case richard wilson Esq and other appellant Samuel KIRSHAT clerk and other  respondent that February quere whether trustee of a advowson can vote by proxy  the decree of the court of chancery regulate the mode of election be affirm by  consent vesey by the name of attorneygeneral v Scott the parish of Leeds in  the county of York be about thirty mile in circumference and contain at least  inhabitant in the reign of queen Elizabeth the parishioner with a sum of money  raise by a collection among themselves purchase the advowson of the vicarage  in the name of trustee for the use of all the parishioner in order that they  may after the death of the then incumbent successive from time to time be  provide and furnish with honest learned and able minister after the death of  some of the trustee in who name the advowson be purchase the survivor pretend  that they hold it in their own right and not as trustee for the use of the  parishioner and thereupon a suit be commence in the court of chancery by  diverse of the principal parishioner on behalf of brown themselves and all the  other parishioner against such survive trustee and against Richard Middleton a  clerk by they present to the vicarage and also against the then archbishop of  York the ordinary which suit be bring to a hear before sir Francis Bacon then  Lord keeper of the great seal on the d of June when it be among other thing  decree that the survive trustee shall convey the advowson to twentyfive other  person name in the decree and their heir in trust to and for the only use  benefit and behoof of the parishioner of the say parish of Leeds and of their  successor for ever and that upon the death of any one two three four five six  or seven at the most of the say trustee the survivor shall make a new grant of  the advowson to some other person and their heir to the use of themselves and  such number of other parishioner of the say parish to be by they brown er p  elect as with they to make up the number of twentyfive person and of their  heir in trust to the use of the say parishioner and of their successor for  ever and that from time to time the say grant shall be in this sort perpetual  renew and that for the better choice of sufficient minister there shall from  time to time be join with the trustee seven sufficient preacher inhabit within  or near the westriding of the county of York who shall be assistant to the say  trustee in the choice of their minister and that as often as any of the say  seven assistant shall die or depart out of the county the rest or survivor of  they shall make choice of other to be assistant with they so as the full  number of seven assistant may always be continue and it be further decree with  the consent of the plaintiff in the suit that every minister who be from  thenceforth to succeed in the say church shall be choose in manner follow and  not otherwise videlicet that all the trustee for the time be or the great  number of they so often as the church shall become void shall within four  month next after proceed to elect and choose a fit person to succeed in the  say church who they shall nominate to the assistant to the intent that they  may consider and determine of his ability and fitness who if they shall upon a  solemn meeting for that purpose and mature consideration thereupon or any four  of they approve of the say choice be to stand otherwise the trustee be to  proceed to a new choice of a more fit and able person who they shall in like  sort nominate to the say assistant who in like manner shall have power either  to approve or disallow such choice and that no person shall be present by the  trustee except he be approve of by the assistant or some four of they the  advowson be accord convey to twentyfive trustee and their heir upon the trust  in the decree mention but it do not appear that since there ever be seven  assistantpreachers or any choice of assistant or that any person ever act as  such brown the trustee for the time be or the great number of they from time  to time elect and present a fit person to the vicarage when and so often as  the same become vacant without the approbation of any such assistantpreachers  and the clerk so present be admit and institute accord Joseph Cookson clerk  and last vicar die on the that of February and thereupon there be then only  twentyfour trustee live twenty of they who be all that be then within the  parish do upon notice give to they respective for that purpose meet at the  vestryroom in the parishchurch on the that of the same month and appoint the d  of march follow for elect a vicar of the say church and it be then agree that  such of the trustee who can not be personal present at such election may make  proxy but that no proxy of such absent trustee shall be allow to be make by  virtue of any deed or instrument to be sign by he or they unless the person or  clerk such proxy shall vote for shall be nominate in the deed or instrument  and that such proxy shall be make to a trustee for the time be and not to a  stranger accord all the trustee except sir William rook and John Tomlinson  meet on the say d of march in the vestryroom for the purpose aforesaid when  the respondent Samuel Kirshaw and the appellant James Scott be candidate and  eleven of the trustee then present in their own name and the respondent Robert  denison as the proxy and in the name of John Tomlinson another of the trustee  do then and there vote for the respondent Samuel Kirshaw and eleven of the say  trustee then present in their own name and the appellant Richard Wilson  esquire as the proxy and in the name of sir William rook another of the  trustee vote for the appellant James Scott so that no election be then make by  reason of such equality of vote but each party enter a caveat with the  archbishop the say John Tomlinson one of the trustee die in the latter end of  July in the city of Westminster whereby the trustee be reduce to twentythree  in number Richard Wilson and six other of the trustee who have at the meeting  on the d of march vote for the say James Scott do thereupon in a hasty and  precipitate manner meet at a public house call the king arm in Leeds aforesaid  on Thursday the that of August and then and there in their own name and some  of they as proxy for five other of the trustee vote for the say James Scott to  be vicar of the say vicarage thus at a meeting of but seven trustee only out  of twentythree and brown er p by the help of five proxy two of which be give  previous to the former meeting they pretend that James Scott be elect vicar by  the major part of the trustee at the say meeting on the that of August and  immediate thereupon they respective execute a presentation of the say James  Scott to the say vicarage brown the respondent Thomas denison and seven other  of the trustee who at the meeting on the d of march have vote for the  respondent Kirshaw be not present at the say meeting on the that of August at  the king arm where such irregular election of the say James Scott be make and  in pursuance whereof such presentation of he to the say vicarage be execute as  aforesaid nor have they or three other of the trustee who have likewise vote  for Mr Kirshaw due notice of this latter meeting and therefore though the  presentation of Scott be on the same day tender to they to execute yet they  respective refuse so to do for this among other reason that they have not due  notice of the meeting at which such election and presentation be make soon  afterward Scott tender his presentation to his grace Thomas archbishop of York  the ordinary and pray to be admit and institute to the vicarage but his grace  decline to accept a action of quare hinder be bring in the name of the say  James Scott and of all the other appellant and of sir William rook since  decease and of the respondent sir Henry ibbetson against the respondent Samuel  Kirshaw and the archbishop and also his majesty writ of ne to send to thereon  and in Michaelmas term the say sir William rook and the appellant exhibit  their bill in the court of chancery against the respondent and the archbishop  charge that the election of the say James Scott to be vicar of the say  vicarage on the that of August at the king arm be a due and regular election  be make by the major part of the trustee then alive and that all the trustee  have notice of such meeting and therefore pray that the appellant James Scott  may be effectual present admit institute and indict to the say vicarage and be  confirm the vicar thereof and that the respondent the trustee may be compel to  do every act necessary for that purpose and that in the mean time the  archbishop may be stay by injunction from admit or collate any other person to  the say vicarage to this bill all the defendant except the archbishop appear  and put in their answer and insist that the election of the say James Scott on  the that of August be a undue and irregular election for that it be make  without give due notice to eleven of the trustee of the time and place and  intent of the meeting at which such election be make and likewise that  pursuant to the trust limit in the say decree and in the several conveyance  make in pursuance thereof the election of a vicar ought to have be make within  four month after the death of the late vicar that in default of a election of  a vicar within that time by the trustee the right of election devolve upon the  parishioner at large and that accord the say parishioner at a popular election  where the say Samuel Kirshaw and one Edward Cookson be candidate have elect he  the say brown Kirshaw and that about sixty of they bad present he as their  clerk to the ordinary the archbishop afterward put in his answer claim nothing  but as ordinary and submit to act as the court shall direct in easter term his  majesty attorneygeneral it the relation of the say Samuel Kirshaw and of John  Dixon and other parishioner of the say parish of Leeds exhibit a information  in the say court of chancery against the say James Scott and all the trustee  of the advowson and against Edward Cookson clerk and the archbishop of York  set forth the same matter as be mention in the answer of the defendant in the  original cause and insist that the election of the say James Scott be void for  the reason state in those answer and particular for that such election be  clandestine and without give notice to the other trustee of the time and place  of the meeting at which it be make and therefore pray that the election of the  say Samuel Kirshaw by the parishioner may be confirm and that the archbishop  may admit and cause he to be institute and indict to the say vicarage that  seven assistantpreachers for the examine of any person choose by the trustee  to be vicar of the say parish of Leeds may be appoint accord to the direction  of the former decree and may be from time to time continue that the full brown  er p number of twentyfive trustee may be fill up out of the principal  inhabitant and parishioner of the say parish and that all the trust mention in  the say former decree relate to the say vicarage may be perform and carry into  execution and continue from time to time and in case it shall appear that the  say Samuel Kirshaw have not be duly choose vicar of the say parish that then a  new election may be make of a proper person to be such vicar by such person as  shall appear to have a right to elect and subject to the approbation of such  seven assistantpreachers and under such rule and direction as in the say  former decree be mention or as the court shall think fit to this information  the appellant James Scott and the trustee who be his elector appear and put in  their answer and thereby insist that the popular election of the say Samuel  Kirshaw be irregular and void and the defendant Edward Cookson by his answer  admit that he be a candidate at the say popular election but afterward decline  the same and give up the poll witness be examine on both side and publication  duly pass both the cause come on to be hear before the Lord chancellor  Hardwicke who after several day hear be please on the d of February to order  that the information as against the defendant Cookson shall stand dismiss with  cost to be tax by the master and his lordship declare that the election and  presentation of the appellant Scott be void brown and that by the decree make  by the Lord keeper Bacon on the d of June and the several conveyance  subsequent thereto the right of elect and present a vicar of the say parish be  vest in the trustee for the time be for ever without any intention that the  same shall at any time devolve upon the parishioner at large to the end that  the inconvenience of a popular election in so extensive and populous a parish  may be avoid and therefore that the election insist upon by the relator  Kirshaw to have be make by the parishioner at large be also void and do  therefore decree that the original bill shall be dismiss and that the  information shall be also dismiss so far as it seek to establish the election  of the say Samuel Kirshaw and to the end that the true intention of the say  former decree may be observe and pursue so far as the alteration of  circumstance introduce by length of time will admit his lordship upon the  residue of the say information be please to order and decree that the survive  trustee or the major part of they shall assemble in the vestry of the parish  church of Leeds on Thursday the that of April then next between the hour of  twelve and two in the afternoon and then and there elect a sufficient number  of parishioner of the say parish to fill up the number of trustee to  twentyfive and that after such election shall be make the trustee so assemble  shall appoint a time and place for elect a vicar of the say parish such time  not to be less than eight day after the time of such first meeting and it be  further order that the survive trustee shall execute a conveyance of the  advowson to the use of themselves and of such new trustee and their heir upon  the trust mention and declare in and by the last conveyance thereof date the  that of December and that notice in write shall be give of the time and place  of such meeting for elect of a vicar to the new trustee and to such of the old  survive trustee as shall not be present at such first meeting either personal  or by leave the same at their respective dwellinghouse or place of abode with  some person of the family there and it be further order that the say trustee  or the major part of they shall assemble at such time and place to be so  appoint and elect a fit and proper person to be vicar of the say parish and a  question be make in the cause touch the discontinuance of the seven  assistantpreachers mention in the say former decree and whether the same ought  not to be revive his lordship be please to declare that it do not appear that  there have be any such assistantpreachers since the year and that all the  conveyance of the advowson of the vicarage make since the restoration import  the contrary which amount to a reasonable evidence that the say  assistantpreachers have be discontinue and lie aside by the common consent of  the trustee and parishioner of the parish therefore his lordship do not think  fit after this great length of time to give any direction for the revive or  appoint of such brown assistantpreachers and the rather since the matter refer  to they by the say former decree touch the qualification of the vicar to be  elect be proper brown er p for the judgement and determination of the Lord  archbishop of York the ordinary of the diocese for the time be and it be  further order that the clerk who shall be elect by the trustee or the major  part of they so to be assemble as aforesaid shall be present to the Lord  archbishop of York for the time be to be duly admit by his grace to the say  vicarage and that all the trustee shall join in and execute a presentation of  such clerk so to be elect and for the more regular and orderly proceed to the  election of a vicar upon any future vacancy it be further order that as often  as the say vicarage shall become void such of the trustee resident in the say  parish of Leeds who shall happen to stand first name in the then subsist deed  of trust shall within fourteen day after such avoidance shall happen send  notice in write to every one of the other trustee for the time be appoint a  meeting of the trustee to be hold in the parish church on some day not less  than fourteen day after send such notice which notice shall be deliver either  personal to such trustee or leave at their respective dwellinghouse or place  of abode with some of the family there and in case it shall appear at such  meeting that the number of twentyfive trustee be then complete and that a  major part of they be assemble then the trustee so assemble shall proceed to  the election and presentation of a vicar in the manner before direct but in  case it shall appear at such meeting that there be or be any vacancy or  vacancy in the number of twentyfive trustee then the trustee so assemble or  the major part of they shall proceed to fill up the number of the twentyfive  trustee and make new conveyance and afterward proceed to elect a vicar in the  manner before direct and his lordship be please to declare that no proxy ought  to be admit or make use of at any election of trustee or of the vicar of the  say parish and it be further order that the injunction former grant shall be  continue and the say decree be to be without cost on either side to that time  and any of the party be to be at liberty to apply to the court for further  direction as there shall be occasion and his lordship reserve the  consideration of the cost of such subsequent application from so much of this  decree as dismiss the original bill and declare the election of Scott to be  void or as affect that election and will introduce a new method of proceed to  fill up any future vacancy the plaintiff in the original cause appeal and as  to Mr Scott election it be contend a forester g Perrot that the only rule and  guide by which the trustee can conduct themselves upon the late vacancy of the  vicarage be the decree of Lord Bacon the usage subsequent to that decree which  be the best interpreter of it and the trust declare in the deed by which the  advowson be convey to they all which such of brown they as present Mr Scott  have duly pursue that Lord Bacon meaning be not that a meeting of the trustee  or a major part of they upon a previous notice to each shall be absolute  necessary to the choice of a vicar because in many instance it may be  impracticable and in every instance inconvenient to give such notice that the  decree do not direct the trustee to be resident within the parish but  parishioner under which description any person have a estate within the parish  may be a trustee be his residence where it will so that some of the trustee  may reside at a very great distance from the parish and by accident to which  all man be liable even in place unknown to their cotrustees in the first of  these case it must be allow inconvenient to require a formal notice to be give  in the latter it will be impracticable to give it the first happen at a former  vacancy by one of the then trustee reside near mile from the parish the latter  exist at present and have do so for near two year one of the trustee have  retire into part beyond the sea but even take the word parishioner to mean  resident only the same inconvenience will remain for the legal estate in the  advowson be once vest in the trustee will continue in they notwithstanding a  change of residence or removal to foreign part and how frequent change of  residence must happen in so large a number as twentyfive must be obvious to  every body that where Lord Bacon intend to make a meeting necessary he have  declare it in express term as in the case of the assistantpreachers who be  direct upon a solemn meeting to be hold for that purpose to examine into the  fitness of the person nominate by the major part of the trustee whence it may  be infer that if he have mean to have make a meeting of the trustee necessary  for the name a person to the assistantpreachers he will have declare it in the  same express term as he have brown er p do in the other instance that as no  notice be by Lord Bacon require to be give so neither be any one authorize or  require to give notice or indeed to appoint either time or place of meeting  and as all the trustee be equal in power none have any great privilege than  another and consequent a appointment by one will not bind the rest beside  where no particular person be bind to give notice every person interest be  bind to take it this hold invariable true in all case of act flow from a legal  title or interest and particular in the case of patron who let they live where  they may or let the incumbent die where he may be bind to take notice of the  incumbent death and to present within six month from that time that the choice  of a proper vicar be most likely to be attain by pursue the old method  hitherto practice of choose he by a majority of the whole number without any  formal meeting or previous notice whereas if a formal meeting shall be hold  necessary under the former decree the major part of the whole number will be  sufficient to constitute that meeting and then brown a majority of that major  part will bind the whole for example if the number of trustee be twentyfive by  Lord Bacon decree as hitherto understand thirteen must concur in the  presentation but in the other sense thirteen be sufficient to constitute the  meeting and seven of those thirteen to elect and thus the election and  presentation may be by a minority instead of a majority of the trustee which  be apprehend to be direct contrary both to Lord Bacon word and meaning that  want of notice of the meeting of the that of August be not once object to Mr  Scott presentation till after he have bring his bill for the trustee in the  interest of Mr Kirshaw think their power be determine by the expiration of the  four month and promote a popular election from that apprehension not one of  they have venture to swear that it be usual to give notice on such occasion  nor be there the least proof in either of the cause of its ever have be give  upon any former election or presentation of a vicar and yet if such have be  the practice it be inconceivable that nobody shall know it or that in a course  of year some method of do it shall not have be establish beside the respondent  denison be prove by two disinterest witness to have have notice of this very  meeting and to have be desire to acquaint his and Mr Kirshaws friend therewith  and as to the new method of proceed to fill up future vacancy it be say that  the decree complain of require the trustee who stand first name in the deed of  trust to give the notice which must be attend with great trouble and possible  with considerable expense to such trustee without any mean of reimbursement  and as few people care to put themselves to trouble or expense in any but  their own immediate concern and yet the validity of every future election and  presentation of a vicar will depend upon the first step to be take as direct  by this part of the decree it be submit whether this method may not be attend  with great inconvenience and be productive of repeat litigation especial as  there can be no coercion upon such trustee to perform what be here enjoin that  the direction that before a vicar be elect the survive trustee shall elect new  one in the room of those who be dead and that a conveyance shall be make to  the use of the old trustee and the new one so to be elect and that a  subsequent meeting shall be bad for the choice of a vicar and he who have the  majority of voice shall be present by all the trustee as well the new one as  the old will not only render the execution of the trust exceed troublesome but  seem to interfere with the rule of law whereby none can gain a right to  present who have it not at the time of the vacancy it may also be a mean of  introduce corruption since though it will be simony to elect the vicar himself  for money or other reward it may be very doubtful how far it will be so to  procure the election of one or more new trustee by bribery or other undue  brown mean if the person afterward choose vicar be not himself privy to such  illegal contract it be therefore hope that the decree will be vary in the  particular complain of and that the appellant Scott presentation will be  establish on the other side it be insist d rider W Murray that due previous  notice of the meeting of the that of August be necessary but not give and that  the election then make be for that reason alone void that by the general rule  none ought to be admit at such meeting by proxy and if this can be dispense  with by the previous agreement of the that of February in which it be  apprehend the brown er p trustee be misadvise yet that can have relation only  to the meeting then appoint for the d of march follow and not to any  subsequent meeting which be not then in view much less can it give a right to  make use of the proxy after the party have himself once vote in person but it  be in proof that Samuel killingbeck do appear and vote in person at the  meeting of the d of march and yet that gervas smith do vote in the name and as  the proxy of killingbeck for Mr Scott at the meeting on the that of August  follow by virtue of no other authority than a letter of attorney date the that  of march which by Killingbecks appearance and vote in person after the date of  it be revoke and make void the vote therefore of smith as the proxy of  killingbeck under such revoke authority be make void and the election of Mr  Scott be thus make by eleven only of the trustee who be not the majority then  live be for that reason also void that Mr Scott presentation not have be  execute by eleven of the trustee of the advowson be void in point of law all  the trustee be at law jointtenants of the advowson and the law require that  where there be jointtenants of a advowson in order to make a valid  presentation of a clerk upon any avoidance all the jointtenants must join in  and execute such presentation that every presentation of a person to this  vicarage ought to be ground on a precede due and regular election and as Mr  Scott presentation be not ground on a due and regular election but on a  election which be irregular and void there be no reason for a court of equity  to compel the eleven trustee who have not execute this presentation to execute  it and therefore it be void both at law and in equity that so much of the  decree as direct the method of proceed to fill up any future vacancy be well  warrant and the direction that notice shall be give to every trustee be  equitable and prudent fox notice be of the essence of every election and the  direct by who it must be give will prevent all future contention and mistake  among the trustee about the person who be to give such notice the direction  for complete the number of trustee previous to the election of a vicar be high  reasonable and proper for by this mean the mischievous effect of a equality of  voter among the trustee and the inconvenience of a popular election in so  brown large and populous a parish will be perpetual avoid the declaration  concern the proxy be also very proper for the right of elect either trustee or  a vicar be a personal trust and a matter wherein discretion and judgement be  to be exercise and no man ought to make a proxy in any such case unless some  special custom enable he to do so beside it do not appear that the trustee of  this advowson ever admit or make use of proxy at any election except in the  late instance for these reason and consider the nature of the question and the  animosity thereby keep up in the parish it be hope that the decree will be  affirm and the appeal dismiss with cost on the day appoint for hear this cause  the appellant counsel acquaint the house that they decline give their lordship  the trouble of hear it and be Willing that the appeal shall be dismiss and the  decree of the court of chancery affirm hereupon it be by consent order and  adjudge that the appeal shall be accord dismiss and the decree therein  complain of affirm jour vol p brown er p