“This indenture made between _B. Heap_, of _Manchester_, in the county of on the one part, and _Thomas Philips_, hatter, &c. on the other part, _witnesseth_, that in consideration of five shillings, lawful money of _Great-Britain_, by the said _T. P._ ♦to the said _B. H._ truly paid, before the sealing and delivery hereof (the receit whereof the said _B. H._ doth hereby acknowledge) and for divers other considerations him thereunto moving, the said _B. H._ hath granted, bargained and sold; and by these presents doth grant, bargain and sell unto the said _T. P._ &c. their heirs and assigns for ever, all that lately erected house or tenement, with the yard thereunto adjoining, situate near the upper end of _Market-street Lane_, in _Manchester_ aforesaid, now in the tenure or occupation of _T. Woolfinden_, together with all the ways, drains, walls, and privileges to the said premises, or any part thereof appertaining, as the same were purchased of _S. Hope_, of _Manchester_ aforesaid, bricklayer, before the said house or tenement was built; and all the profits thereof, and all the right, title, and interest, in law and equity. To _have and to hold_ the said house or tenement, yard and other premises, to the said _T. P._ &c. their heirs, and assigns for ever: _nevertheless_ upon special trust and confidence, and to the intent, that they and the survivors of them, and the trustees for the time being, do and shall permit _J. Wesley_, late of _Lincoln College, Oxford_, clerk, and such other persons as he shall from time to time appoint, and at all times, during his natural life, _and no other persons_, to have and enjoy the free use and benefit of the said premises; that the said _J. Wesley_, and such other persons as he appoints, may therein preach and expound God’s holy word: and after his decease, upon farther trust and confidence, and to the intent that the said trustees and the survivors of them, and the trustees for the time being, do and shall permit _Charles Wesley_, late of _Christ Church College, Oxford_, clerk, and such other persons as he shall from time to time appoint, during his life, and no others, to have and enjoy the said premises for the purposes aforesaid: and after his decease, upon farther trust and confidence, and to the intent that the said _T. P._ &c. or the major part of them, or the survivors of them, and the major part of the trustees of the said premises, for the time being, shall from time to time, and at all times for ever thereafter, permit such persons as shall be appointed at the yearly conference of the people called _Methodists_, in _London_, _Bristol_ or _Leeds_, and no others, to have and enjoy the said premises, for the purposes aforesaid: _Provided always, that the said persons preach no other doctrine than is contained in Mr. W.’s notes upon the New Testament, and four volumes of sermons: provided also, that they preach in the said house at least one evening in every week, and at five o’clock on each morning following_: and upon farther trust and confidence, that as often as any of these trustees, or of the trustees for the time being shall die, _or cease to be a member of the society, commonly called Methodists_, the rest of the said trustees, or of the trustees for the time being, as soon as conveniently may be, shall and may choose another trustee, or trustees, in order to keep up the number of _nine_ trustees for ever. In witness whereof the said _B. H._ hath hereunto set his hand and seal the day and year first above written.”
♦ duplicate word “to” removed
In this form the first proprietors of the house are to make it over to five, seven or nine trustees.
_Q._ 67. But is this form a safe one? Should we not have the opinion of a council upon it?
_A._ I think this would be throwing money away 1. Because this form was drawn up by three eminent counsellors: but, 2. It is the way of almost every lawyer, to blame what another has done. Therefore you cannot at all infer, that they _think_ a thing wrong because they say so. 3. If they did in reality _think_ it wrong, this would not _prove_ that it was so. 4. If there was (which I do not believe) some defect therein, who would go to law with the body of _Methodists_? 5. And if they did, would any court in _England_ put them out of _possession_? Especially when the _intent_ of the deed was plain and undeniable.
_Q._ 68. Is any thing farther advisable with regard to building?