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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. 
 
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