Attorney General v Clapham
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1854 |
| Date | 01 January 1854 |
| Court | High Court of Chancery |
English Reports Citation: 43 E.R. 638
BEFORE THE LORD CHANCELLOR LORD CRANWORTH.
S. C. 24 L. J. Ch. 177; 1 Jur. N. S. 505; 3 Eq. Rep. 702; 3 W. R. 158.
[591] attorney-general v. clapham. Before the Lord Chancellor Lord Cranworth. Nov. 21, 22, 23, 25, Dec. 1, 2, 8, 9, 1854; Jan. 15, 1855. [S. C. 24 L. J. Ch. 177; 1 Jur. N. S. 505; 3 Eq. Eep. 702; 3 W. R. 158,] Where a fund is raised for a charitable purpose, like that of founding a chapel, and the contributors are so numerous as to preclude the possibility of their all concurring in any instrument declaring the trusts, and such a declaration of trust is made by the persons in whom the property is vested at or about the time when the sums have been raised, that declaration may reasonably be taken primA facie as a true exposition of the minds of the contributors. Parol evidence is admissible to enable the Court rightly to understand in what sense words are used in a deed, just as evidence is afforded by a dictionary which enables us to translate a foreign language, or by a book of science, which gives us the meaning of words of art; but where the aid of parol evidence is invoked for the purpose of contradicting the express provisions of a deed, then such evidence is inadmissible. In the year 1751 some members of the Methodist body, followers of John Wesley, purchased a chapel, which was duly conveyed to trustees, upon trust that the appointment of the preachers thereof should be made by John Wesley, during his life, and, after his death, by the trustees. Upon an information in 1853, filed at the^ relation of two members of the body of Wesleyan Methodists, for the purpose of establishing the right in the Conference of appointing preachers to the chapel, and of removing those of the trustees who asserted the right of appointment in opposition to the Conference : Held, that parol evidence was inadmissible to prove that the provision in the deed giving the appointment of the preachers to the trustees, was inconsistent with the paramount objects of its founders, and would, after the death of John Wesley, clash with the general system of Methodism. The expression attributed to the Lord Chancellor in Attorney-General v. Hardy, \ Sim. N. S. 338, with respect to the removal of dissentient trustees, observed upon. The information in this suit was filed at the relation of Thomas Beaumont and James Middlebrook, two members of the society of Wesleyan Methodists at Birstal in Yorkshire. It stated that the religious body known by that appellation was begun to be formed by John Wesley in 1739. That his plan was to unite the "members " into " societies," meeting in particular localities ; to appoint " ministers or preachers " in the societies, the senior being called the " assistant preacher or minister," and "stewards" for the temporal concerns of the societies. That the "societies" were subdivided into small companies called "classes," the members of which were charged IDBCLH. 40.593. ATTORNEY-GENERAL V. CLAPHAM 639 to promote each other'* religious edification, and one of them was called the " class-leader." That when the societies in particular neighbourhoods were sufficiently numerous, they were divided into " circuits," comprising [592] the societies contiguous or conveniently accessible from each other. That " ministers or preachers " were afterwards appointed to particular circuits, who, by the direction of the " senior or assistant preacher or minister" itinerated from place to place within the circuit as occasion might require. That the government and direction of the entire body was originally vested in John Wesley exclusively, and that he appointed the ministers or preachers in the societies or circuits. The information then stated, that, in 1744, John Wesley commenced the practice of summoning certain of the ministers and preachers to meet him in Conference and assist him with their advice in the exercise of his jurisdiction : that these assemblies became annual, and were called "The yearly Conference of the people called Methodists," and that after its organization, John Wesley was accustomed to act in the exercise of his jurisdiction in accordance with the opinion of the majority so assembled; and that this was the system of the Methodists in operation in 1750. The information then stated, that, in or before 1750, John Wesley, with the assistance of hia brother Charles Wesley and William Grrimshaw, formed a society at Birstalin the West Riding, which was united with certain neighbouring societies into the "Birstal Circuit;" and that in August 1751, John Wesley, with the concurrence of the Conference,, appointed John Nelson to be the preacher of the Birstal circuit. That in or before that year the society at Birstal bought a close of land there upon which they built a tenement and offices, part of which they appropriated as a meetinghouse and the other part as a residence for their ministers or preachers ; and that the purchase-money and fund for building was provided partly by the voluntary subscriptions of the [593] members of the society and others, and partly by money borrowed at interest upon the personal security of the persons to whom the property was conveyed as trustees. The information then stated, the conveyance by indenture of bargain and sale dated the 3d December 1751, of the premises described as the "New Meeting House" and appurtenances, then in the tenura or occupation of John Nelson, to John Rhodes and eighteen other persons, upon trust to permit and suffer John Wesley, and such other person and persons as he should for that purpose from time to time nominate and appoint, at all times during his life at his will and pleasure, to have and enjoy the free use and benefit of the said premises-that he John Wesley, and such person or persons as he should so appoint, might therein preach and expound God's holy word; and from and after his decease, upon similar trusts to Charles Wesley and his appointees, during his life; and from and after his decease, upon similar trusts, to William Grimshaw and his appointees, during his life; and from and after the decease of the survivor of them John Wesley, Charles Wesley, and William Grimshaw, then upon trust, that the parties of the second part (the nineteen trustees to whom the property was thereby conveyed), or the major part of them, or the survivors and survivor of them, and the major part of the trustees of the said house and premises for the time being, should at all times thereafter, monthly or oftener, at their discretion nominate arid appoint one or more fit person or persons to preach and expound God's holy word in the said house, in the same manner as near as might be as God's holy word was then preached and expounded therein; and upon further trust, that when and as often as any of the said trustees for the time being should happen to die, or other than the said trustees already appointed, should remove their or his place or places of [594] abode or residence for the space of twelve miles or more from the said house, or should resign or give up his or their place or places, station or stations of such trustee or trustees, that then and so often, so soon afterwards as conveniently might be, the rest of the trustees for the time being should elect and choose some other fit person or persons to be trustee or trustees to fill up such vacancies and keep up the number of nineteen trustees; and that when and so often as the number of the trustees in whom the legal estate in the said house and premises for the time being should be vested should be reduced to the number of five or less, that then and so often, as soon as conveniently might be after the whole number of the trustees should be filled up and made nineteen, the trustee or trustees in whom the legal estate should be, should convey and assure the said house and 640 ATTORNEY-GENERAL V. CLAPHAM 4DB O. M. & 0.89B. premises to the use of themselves or himself and the rest of the said trustees for the time being and all their heirs for ever, upon the same trusts, and for the like purposes, as were thereinbefore declared, and so from time to time for ever thereafter, as often as the said trustees should be reduced to the number of five or any less number, whereby the said trusts might have a perpetual duration and continuance, and might not come to and vest in the heirs of any surviving trustee; provided always^ and it was thereby declared, that every such preacher or minister from time to time appointed as aforesaid, so long as he should continue in his said office, should preach or expound twice every Sunday, Christmas Day, New Year's Day and Good Friday; to wit, in the morning and again in the evening, and once every Thursday in the evening, in or at the place aforesaid, as had been usual and customary to be done. The information then stated the death of nine of the trustees named in the deed of 1751-the erection on [595] the trust estate by means of subscriptions of a cottage used by the stewards, class-leaders and other members of the society as occasion required; and a conveyance dated the 7th May 1782, made by the surviving trustees of the first part, John Wesley and Charles Wesley of the second part, and nine other persons of the third part, whereby the parties of the first and second parta conveyed the premises to the parties of the third part, to the use of the parties of the first and third parts; and that a declaration of trust dated the 8th of May 1782, was made between the same parties, whereby after reciting the fact and object of the original purchase-the conveyances of 1751 and 1782-that by reason of the increase of members and hearers the said preaching-house had become insufficient, and that the members of the society, as well as the parties to this declaration, had agreed to rebuild and enlarge it, and that over and above the spontaneous contributions, 350 would be wanted to defray the expense, and which...
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