Man v Ballet
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1682 |
| Date | 01 January 1682 |
| Court | High Court of Chancery |
English Reports Citation: 23 E.R. 297
HIGH COURT OF CHANCERY
1 VEBN. 43. MAN V. BALLET 297 [43] Case 43.-man versus ballet. [1682.] [1] Eq. Ca. Ab. 99, pi. 4, S. C. No agreement of the parishioners, where several charities are given for several purposes, can alter them, or divert them to other uses. Upon exceptions to a decree by the commissioners for charitable uses, the chief matter insisted upon was this. Here were several distinct charities given to a parish, viz. such a farm worth 12 per ann. for repairing the church, another farm worth 6 psr ann. for mending the highways, and so much to the poor, &c., in all 40 per ann. The complaint against the trustees of this charity was, that the church had been out of repair, and the rents of the said farm of 12 a-year were not applied for the repairs of the said church, but a levy rate had been raised on the parishioners for such repairs. The trustees reply, that what they wanted in weight, they had in measure. What was deficient as to the repairing of the church, was balanced and made amends for in the greatness and excess of the other charities, vis. towards the poor, and for the highways, &c., and that all these charities were entirely for the benefit of the parish, and no one person concerned in them more than another ; and that therefore if they had not exactly pursued the precise original direction of the charity in its first institution, yet they having done nothing for any man's private advantage, but things only that were necessary, and parochial concerns, and in regard they had really and bona fide expended all the moneys they had received by virtue of this charity, they hoped that should excuse them for the time past; and the rather for that they had but trod in the steps of their fore-fathers; for that for above twenty years together this money had been promiscuously disposed of. But the truth of the case fell out to be, that they had applied this money for the finding of a lecturer, and had allowed him 10s. a day, there not being then any one to officiate within the parish; and it was urged, that this was in case of the whole parish, who otherwise must have found a minister, and so it was the same thing to them whether they paid their money for the church or minister. [44] But the Lard Chancellor said, If it should be admitted that for parochial charities the parishioners might by agreement change and apply the charities, as they thought fit, it would be a great step towards...
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