Lady Hewley Trust
Encyclopedia
The Lady Hewley Trust, now a charity, began as a significant benefaction to support Presbyterian, Congregationalist and Baptist
Baptist
Baptists comprise a group of Christian denominations and churches that subscribe to a doctrine that baptism should be performed only for professing believers , and that it must be done by immersion...

 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
Unitarianism
Unitarianism is a Christian theological movement, named for its understanding of God as one person, in direct contrast to Trinitarianism which defines God as three persons coexisting consubstantially as one in being....

 history, and turning on the current beliefs of ministers who were supported by its funds. While the legal judgement went against the Unitarians, the introduction of the Dissenters' Chapels Act (1844), which followed on the case, improved their position.

Lady Sarah Hewley

Lady Sarah Hewley (1627–1710) was the only daughter and heiress of Robert Wolrych (died 11 December 1661), bencher of Gray's Inn
Gray's Inn
The Honourable Society of Gray's Inn, commonly known as Gray's Inn, is one of the four Inns of Court in London. To be called to the Bar and practise as a barrister in England and Wales, an individual must belong to one of these Inns...

. Her mother, whose maiden name was Mott, had a fortune from her first husband, whose name was Tichborne. Sarah Wolrych married John Hewley
John Hewley
Sir John Hewley was an English magistrate and Member of Parliament, an early Whig.-Life:He was son of John Hewley of Wistow, near Selby. He was admitted to Gray's Inn, 4 February 1638, and became recorder of Doncaster....

 (1619-1697), son of John Hewley of Wistow
Wistow, North Yorkshire
Wistow is a small village and civil parish just north of Selby, North Yorkshire, England. Until 2004 Wistow had a small colliery.-External links:*...

, near Selby
Selby
Selby is a town and civil parish in North Yorkshire, England. Situated south of the city of York, along the course of the River Ouse, Selby is the largest and, with a population of 13,012, most populous settlement of the wider Selby local government district.Historically a part of the West Riding...

. As his widow, Sarah spent large sums in works of charity.

In 1700 she built and endowed an almshouse
Almshouse
Almshouses are charitable housing provided to enable people to live in a particular community...

 at York for ten poor women of her own religious views. In 1705 she contributed to charity schools founded at York by Archbishop John Sharp. She died on 23 August 1710, and was buried with her husband. Portraits of Sir John Hewley and his wife are preserved in the vestry of St. Saviourgate Chapel
York Unitarian Chapel
York Unitarian Chapel is a building on St. Saviourgate, York, England. It is a member of the General Assembly of Unitarian and Free Christian Churches, the umbrella organisation for British Unitarians....

. Their two children, Wolrych and John, died in infancy.

The Trust

On 13 January 1704–5 Lady Sarah 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
Independent (religion)
In English church history, Independents advocated local congregational control of religious and church matters, without any wider geographical hierarchy, either ecclesiastical or political...

 from Manchester
Manchester
Manchester is a city and metropolitan borough in Greater Manchester, England. According to the Office for National Statistics, the 2010 mid-year population estimate for Manchester was 498,800. Manchester lies within one of the UK's largest metropolitan areas, the metropolitan county of Greater...

 objected to this controlling influence, and they brought a lawsuit concerned with the enforcement of the terms of Lady Hewley's will in 1830; one of the topics in contention was the funding of Manchester Academy
Harris Manchester College, Oxford
Harris Manchester College is one of the constituent colleges of the University of Oxford in the United Kingdom. Formerly known as Manchester College, it is listed in the University Statutes as Manchester Academy and Harris College, and at University ceremonies it is called Collegium de Harris et...

. The initial legal ruling sustained the view that a Trinitarian
Trinitarian
The word trinitarian is used in several senses:*Ideas or things pertaining to the Holy Trinity.*A person or group adhering to the doctrine of Trinitarianism, which holds God to subsist in the form of the Holy Trinity....

 commitment was necessary, from those with benefits from the endowments. This judgement was then twice appealed, but was upheld by the Lord Chancellor
Lord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...

 in 1836; and again by the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....

 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
Edwin Wilkins Field
Edwin Wilkins Field was an English lawyer and painter who committed much of his life to law reform.-Life:Edwin was the eldest son of William Field and was born at Leam, near Warwick. He was educated at his father's school, and on 19 March 1821 was articled to the firm of Taylor & Roscoe,...

 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
Doctrine of the Trinity Act 1813
The Doctrine of the Trinity Act 1813 was an Act of the Parliament of the United Kingdom...

.) This aim was achieved through Parliament, rather than the courts, with the Dissenters’ Chapels Act (1844). 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
Charles Pepys, 1st Earl of Cottenham
Charles Christopher Pepys, 1st Earl of Cottenham PC KC was a British lawyer, judge and politician. He was twice Lord Chancellor of Great Britain.-Background and education:...

 added a clause to protect two chapels in Dublin over which litigation was already active. Despite extensive opposition from religious groups the bill passed.

Further reading

  • Richard Potts (2005), Dame Sarah's Legacy: A History of the Lady Hewley Trust
  • 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
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