Attorney General v Baxter
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1684 |
| Date | 01 January 1684 |
| Court | High Court of Chancery |
English Reports Citation: 23 E.R. 446
IN COURT, LORD KEEPER.
Referred to. Sinnett v. Herbert, 1872, L. R 7 Ch. 236. See also Thomas V. Howell, 1874, L. R. 18 Eq. 198.
[248] Case 243.-attorney-general versus baxter. Preferred to. Sinnett v. Herbert, 1872, L. R 7 Ch. 236. See also Thomas v. Howell, 1874, L. R. 18 Eq. 198.] ä..,,- Eodem die. In Court, Lord Keeper. [1] Eq. Ca. Ab. 96, pi. 9, S. C. ' A. by will in 1676, gives £600 to Mr. Baxter to be distributed amongst 60 ejected ministers.-Upon an information by the Attorney-General, decreed the charity to be void, and the money to be applied for maintenance of a chaplain for Chelsea College. x c* cXA^rKi Robert Mayot, who was a beneficed clergyman of the Church of England, by his last will, 12th October 1676, bequeathed £600 to Mr. Baxter to be distributed by him, amongst 60 pious ejected Ministers, and adds, I would not have my charity misunderstood : I do not give it to them for the sake of their non-conformity: but because I know many of them to be pious and good men, and in great want. He also gave Mr. Baxter £20, and £20 more to be laid out in a book of his, entitled, Baxter's Call to the Unconverted. Upon this will Mr. Attorney-General exhibited an information, wherein he alleges this charity to be against law, and that therefore the right of applying this money was in the King ; and that his Majesty had declared his pleasure to be, that this £600 should go towards the building of Chelsea College. Mr. Baxter in his answer stated the controversy between the conformists and dissenters, and showed upon how small a matter some, that conformed in all other points, were kept out of the pale of the church, and ejected from their livings: [249] and then swore himself a conformist, and that he knew many poor pious and ejected ministers, that were in great want, and forced to undertake servile employments for their livelihood: and that he accepted of the trust reposed in him by his testator, and intended, as soon as he could get this money of the executors, to distribute it according to his testator's intention amongst poor ejected ministers, who he supposed were not disabled by law from taking of a legacy ; and said, he did not believe the testator had any design against the government; being very conformable to the church, and one whom he never saw ; and that the testator was very charitable, and sets out many excellent charities of his in his life-time, that were legal...
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