law. "Colln>inn." says I^ord Hard>vicke, in Grubb vs Cnilins. 3 Atk., "is in tr-') Court equivalent to fraud ;" and in Chesterfield vs. JausuM, Vesey IjO, his Lordship says, "fraud iiijv be presumed trom the circumstances and con- dition of parties, and this goes further than the rule of law, which is that fraud must be proved. P>aiid may be collected and inlerred in the con- sideraiion of a Court of Kqiiity, from the nature and circumstances of thi, transaction, as being an imposition and deceit on other persons not parties to the agreement." .\iul Mr. .Justice Story in !Sec ;174 of his work on llquity Jurisprudence explicitly lays down the same doctrine, "It may be generally slated," says be. " whatever at law would be deemed badges of fraud or presumptions of ill faith, are fully acted upon in Courts of Kquity. But it is by no means 10 be deemed a logical conclusion, that, because a transaction could not be reached at law as fraudulent therefore it would be equally sate, against the scrutiny of a Court of Equity which requires a scrupulous good faith m trans- actions which the law might not repudiate. It acts upon conscience, and does not content itself with the narrow views of legal remedial justice." .So liie same pmiiient Judge in Sect. 251 says if those in whom a " man places ojnfidence make usu of strong persuasions. Courts of Equity will assist the party on the ground of unconscionable advantage ;'' and again Sect 272, " the distinct ground of relief is the meditated fraud or imposi- tion by intentional concealment, or misrepresenta- tion." Ill Sect. 308, " where there is a fiduciary or confidential relation between the parties," and in 381, " where a man designedly or knowingly produces a false impression in another, who is thereby drawn into some act, injurious to hiis own rights or interest, a Court of Equity will relieTe." I'nder the influence of these just principles then let us first look at the relative position and inter- ests of the parties to the transactions of the months I of September and October, 1847. Ivlelvin was ; entitled under the devise of £30 per annum, and » house to reside in, by the Codicil to a farther sum i of X'tiO per annum and if f-om ill health he j became uiiabli to perform his ministerial duties to a provision for his life of no less than £80 per I annum, and an assistant in the Ministerial oflice iToMelvin, Gallawav stood in the relation of a I brother, while the Deacons of his church were i bound to him by ties equally obligatory. That in ' seeking to induce a person having so large a pecu \ niary interest as the Complainant had to aliandon ' It the most sictupulous good faith was due ftom . them to him, is a position that I need not vuidicate. I it will find a rc.>'pons€ in every hcnest heart. It ic I sworn by the Defendants" witness, that, at thi: I time, there w;as a design in a few of the Church ' members, " to get rid of the Complainant bv fair ' 7ninns if thev could." To fffect this. \V H into an freeman Hnil '>enrgf Mi'i.re 1 >« er° 'he prin^ip: n u i »ll(l moisl .l'*U%'' n^chl- Till II I' I i.-^ 'Xniiiin' «liiit ihry dill. f'>r it i* liv llieit denrti ilml ilic hid- i^uii desii;in of till.- cratiy are iiiivuir il. It will brt re<Milleclcd ili:il LU-mcni-i :is well as <;. McLeod and \V. II. I'ri'eiiiaii .qiiillfd in tli>' first iiisunce lo Mr. CialUwny, but tli.il (.'lunirn iMi'jiiir." > ' iJ>i i-"i 111 I 111 liul I'll tli.1t l.i< rimtni'lcr h:iil brrii injiirod tiv Ins vMte ; the l.ingunKi! in »liioli lii^ biotliiT MinisUr addrr^.sed hiiu wnsi thai lit' uirt.i'tiiiii. uuil calcuialcd In cxcile liis )i<ipt.» and iil.trm Ins Tears. li IS nut ixtraiirHiirirv lliat iimlHr ihfise circiiin I .,..,.,, i„i..,i ...ill, ii... <• .i.uniij .,1" t'l,. I 'ftaiiif!' IK ."tiiiiild \N rile iind hand In tht seveiiti-ei was nnl made acquainted wi'.li tin' (•iiiiteiit;^ oi i.n.' 1,1 1111.1 , . •,, 1 ,. \i, (', II. ,,.,,. i,,,r ^ni,i-i» .,1 iini I 111' inbtrs (it his cluirrli. tlu re abseiiilded wliat Ik leiliir wrillan uv Mr. U.illawav, nur ap(jri.->''a iiiai . . , , , , , did and \\iint lliey p.icerly liraHjiud at lU a.s H he had also prt'iiartd i rtsnhiiinii In he iimimiI tnr , , , , , i 1 Mflvin-.rtisnn.s.l. Wher.-I.ne this cunr.ainH-nl "-f'^'i!"""'"- '' '';'.'' In en uPjed thai the r.miplain- ■ ' 'Minsf!! iniitnl tins as a iiieflinp ot tlie III '. rtisnii from Cleniciits ' Wlierelure did tliey mil eiiquirv of Mis. Melviii before the lulcr ai liilioii weru willlen. make reso- 't\w. writer of 11 darkly .iiliidiiijj 10 niinors (o( winch unless las uile ajiprised linn he conld know nothing', tor she had (irigiiialr;d them in In.' ahsenc) t> lis the Coiiipltiii- .iiit tii.-tl iitiiher liiK writer, the Deacniis, nor the cliurch. rredil them. Yet he tells liiin. ilifre is a iteiieral perliaiH a iinantmous oiiiiiinn that lus nseliiliitss was done at Liverpool ! Thai iliercf was iiol a .icneral far less a unaniirums opinion to tills eflect, is now hevoiwl cnnlrosfrsy ; and how i-uuld anv man ol tilui-iitlon and oidiniry !eeliiij> tuake such a siaienieiil to ati aged brollier, wiih- (lut lakiiii; some means to asrerlaiii iis irntli. It was no li;.'lit mailer he was deaiinL' wiih : hh could lose iiolhiniu', vel was he advising Melviii at a moments notice to give up all his siihsistence and this loo while he protessed lo I'elieve liirn entirely iiiiioceiil. It is no jusut'icalimi of Mr. Gallawr'.y that he relied on those deacon!-. Before he made that asseriioii and gave thai advice lie should himsBlf have made the most ininntp tnqiii- for which there was sufiirient lime and 1 ries, aiil liavipi; chi.ich iliily called, ddi miiy in thai paper but in III.- I'lll ii iliirs not He 111 his mon'.li to ^aiii say llJ.ll iio\\ . No diiiibi the meeliiig to enquire into the Irnth or iilseliood of 'lie prevalent reports against iho Complainanrs moral jliaracier was a kgnl meel- iiiii, and lor Ihiit pmpo.^e ih.ly called. Sjucii it is slated to he in the liill. iiut it does nut iherel'nre lollnw thai it was a leeeling which had power to i!m what helonfjed not to them alone to do hut lo ; them ill ciiniunclion with others. The Coniplain- aiil adilres^eil iiol iheiii there assembled only bul i the < 'oiigrefiaiional C/ii/;tA ol Liverpool, and the ' very terms n-ed shew ihai il was not his sponta neons aet. but the result of the insidious sugfres lions ol Mr. ("r.illrvay and his Deacons. Thf? ill. le with nhich the ineeimu then usurped the I function^ of the whole ehnrch. and resolved that 1 the <'omp'ainanl"s pastoral relnilon was dissoWerf, jwas most iinbecijirnnp. 1 have no hesilalion m i aiijudL'inii this tiaiisaction void on two grounds 1 first, lor the dece|ition practised on the Complaiii- i ant ; and secondly, because they had no right lo i assume the functions of the whole church. The opportuii 'V for he rtiuained at Liverpool a fori , . • u- u / niuhl; he was at any rate, mlrudms laio a bru- j l>efendanis themselves appear uncertain which of thers doimcil. and vet wiihoui atrordmtj ih:.l hro- "'^ 'w" 'iieeii"cs to rely on; they stale in their ther an opportunity' of vmdicannff himself. vMihoutia'-s^rrr. - that the ( omplainaul conliuued to be even making a sin-ile prelimincry enquiry of Mrs. Mehin, he prepared a letter to induce him lo resign and a resolution to lemove hini if he did not act on his advice. Ikit the coiuincl of the Deacons in calliiifr the ineelin2 equally shows the designs of themselves and Mr. tiallaway. Why vvas noi public notice of this meeting given Ol, the previous Sunday from the pulpit ' Why were not the other stations iiotitied of ihe intruded meeting' Had not they, ihe niDinhers of the church resident in the circumjaccnl settlements, as much interest in the removal and leteniion of ihe Complainant, as ihey and those whom they the Pistor I'f the Conerecational Church unlil the month of Oeiobrr. 1817, on, until ihe month <rf February, HJ8." Now it i< I Icar thai in the eslimalion of a very com- peteiil jiidae, the Kov .Air. Toinkins. that relation ciiiiliiiucd to exist on the jih February, ISIS; for on that day addre^^i^lr the Ceniplahiuiil, he speaks of " llie chnrcli over which jou preside at present." Bul befoo- 1 L-n larther into this loiter, ii will be proper to make a lew preliminary observations il will not be fjr2;iiiteii that a meeting had been held m ^^lVllnllPr, l-slS.al wliirh resolutions aiiniillip!,' what bad been ilono at the October meelin?, and recognising' the Complaiiianl as Pastor, had passed; and ihat ha couiiiujed to prearb al ibr u~iial places, including the rncelin; house ni Liverpool, from ibal lime lo the early palhered together on the 16th October 1817 had' pan ol Kcbrunry Thai he did this with ihe acquies Then observe the implied threat contained in the ccnce of all is plain, lor Mr. Tomkins commences bin last sentence of this letter, "Now,"' says Mr. Gal- ' l-'>"et" ihe 5ih refmary, by then addn-sing^ as hi. laway, this word is underscored, an ftonoKrable testimonial." It is plain that in wri- ting this Letter Mr. Gallaway was knowingly doing his best lo induce the Cuinplainani to resign. But ought he not in common candor to have told the Complainant (whom he addresses as a " Dear 1 '^'^ ^.^^^^ accidentally IJrother," and concludes by subscribing himself; ^^jr. Tompkins is' immediately found in conimunica- ;is his affectionatelv,) that if he did not re.«iirn, he lion v.iib William II. IVomsn, and suggesting 10 him h*A prepared a retoluiion to turn him om of office. ' that a rour.<:i; should he called, of which before that su?_ • ' . I (jestion Freeman Tupper kneic nnlking ; and lorltiwitn How wa.s the Complainant to aBccriain tnr ^^^ Tomkins prepares the paper dated the 5th Febru- ij ., I dear biollier. "I will preach Inr yo" on Sabbath afler- VOU conic gel I ^^^^ ^j^^j evening if you will lake" the morning service." The Cnmplainanl being thus in full possession of hit office, and in the use of the nicelnig house, Mr. Tomp- kins appeared in Liverpool on the day before he wrote thai letter. lie came wiinvited bul not unaccompanied, for one nf his deacons came also, and ihe latter says iniPn 01 Ins <inai it U v\ tii'iro *^ nr 06 lian^- nr\. ii (liic liMle III Ills ieiifi to to* L.onMpuiriar l.l f 1 II r»ciilli-i Itilj I.I wliii-li II i* r''iiitmn''iMli'U ilim n ihiinli iiiceli:ii{ -.hiiiild hr ciilUil on ilic l'olli)Wiiij< iMmulLj, ilic rill, In fiiquiie iiitu llii- UvM iiifuiik !» ?■ cuic llii- pre»fiil ■iiri future pnopciiiy ul'tlif iliiinli. .Now \v\inl liroiii(lii liim mi'l hi* diaiun lo r,mi|)<iol, m ttiiil liinf Mr Toiiikiiii. oii«hl in Iibvc alliinlnl ilie fulleM iiiiurmaiioii oii ihis point. Howiirr. U. H. Krreiiiaii, ol lii» nwn anlhonl; mid wiilioul (.oiiMiliing Ilia CO dcaioiis, in i mediate tij ^nU ^Inr the Rex. Mr Slcrliu>r,nnd he and a dcucnn 11/ hif jinimjilhi m-pntiilr i to the call, for they too np|itnrrd in I.iv.rpoof mi \\\r nh, in lime 10 take a purl in ihe procecdinij' of Ihe coniein- piaicd inefiins. iS'o nuiice whs i^ivt'ii ol lln- \mT\mfir o( ilii» memn.;, nor were tlit iircumjaient MBlions iiivilr-d •o join ill ll 'I'lic coinplniiiiuii wuv »m k, mid us 10 liii liaving ciniscnU'd In ihi~ ("oiin. il n- it i% dtsisnali'il, Hiltpn. Toni|jkin^' dencipii ;ilihnin;li !ie miw liiin in tiie roiirsc of llip d;i\ of the iniHiina, ami ihiiilin he must li.ivo kno« II of it. lannol lenilleii vvhiii u.ok pliicf when he .saw ("oiii|iluiiiaiil. ll i> prepi.sieioii* to c:iil this a i-ouncil in liii> of ihe aspei;> u\ whic h .Mr. Piincharii presents siuli i hody lo his rt ader> .Mutual it eerUiinlv was nol. l(.r ihe Conipiainaiirs ronseiil \va.« not asked, nor does 11 ;i)ipenr lli.il he knew it aas 10 he formed. hU- parte' \{ (.iiliunly "as. ihal is, a proctedini; uol up lit llie 8Ui{»;eMioii ol one of the parlies only . Ii viasaol 01) hy Mr. 'rojiikins. \V. H. Fremian iind t;eor','o Mcl.eod. in coniliTniilion wiili •.nih inrmhor% of ihe ihiirch n> desired to displace the Coinplainiinl (as I have already notieed one of the witnesses lestilirs as Ihe iiilenlion) ' l)y lair means if ihey ooiihl." I will now reinrn to Mr. Tonikins' letter In this epistle iis III .Mr. tiallaway's the Imrlhen of it is lo iiidiiof Ihe Cotnphiinant to resiifn. He >,i\s. •■ I inlreal \ou to resien." Why. areordinc to the written projio- •ilion of ihe learned conns-l for the Itelendanl. the C^omplainant hail resigned on the irth Ortohcr l-jl? : hi» resignation had heen aceepied. and llie pastoral lela- tion then dissolved. Mr I'onikins ;,'oes on lo lell him " vou most ultimalfh/ re^inn or dmnmo voiir c/ifirnc. 'tr for ever. Kvery hour," the writer rontinnps "the matter is hec.omin? worse and worse. I'rav do not delay, trust the Lord he will provide for you. and Mess j vou if you depend on him," and lie proftirs him ihe liest | lesiiinoniaK of tlie ehuii h if he ri>si[»n». Now let iis pause for a moment, w-.is the CoiiipTinnant .Melvin worthy of these tesliinonmls, in .Mr. Tomnkins fsiitna- tion. it so how conld Ins reliisni;,' to rcsisn dair.ayt his rharacler for ever ? If he were not. how roiild Mr. Tomkiiis proflbr siicii . testimonials in !;in3ua:;e si, solemn as he uses ? I'pon the hypothesis of the t 'mnplainanrs ciiilt, his rnin misrhl ensue it he derlinrd the profferred testimoni.Tls, ', hilt in what a position does thai hvpolhesis place .Mr. Tompkins'. \ Hut to proceed he say« " pray my denr I miher. let no ; pecuniary considcralii'ii enter into your iiiiiid ; ma '"hrislian Minister these oui'ht to he qaitc secondary.'' I'erimiary considerations I w hy wh;it is this controversy ahont hill money .' Wherefore does .Air. Toiiikins' lake down the tesimiony ol witnes'-es, in lis own hmise. ll it he not to prevent the Coniplaiiiiint from sriung what ' the testator devised es|«.'cially - iiiieuded especially lor ' .laines .'Melvin .' ' ' ' The opponeiils of ilie f-"oiii|ila:nant are in possession! of the meetiiiif liousc, and (thonsjh not «o numerous as his supporters \et they are more weallliv,) can one | >yould think afford to do without the '.early produce of ihis devise. Pecuniary considerations ! the Defendants i have already .scciirinii; iheniselves from personal liahilily twid Ihe liust funds lo .'Mr. Meikland for his services for two years, and if ihis litigation terminatei in the \ Oefendants' fa»-i>r 5Tr Tompkins will proh.iMy also i^e ' the recipient of them, or at least the parly who support '' him. Aijain I must make the enquiry, is Melvin an | adulterer 01 a fomiestor, if so the law is open to his j accusers and they oueht lo resort to it nflicary and lnrK«arnri,.« vrc ,«iil nfil,.! n,. .«*,,»■* .,^„- ..* .It ... 1... Itir he h;i« rhiirsii d lUiMi on ih. reioids of this the lii(fj«- tst eouii in ihe land, witli Jtci |.ii,iii and collu>ioii. 'ruriinii( fioiii this IvII.t io mIisi occurred at the uuel' in« the tirst thin^ that kinkrk one u the piopo.ul tint ^./I'le tbe council retiivd ihe ineetini; tliould resolve to 'ibide \'\ what the Conncil should delerniinc. Tlii« course is certainly i,.>t that which Mcl.eod's te>tl- n.oiiy would lead in lo believe lo he eonvirient «iiii Cniii;re,'al al ii...a8e niid principles. A council u called , 'o advise » church m djlHculty and when the church I has heard ihe adviee it may accept or reject it. Not to on ihis occH-ion, the re-,oluiioii In ahide hv the decision p.-eccded not only ihe decision hut the deiiherniioim o( iliis council, his idUioiiwell on such a procednr* »i'h lis antecedeiilii and CO cuinilanis as hinding upon ihc coinphnnani This decision like Ihe oihertwo dot u- inenls i> m .Mr Toiiikins" hand writ ins. and is addressed to the Pas/or, Deacons and inemlxfrs of the Congreua- tioiial CInireh and proceeds a» lol. -\vs : " We hiiVH c;irefull\ I'lken ,nto niir considrraiion th« /•i'o.'i/y of ihe ineeiini; of \oiir Church at which lh« Reverend .liimes Melvin tendered his rmivnalinn -« piislor jnd we leel hound to state thai in our opinion .1 was a lei,'nl one in all respects." Knt whether ihal mcetiiii; was a le^al one as aflcctin^ lliif devi.e is n qins ion lor this »;onrt. And to not a niajority of church iiieiiihersoiilv lint a majority of them and of the Cointre- ; UHlion eontriliutins to his support and usually attending I his ministrations is prestrii.ed hy the Tesia'tor for ilia I renioval of the (■oiiiplainanl. Another document out 111 ! evidence hy the Delendants remains to be consiifered. i It IS the paper in the Cnniplainaiit's hand-.rriiinr with- out (late and sisnniiire which I have read, it is therefore not in my power to apply its eoiitenls to anv particular period. |!(ii It is hv no iiieann a resianalion. On Ihe '•"iitrnry. he ihrows iiiinsalf ou llie church, ofilctingly i iirLiin:; iliHi he has many lies lo hind hiin to it and !• : I.iveipooi and anxiously asks where he is to find a shel- ter lor hinisell and his children. I regard the whole of these pro<-eedin^sas inlcnd-d to move ilie fears and hopes of the Complainant and thai .Mr. Touikins' letter 10 hiiti was especially written with lh?l ohject. On this account they are in a Court of Kqiiiij constructively fiaudulent and I'noperalive, hut htsidcs this I adjudge thciii inoperative uj on the devise l.ecuise those of the Congiegation who had an interest ill it were not called on lo"lalfe part in the proceedingg. 1 have hitherto considered the case as it wai mainly prtnenled to nie at the har. aud (avoiding the qre»iioa as to that construction of the devise which would giv* the CompLinanI an interest therein, deterniinahie only h\ his death, or hy his own net upon adequate consider ation) have assumed that he has no greater interest under it. than a successor tlioscn agreeably lo its Icriiis, <•..!?■. iiier the Complainants death, could claim. Btii even in this view the qaestlon btfore the Court is a broader one than thai presented by either of the learned Counsel. It really h whether a aisioliitionol the Coir- lilainaiit's pastoral relation, could lepallv take place hy the act of himself and a portion only of the Church, so as to divest the riirhis under the devise of that other portion ol the church, and of the congregation whichlad not had the opportuiiiiy afforded them of endeavouring to dissuade their I'asior Irom dissolving his connexien with them. It was not in the power of the Complainant, at his own pleasure, at a moment's notice, to withdraw Iroin them his ministralions. He was receiving the prodiiee of Ihe trust funds arnualJv,to minister to inert, and ill the trust funds they, as well a» he had »a innresl They, as well as he, had rishli. What he could net legally do hy himself, would not have been rendrrrd legal hy the conjuticlion with biia of th* Mventttn church members in October, I347.even though the tian.- actions had inoiher resj^ctilieen unobjectionable, Thi.t in the Defendants' estimation, the contract hetreen Pastor and flock had net lermtDated until the enrf of that vesr. is plain, for ihcv paid him the prodmr of the Irn" !♦•. I i Ilibe'Wuc u.iisimaii.4. o( llic (fc^Hi'fH^, tliiu the l.rii,-fii .>l ilw cburrli and rmisreijuliuii «ii> the iiriiiac ■)t'K<t ..ftlft teumtor, ana tlinl ol llic «ompluiiiu.il (.eroiiJary .Hl»y nnrt ui coiiM-iticnr'' llml llif people al nil Ihe ilaWwr' liaH an mtiri>t iliere.n, it.ai iiiu-ri'M .11* iioi f* HiYtetia lif urucftilinvs i" wliiiii lliey were not allowed (O Wirlidt)ate,lli--mostiiiil'or'anlol which Hit tmiln.gin OCtotirt 1 ^17, luiil takeo pluce l.efure Ui»y had boaiil ol il. "Mdsl unvillin^ly did tlie C.m.pl»in«ii. atk l<>r hiR disini«»i"ii I it'i'l ''"le. ""•* li^loi'S ^'» "''"■'■ ■ '''* """ .lecUrHiions ol iHp sUo.i^.sl, vrliul do H'^v i'vii.<i- t'ul llip workMiys «i«4 flHaa'iont. of B defj-ly ngiiaifl 'kiu'I MiixiouM I., rehiain, l.ul unwillin? I>y doii.'j so u. inj-.re his chiircl»< HOW l.elirig tii» charneier XiJ." irrtlru-vBMy iniiir.H aiid lii« usetulnes* at nn end, and i»a:»iii willuit 10 hoiw thai hi' miiflit yei he a u«ciul laliourer m iln' field hi wluth hf had lou'; i-ik-d. 15m if ncis mid doclariilioiw ot tlie Complninanl nre 10 l)C r.fincd to, u QfTording inferetii ,-» of acquieBiciiCf, aeis ol resistance also inukl he regaided, tml what uti v^ he more unequivocal lliuu las reumiiii; uosmsmuu 4H the i\lisi>n Houf-e iiotwitbslaiidiiii,' lUl'ealc.t doiii;uiU» jiuon liiiii to'*l>ii<lu>»'' 'I , . , The eiilire ahueuce of sordid iii"Mves "ii his iiar' li.i,- Ycrv favorahlr imiireHsed the Couii. 1 have louud nMit: suek, hi bis conducl There are lew who woui.i so remliK- have asseiiled to purl with si ,1, n iKianiaiy m- lereal'as the drtvi,e yave him, ami cxi-lclbiuius ^u ™b- sillerahle a> Ihe Codicil promised. And shall d Couil of Eqaily h>J '!'■>-'' <» '"■"■'' "^'f V iiidiscreel wurd and vagrant ibouiihl thai escai»;il li.s Itiw, and si»e ihem form and suHsiancu m sncli wi-e as to «ri;) hiiii of ibe louiily ol his Iri.iid. U was .-onteiided hy Mr. Johnston, thai lot d.ivi^c Kirea hiiii a more pennanenl interest, Uian would lall to a aocceasor 111 iha f.*Jiorai office appouiied agreeuljly 10 ibe devise. . , , , During the argument 1 euletlaincd and expressed some doubts as 10 Ibe soundness of ibis consiruouon ot 11 1 kavc «ince «ulu«cltd the devise, in counexiou wiih ihc codicil to a careful eMiniuiaion, and without expressing a decisive opinion, I wish it m he understood thai I do not retain the impression which 1 intimated ai the hear- "'lwa» asked wilbinuch solemnity whether (admiliing that il was uoi ijie fault but the misfortune of the ( om- plaiaant :-~as a scandal did in fact rxist, and as he did live 'apart from his wife) the memliers of his church werA not morally bound to withdraw themselves and their fctnilies from his ministry; and whether if I had heen a member of it, I would not have done ,<!. .Vly answer is emphatically no-unles.i 1 believed hi.it to he n auilty man. To aba'ndon him as a victim to his un- natural slanderer;-n minister of the Gospel, and my own minister too. wouM ;.. my judgment be ns pracli- .allv iiipxpedipni as it would be essentially niijust. fhc Defendants' Counsel has also stionijly yr-eil and their witnesses as well as the Pefendants ulio have •ivn teslimnnv have sv\-orii, that ibc reMoration t.>. ..i llie rclciitiou of, ih' Coniplainant in hii |mMnral <°I^M. will break optiiid ruin the Congrtgatioiml ^'''*'vOl| l.:ver|iiiol 'rhi» nmy be &o, but I must rcpej\ flin r caiiiioi see liuw siaii a result can follow, froui any dc^i that can be pronaiipced in tliis cause, I have nlrfady noticed ihnl, hy their disiinctivc priir5 cipK's^ iinv nutiilii'i of t'on^reijutioiialists can, atjwtt- snre. sipu rate- from their brethren; niid ibat .be Coitt plainunrs oppentnis have 10 separated ibemselves li«mi liini liiid ;Iieir fnimer I rcthren, and worship by tbeni- selv. s The Deli ntlanls ulid oihers, bavc th..; incTtiiM liriusc. whicli is (icfrihrd ns so creditable in ils arcbP l.'cimi', iti ori'sn and its nlhcr ftdornmenis, in possession, and \\v\ arc the wonllhicsl and mosi leadinsj men of that liody in'lJvfr|Ki<i|. Bui were the result to hetbal which Ihe behndaiits ihprceatc, expediency has noplace here. Upon the coihI'.icI of the prineipal actors in #icse transuctions, I have made unfavorable coniiiienta. I hare made Ibeni rclnctnnlly. loit neither learniiie nor so- cial posiiioii, cxiMipis their jmssessors Irom merited ecti- siire in a I 'oiirl of Jnslicc. Jiidrx (l.iiiinali'r, 'i/in nooois abaolritur. II Ims hi'cnnlj'.'ctrd a-aiiist the Complaiuanl, liy .Mi VoiHis. that he [xissesses scarcely the rlenients of schnol hoy learning. Hut with tliis the Court has nothing to do: il was a rineslion for the lestatui. iind lie has answered ii: il is a question for those who remaii cd under his ministry, and ibey are satisfied. Far he il from me to suggest that literature is not an (in these days perliaps an indispensable) ele- nioiii 111 the cdiieatioii of a Christian Minister. But in essential (in tl 1 l.ieco'i'. uin'ti UI II V -.11.11 ..'>•■•.«...•. -'^> — linns, now liiipnily gone by, great was ibe neglact of oni natitiiml c'luVcln'S Inwards llieir children, in liietc then far di.slaiit lands. Had il not lieen for men (uidet- lered as .Melvia) many a dweller mom solnary places, had gone down to the grave without the Chrislian's hope. These men— unversed in all save the learning of the i,'o.»pel y el aUe to appreciate and impart iU glorious trutl.s; tlKir iinly classic the bible ; encounterad perils, iiid eiidnreii privations, in spreading these trnlbs-, flW»i wiiirh the more genllv nurinreo sons of claaaical and biblical liierauire, might well bavesbrnnk back appalled. 1 caiinoi (.o'.iclude without expressing my sense o< ibe great idiilily and eloquence displayed at Ihe bcarinf. I had filieiiiii'ncsJielore lisuned to Mr. Jchnslon and Mr. \ onng Willi mensiirc.hul on that occasion they sur- passed iuon'.''eives. 1 decree that an account beiaUenas prayed, and raaorvo for luiiher directions all li.rther questimiR, and a« to costs wiih leave to I lie purues to apjily lo the Court as ihey may see occasion. Ill deciding thiJ case, I have given coasideration aud efficacy to all the lesliniuny (including that of the De- fendnn'ts who were examined,) as well ns thedocuroents lo the reception id which as evidence, the Complainant's < ;iiuiisi 1 ixceiilcd ; it is, iherelorc, unnecessary for Jlie to pinnouiic'- an (>pinioii n|ion lhos<- exceptions. 1^ hm •I !P# I t/fu ■«ri \\\ ^f M #^^ U:^4^