The appeal heard and dismissed by the House of Lords
on Friday (confirming the finding of the Court of Appeal, which had confirmed the finding of Mr. Justice Jenkins) is likely to take its place in the select category of leading cases. A sum of £5oo was left on trust to the Carmelite Priory, Notting Hill, " if the purposes of the priory were charitable," the money to be otherwise applied if they were not. It was given in evidence that the nuns who form this society take vows of perpetual poverty, chastity and obedience and live under rules which impose the strict observance of silence. They spend their whole time in public or private prayer or spiritual reading or work in their cells, and engage in no external charitable work such as teaching, nursing or visiting the poor. It was contended for the Prioress that the prayers, penances and spiritual exercises in which the nuns engaged were of benefit to all the world and should there- fore be regarded definitely as charitable. The Lords, in a judgement most sympathetically, and indeed reverently, expressed by Lord Simonds, felt compelled to rule against the nuns. Whether they were worldly-wise in carrying their case through three courts at a cost which must far exceed the moderate sum in issue is not for me to decide. Perhaps it was a question of principle.
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