The bitterness of theological discussion which troubled the earlier
decades of the nineteenth century received new provocation in the shape
of litigation about property. Both in England and America the right of
Unitarianism was challenged to hold those Meeting Houses and Parish
Churches respectively, to which allusion was made in our opening pages.
In New England the chief matter of contention was settled as early as
1818. In the Old Country the struggle was much more protracted, and was
only brought to an end by special legislation in 1844.
The American dispute may be briefly stated. In consequence of the
growing and unconcealed departure of the liberal Congregationalists from
the doctrinal standards of the past there arose a feeling among the
conservatives that the former group should go out of fellowship, but the
communal conditions of the parish made this out of the question. All the
citizens had a right to share in the provision for religion which was
made at the general cost. An acute difficulty, however, presented itself
in regard to the choice of minister. Should he be of the orthodox or the
heterodox type? The appointment being for life made an election most
critical. An incident of this kind occurred at Dedham, Mass., and coming
into the courts led to a decision in favour of the liberals, i.e. of the
'Unitarianizers.' The case was argued in this way: A majority of members
on the register being in favour of one type, are they at liberty to
choose as they will? Or have the citizens at large, being contributories
to the maintenance funds, a right to vote? It was decided by the courts
that the popular right was valid as against the wishes of any inner and
covenanted group of worshippers. This meant, in substance, that orthodox
voters were outvoted by heterodox voters who had not enrolled themselves
by a religious pledge. The chagrin of the defeated conservatives was
naturally great, and harsh language ensued. The upshot was unaffected,
of course, and time alone has had to soften the angry feelings which for
a long time kept the two wings of New England Congregationalism hostile,
to the regret of good men on each side. In recent years very friendly
relationships have been happily set up, while the Unitarians remain
undisputed heirs of the old Parish Churches. It should be carefully
noted, however, that in 1833 the communal support of religion was
abolished, and all religious bodies in the United States have been
dependent since then upon private resources.
In England the orthodox opponents of Unitarianism tried to oust the
heterodox congregations of the old Meeting Houses. A suit for possession
of endowment funds which was finally decided against the Unitarians of
Wolverhampton began in 1817; and a strongly organized attack followed in
1825. A rich fund for ministerial support, Lady Hewley's Charity, was,
after actions carried to the highest court, declared not to be
applicable to the assistance of Unitarians. This decision, in 1842,
looked like the beginning of the end for the tenure of the Meeting
Houses themselves, the Wolverhampton case being now decided on the lines
of the Hewley judgment. But an Act of Parliament--the _Dissenters'
Chapels Act_--passed in 1844 (owing in some part to the powerful support
of Mr. W.E. Gladstone), secured the congregations in undisturbed
possession. The principle of this law applies to all places of worship
held upon 'Open,' i.e. non-doctrinal Trusts; where the congregation can
show that the present usage agrees substantially with that of the past
twenty-five years, it is not to be ejected. At the time of this
litigation the term 'English Presbyterian' came much into vogue among
Unitarians, and for some time there was a marked abatement of
propagandist zeal.