Dissenters' Chapels Act 1844

The Lady Hewley Trust, now a charity, began as Sarah, Lady Hewley's charity to support English Presbyterian, Congregationalist and Baptist ministers, at the beginning of the eighteenth century.

The trust was later at the centre of a 12-year legal suit in the nineteenth century, noted in Unitarian history, and turning on the current beliefs of ministers who were supported by its funds. While the legal judgment went against the Unitarians, the introduction of the Dissenters' Chapels Act 1844, which followed on the case, improved their position.

Sarah, Lady Hewley

Sarah Wolrych was born in 1627 and she had money from her mother before she married John Hewley. As his widow, Sarah spent large sums in works of charity. In 1700 she built Lady Hewley's Almshouses and funded charity schools founded at York by Archbishop John Sharp. In 1705 she created the Hewley Trust. She died in 1710. Portraits of Sir John Hewley and his wife are preserved in the vestry of St. Saviourgate Chapel.

The trust

On 13 January 1704–5 Sarah, Lady Hewley conveyed to trustees a landed estate, of which the income was, after her death, to be devoted to benevolent objects, including the support of ‘poor and godly preachers for the time being of Christ's holy gospel.’ The benefactions were increased by a further deed (26 April 1707) and by her will (9 July 1707, codicil 21 August 1710). The will was contested without result. Though the trustees were all Presbyterian, grants were made to ministers of the ‘three denominations;’ in other words Congregationalists and Baptists were included.

Unitarian influence

By the end of the eighteenth century all the trustees and a majority of the Presbyterian recipients were Unitarian. Independents from Manchester objected to this controlling influence, and they brought a lawsuit concerned with the enforcement of the terms of Lady Hewley's will in 1830;Owen Chadwick. The initial legal ruling sustained the view that a Trinitarian commitment was necessary, from those with benefits from the endowments. This judgment was then twice appealed, but was upheld by the Lord Chancellor in 1836; and again by the House of Lords in 1842.

The outcome was that by a judgment of the House of Lords (5 August 1842) three Congregationalists, three orthodox Presbyterians, and one Baptist were appointed trustees. The income of the trust was then £2,830.

Dissenters' Chapels Act 1844

As a direct consequence of the legal ruling, a group including Edwin Wilkins Field pressed for legislation. The immediate purpose was to have a retrospective element attached to the date (1813) on which Unitarianism obtained legal tolerance as a belief. (See Doctrine of the Trinity Act 1813.) This aim was achieved through Parliament, rather than the courts, with the Dissenters' Chapels Act 1844 ( 7 & 8 Vict. c. 45), also known as the The government supported legislation, which did not reverse the original decision, in order to head off a predicted rush of litigation in hundreds of cases affected by the precedent. A figure of 25 years was established, after which the right of possession of a chapel could not be challenged on doctrinal grounds. Baron Cottenham added a clause to protect two chapels in Dublin over which litigation was already active. Despite extensive opposition from religious groups the bill passed.Chadwick, p. 394.

Notes

Further reading

* Thomas Smith James (1867), ''The History of the Litigation and Legislation Respecting Presbyterian Chapels and Charities in England and Ireland between 1816 and 1849'', from p. 120
Google Books
*Richard Potts (2005), ''Dame Sarah's Legacy: A History of the Lady Hewley Trust''. Chester: Lady Hewley Trust

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Christian charities based in the United Kingdom
1705 establishments in England
Unitarianism