Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	administrator_n	assign_v	pay_v	2,916	5	8.9030	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A86251	The law of charitable uses. Wherein the statute of 43. Eliz. chap. 4. is set forth and explained; with directions how to sue out and prosecute commissions grounded upon that statute: also presidents, inquisitions, and decrees, with divers judgements, and resolutions upon exceptions and appeals against decrees; and other proceedings upon the said statute. By John Herne.	Herne, John, fl. 1660.	1660 (1660)	Wing H1568; Thomason E1921_2; ESTC R202417	62,737	163

out of the Messuage or Tenement in W. aforesaid then in the Tenure of the said M. S. or his Assignes to be distributed amongst the poor people of the Parish of W. aforesaid from time to time aforesaid for ever in manner and form following viz. Item I give and bequeath unto W. M. Knight J. W. Clerk the now Parson of W. H. H. Merchant J. W. Gent. and E. P. Merchant and their Heirs for ever for the relief of the poor of the said Parish one yearly Rent of forty shillings to be issuing and payable yearly for ever out of my Messuage or Tenement in W. with the Appurtenances now in the Tenure of M. S. or his Assignes to be paid at the Feast of the Birth of our Lord God in every year and to be distributed to and amongst the poor people of the Parish of W. from time to time for ever by discretion of the chief Inhabitants and the Parson and the Churchwardens of the said Parish for the time being for ever And if it shall happen the said Rent or any part thereof to he behind or unpaid at the said Feast that then it shall be lawfull for the said W. M. J. W. H. H. J. W. and E. P. their Heirs or Assignes to enter into the said Messuage destrain for the same and for the arrearages thereof if any shall be behind and unpaid And whereas it was further found by the said Inquisition that the said H. L. in or about the Month of January in the said year of our Lord God 1619. died And that the said H. L. his Son died also in the life time of him the said H. And that the said J. L. now Sir J. L. Knight them survived and being seised of the said Messuage or Tenement with the Appurtenances amongst other things the said Sir W. M. Knight in the said Will named being one of the Devisees of the said Rent and trusted by the said Will to see the said charitable Use performed and having notice of the said charitable Use did in or about the Month of November in the year of our Lord God 1633. purchase the said Messuage or Tenement with the Appurtenances amongst other things of the said Sir J. L. and that thereupon the said Sir J. L. in or about the Month of November in the said year 1633. did surrender the said Messuage or Tenement amongst other things into the hands of the Lord of the said Mannor of W. to the use of the said W. M. Knight his Heirs and Assigns for ever And that the said Sir W. M. at a Court holden for the said Mannor the tenth day of December in the year of our Lord God 1633. was admitted Tenant to the said Messuage or Tenement with the Appurtenances accordingly And that the said W. M. Knight continued seised of the said Messuage or Tenement amongst other things untill about the Month of June last at which time he the said W. M. for a valuable consideration of money did surrender the said Messuage or Tenement with the appurtenances amongst other things into the hands of the Lord of the said Mannor of W. to the use of H. P. Esq his Heirs and Assigns for ever according to the custom of the said Mannor And that the said H. P. at a Court holden for the said Mannor on or about the one and twentieth day of June last was admitted Tenant to the said Messuage or Tenement with the Appurtenances amongst other things accordingly And that before the time that he the said H. P. was admitted Tenant to the same as aforesaid he having the summ of 1000 l or more of the said purchase money remaining in his hands unpaid had notice of the said Devise and charitable Use And lastly that the said yearly Rent of 40 s nor any part thereof hath not been as yet at any time distributed unto and among the poor people of the Parish of W. aforesaid according to the Will of the said Sir H. L. but hath remained in arrear and unpaid to the Parishoners by the Occupiers of the said Land ever since the death of the said Sir H. L. viz. for the space of these eighteen years last past contrary to the true intent and meaning of the said Will as by the said Inquisition hereunto annexed more at large it doth and may appear Now the said T. W. E. L. N. W. J. H. W. C. D. D. and D. T. for reformation of the said abuse neglect and breach of Trust do hereby order adjudge and decree in manner and form following that is to say That he the said H. P. now owner of the said Messuage or Tenement and Land charged with the said Rent his Heirs Executors Administrators and Assigns shall pay or cause to be paid unto the said J. W. and the now Churchwardens of the said Parish of W. or one of them the summ of 38 l of lawfull money of England within eight days after Proces shall be served upon the said H. P. his Heirs Executors Administrators and Assigns at or in the Parsonage House of W. aforesaid for the arrearages of the said yearly Rent or summ of 40 s limited and appointed by the said Sir H. L. in and by his said Will to be issuing and paid out of the said Messuage or Tenement with the appurtenances to the charitable use above expressed And that the said summ of 38 l shall be distributed by them the said J. W. and the said Churchwardens of the same Parish unto and amongst the poor people of W. aforesaid according to the Will of the said Sir H. L. And that the said H. P. his Heirs Executors Administrators and Assigns shall also pay unto them the said J. W. and the said Churchwardens of W. the summ of 10 l of lawfull money of England towards the charges laid out in the suing forth of the said Commission and in prosecuting of the said Inquisition and this Decree And the said T. W. c. do further order adjudge and decree that the said Sir W. M. Knight and J. W. being the surviving Devisees of the said Rent of 40 s per ann. limited and appointed to be paid out of the said Messuage or Tenement to and for the charitable Use above mentioned shall at or before the said Feast of the Annunciation of our blessed Lady the Virgin Mary next ensuing by their Deed or Writing in due form of Law to be made grant convey assigne or set over the said yearly Rent of 40 s limited and appointed by the said Will of the said Sir H. L. to be for ever paid out of the said Messuage or Tenement with the Appurtenances in W. aforesaid to and for the charitable Use before expressed unto Sir H. H. Knight W. J. Doctor in Divinity Rector of the Parish Church of W. aforesaid B. W. W. B. T. M. and D. T. Esquires their Heirs and Assigns in as large ample and beneficall manner and form to all intents and purposes whatsoever as the same is

at the time and place of meeting neither the party interessed nor any other cometh to make defence and challenge if the Commissioners proceed to enquire and make a Decree it is good and the notice to his Clients is sufficient and in the case of S. it was proved that he was an aged man not able to follow his own businesse dwelling in a remote County and that he had a Son a Counsellor at Law who attended his Fathers businesse in other things unto whom the Commissioners gave notice of the time and place for executing the Commission and that he might have given his Father timely notice of it and it was taken as a neglect of purpose to avoid the Commission Also it was proved that the Father had personall notice of the time and place appointed by the Commissioners to make the Decree and his Son came to attend it but did not take any exception to the Jurors and the Lord Keeper said that notice was sufficient although he had no notice of the Inquiry Thirdly if one Devise money to a charitable Use for Relief of the poor and makes two Executors and dies and they prove the Will and joyntly intermeddles with the Receipt of money and one trusts the other with the money given to perform the charitable Use and to pay it accordingly and he wastes it and dies insolvent the surviving Executor shall be charged to pay the money for the charitable Use if the Testator left Assets to pay it for that they joyntly meddled in the execution of the Will but if the Executor that died had onely proved the Will in the name of both Executors and the surviving Executor never meddled in the execution of the Will but left all to the other and he had wasted the Estate and died insolvent the surviving Executor shall not be charged with the charitable Use out of his own Estate for that the other Executor had a joint authority with him from the Testator and he would not prevent his intermeddling and the survivor had no other means to prevent his charge then by his refusall Lastly if money be given to a charitable Use by Will and the Executors detain it in their hands many years without imploying it according to the Will having Assets the Commissioners may Decree the money with damages for detaining of it to be imployed in the charitable Use according to their discretions not exceeding 8 l per cent for a year for the damages Mich. 10. Car. int. Inhabitants of Eltham in Kent against Warreyn the Case was thus Land was given in the time of Hen. 8. being then of the value of 3 l per ann. to the Parishoners of Eltham to repair the High-ways there this Land doth improve to be of the value of 11 l per ann. divers of the Parishoners being Vestry-men there do Demise this Land and House upon it to Warreyn for fifty years at 3 l Rent per ann. Warreyn cuts down Timber-trees growing upon the Land and repairs the House with part and sells and otherwise disposeth of the residue and pays the 3 l Rent yearly which is bestowed in repair of the High ways The Commissioners Decree Warreyn to pay damages for cutting down three trees and that his Lease should be voyd and surrendred up to be cancelled and to pay the surplusage of the true value of the Land as it was improved at the time of the Lease for the time he enjoyed it and that divers of the Parishoners naming them particularly should be Trustees to the said Land for the best profit of the charitable Use and that such a number should enfeoff others of the Parishoners to continue the number of the Trustees by the Decree appointed And upon Warreyns Appeal to the Lord Keeper the Decree of the Commissioners was confirmed in all things and resolved that the cutting down of the trees was a waste for which Warreyn should pay damages according to the value of them and bestowing but part upon the House not being able to prove the quantity it was fraud in him to colour his disposing the residue otherwise but if he had bestowed all or the greatest part of the trees in the repair it had been no waste 2. It was resolved that Commissioners may give costs to the party which prosecutes a Commission to reform a breach of trust in a charitable Use and the Lord Keeper may increase these costs if the party grieved complain without cause 3. The Lease being made at an under value is a breach of trust and fraud to deceive the charitable Use of the true value of the Land And the Commissioners may Decree the Lease to be voyd and surrendred and that the Lessee shall pay the true profits of the value of the charitable Use above the Rent reserved And lastly the Commissioners may by their Decree inable persons as Trustees to have interest in the Lands given to charitable Uses and to Demise the same according to the improved value In the Case of Sutton Colefield in Com. Warr Hill 11. Car. FIrst It was resolved That it is not materiall that the Commissioners which were present at the time the Evidence was given and of the taking of the Inquisition be present at the making of the Decree for if any or all of them are absent at the making of the Decree which were present at the time of the taking of the Inquisition and Evidence the Decree is good if it be made by four Commissioners or more And if it appears by the return that the names of four Commissioners were affixed to the Inquisition and four other Commissioners to the Decree all is good Secondly resolved If Lands of the value of 3 l per ann. be given to maintain a School-Master and in the Deed it is expressed that the said 3 l shall be onely imployed to maintain that use and no other use is expressed in the Deed and afterwards the Land increaseth to a greater value all the increased Rent shall be imployed for maintenance of that charitable Use because it doth not appear that the Donor had any intention that the profits of his Land should be imployed to any other use and at the first he gave so much as the Land was worth Thirdly resolved if Land given to charitable Use be sold for money to one that hath notice of the use this notice did make the Land chargeable with the use in all other Purchasors hands although the other Purchasors had no notice of the use because they take the Land charged with other incumbrances as the first Purchasor held but if the first Purchasor had notice of the use then is the Land discharged of the use and it shall so remain in all the Purchasors hands although they had notice of the use Fourthly resolved if Land of the value of 3 l per ann. is given to a charitable use which is paid accordingly and afterwards the Land increaseth to a better yearly value if the increased value be