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
appointed to govern or direct such Lands Tenements or things disposed to any the uses aforesaid neither to any Colledge Hospitall or Free-school which have speciall Visitors or Governors or Overseers appointed them by their Founders Provided also and be it enacted by the Authority aforesaid that neither this Act nor any thing therein contained shall be any way prejudiciall or hurtfull to the jurisdiction of the Ordinary or power of the Ordinary but that he may lawfully in every cause execute and perform the same as though this Act had never been had or made Provided also and be it enacted That no person or persons that hath or shall have any of the said Lands Tenements Rents Annuities Profits Hereditaments goods Chattels Money or Stocks of Money in his hands or possession or doth or shall pretend Title thereunto shall be named a Commissioner or a Iuror for any the causes aforesaid or being named shall execute or serve in the same And Provided also That no person or persons which hath purchased or obtained or shall purchase or obtain upon valuable consideration of Money or Land any Estate in or Interest of in to or out of any Lands Tenements Rents Annuities Hereditaments Goods or Chattels that have been or shall be given limited or appionted to any of the charitable Vses above mentioned without fraud or covin having no notice of the same charitable Vses shall not be impeached by any Decrees or Orders of Commissioners above mentioned for or concerning the same his Estate or Interest And yet neverthelesse be it enacted that the said Commissioners or any four or more of them shall and may make Decrees and Orders for recompence to be made by any person or persons who being put in trust or having notice of the charitable Vses above mentioned hath or shall break the same trust or defraud the same Vses by any conveyance gift grant lease demise release or conversion whatsoever and against the Heirs Executors and Administrators of him them or any of them having assets in Law or equity so far as the same assets will extend Provided always that this Act shall not extend to give power or authority to any Commissioners before mentioned to make any Orders Iudgements or Decrees for or concerning any Mannors Lands Tenements or other Hereditaments assured conveyed granted or come unto the Queens Majesty to the late King Hen. the 8. King Edw. the 6. or Q. Mary by Act of Parliament surrender exchange relinquishment escheat attainder conveyance or otherwise And yet neverthelesse be it enacted That if any such Mannors Lands Tenements or Hereditaments or any of them or any Estate rent or profit thereof or out of the same or any part thereof have or hath been given granted limited appointed or assigned to or for any the charitable Vses before expressed at any time since her Majesties Reign that then the said Commissioners or any four or more of them shall and may as concerning the same Lands Tenements Hereditaments Estate Rent or Profit so given limited appointed or assigned proceed to enquire and to make Orders Iudgements and Decrees according to the purport and meaning of this Act as before is mentioned in the last said mentioned Proviso notwithstanding And be it further enacted that all Orders Iudgements and Decrees of the said Commissioners or of any four or more of them shal be certified under the seals of the said Commissioners or any four or more of them either into the Court of the Chancery of England or into the Court of the Chancery within the County Palatine of Lancaster as the case shall require respectively according to their severall jurisdictions within such convenient time as shall be limited in the said Commission And that the said Lord Chancellor or Lord Keeper and the said Chancellor of the Dutchie shall and may within their said severall jurisdictions take such order for the due execution of all or any of the said Iudgments Orders Decrees as to either of them shall seem fit and convenient And that if after any such certificate or certificates made any person or persons shall find themselves grieved with any of the said Orders Iudgments or Decrees that then it shall and may be lawfull to and for them or any of them to complain in that behalf unto the said Lord Chancellor or Lord Keeper or to the Chancellor of the said Dutchie of Lancaster according to their severall jurisdictions for redresse therein and that upon such complaint the said Lord Chancellor or Lord Keeper or the said Chancellor of the Dutchie may according to their said severall jurisdictions by such course as to their wisdome shall seem meetest the circumstances of the case considered proceed to the examination hearing and determining thereof and upon hearing thereof shall and may adnull diminish alter or enlarge the said Orders Iudgements and Decrees of the said Commissioners or any four or more of them as to either of them in their said severall jurisdictions shall be thought to stand with equity and good conscience according to the true intent and meaning of the Donors and Founders thereof and shall and may tax and award good costs of suit by their discretions against such persons as they shall finde to complain unto them without just and sufficient cause of the Orders Iudgements and Decrees before mentioned The heads of the Statute of Charitable Uses BY this Statute Authority is given to the Lord Chancellor or Lord Keeper and to the Chancellor of the Dutchy respectively to grant Commissions under their severall seales Concerning these Commissions these six things are to be observed 1. The number the Commissioners must be four or more 2. The Commissioners must be the Bishop and Chancellor of the Diocesse if there be a Bishop and other persons of good and sound behaviour 3. In that Commission any four of them doe suffice to make Orders and Decrees for therein none is of the Quorum 4. None shall be Commissioners that have any part of the Land c. or goods or chattels money or stocks in question 5. The Commission is to limit a certain time within which the Commissioners are to order decree and certifie 6. Their Authority is to enquire as well by the Oaths of twelve men or more as by all other good wayes and means Concerning the Jurors or Enquest of enquiry these two things are to be observed 1. The parties interessed may have their lawfull challenge and challenges 2. None that pretend title to any of the lands c. goods chattels money or stocks in question shall be a Juror c. They are to enquire of all and singular gifts limitations and appointments of any Lands Tenemens Rents Annuities Profits Hereditaments Goods Chattels Money Stocks of money for 21 Charitable uses in relieving maintaining repairing educating preferring marrying supporting aiding helping redressing and easing 1 For reliefe of aged and impotent and poor people 2 For maintenance of sicke and maymed soldiers 3 Schools of Learning 4 Free
late King Edward the sixth the said R. W. and W. P. did by Deed of Feoffment and by other good Conveyances and Assurance in the Law convey and assure the aforesaid last mentioned Messuage called C. amongst other things to W. C. and J. W. and their Heirs and afterwards G. C. Son and Heir of the said W. C. who had the said last mentioned Messuage called C. by survivorship did by his Indenture of Bargain and Sale inrolled in Chancery dated the thirteenth day of October in the twelfth year of the late Queen Elizabeth bargain and sell the said last mentioned Messuage called C. amongst other things to W. L. and his Heirs and afterwards the said W. did by his Deed indented inrolled in Chancery dated the tenth of July in the thirteenth year of the Reign of the late Queen Elizabeth convey and assure the said last mentioned Messuage called C. unto T. H. and his Heirs which said T. H. was Grandfather of this Exceptant and the same is by descent and other good Conveyance and Assurance in the Law lawfully vested and come unto this Exceptant and he now is lawfully seised thereof and ought to hold and enjoy the same free from the said charitable use The third Exception And thirdly This Exceptant saith that the said T. H. his Grandfather at the time of his purchase of the said last mentioned Messuage called C. had no notice of the said charitable use and if the said Messuage were charged or chargeable therewith or liable thereunto as in truth it is not yet ought the same not to be charged therewith For that by the said Statute made in the three and fourtieth year of the Reign of the late Queen Elizabeth made for charitable uses it is provided and ordained that no Lands Tenements or Hereditaments given or appointed to any charitable uses shall be impeached by any Decrees or Orders of Commissioners for charitable uses the Purchasers having no notice of the said charitable uses The fourth Exception And fourthly This Exceptant saith that if it were true as in truth it is not That the said last mentioned Messuages called C. were charged or chargeable with the said charitable use yet ought not the said Order or Decree made by the said Commissioners any ways to impeach or charge the said Messuage or Premises with the said charitable use or any ways to deprive this Exceptant thereof For that by the said Statute made in the three and fourtieth year of the Reign of the said late Queen Elizabeth It is Enacted that the said Act for charitable uses shall not extend to give power and authority to any Commissioners for charitable uses to make any Order Judgment or Decrees for or concerning any Mannors Lands Tenements or other Hereditaments assured conveyed granted or come unto the Queens Majesty the late King Henry the eighth King Edward the sixt or Queen Mary by Act of Parliament surrender exchange relinquishment Escheat Attainder Conveyance or otherwise And forasmuch as it appeareth that the said Messuage and Premises last before mentioned called C. was by the said late King Edward 6. by his Leters Patents dated the eighth day of April in the third year of his Reign granted amongst other things unto the said R. W. and W. P. and their Heirs as is herein before mentioned And therefore if the same had been any ways given to the said charitable use as in truth it was not yet ought the same now to be free from the same by force and vertue of the said Act of Parliament The fifth Exception And fifthly This Exceptant saith that the said Commission grounded upon the said Statute to the said Commissioners directed in pursuance whereof they made their Decree is not returned into this Honourable Court into the Office of the Petty-bag as it ought to be for all which Causes this Exceptant doth humbly pray the said Order Decree may be reversed and made void and his said Messuage and Premises may be freed from the same And that this Exceptant may be dismissed with his reasonable costs and charges in this behalf wrongfully sustained Answers to Exceptions The Answer of J. L. and S. W. Church-wardens of G. T. in the County of D. Respondants to the Exceptions of T. H. Gent. by him taken to the Decree in the said Exceptions mentioned WHereas the said Exceptant doth except to and against the said Decree for that the Messuage or Tenement called C. given by the Will of A. B. therein named to the charitable use therein specified are not the Messuage Tenement and Lands in the occupation of the said Exceptant and his Tenants and which are charged and Decreed to the said charitable use And also for that the Exceptants Grandfather T. H. therein named had at the time of his Purchase of the Premises in the occupation of him and his Tenants no notice of the said charitable use and that the said Premises were heretofore conveyed by Letters Patents from King Edward the sixth And lastly for that the Commission directed to the Commissioners in the said Decree named wherein they made the said Decree was not returned into this Court at the time of the said Exception unto which Exceptions these Respondents saving unto themselves all advantages of Exception to the incertainties and insufficiencies thereof say That they are upon the matter strangers to the matters set forth by the said Exceptions having not lived very long in the said Parish and being no otherwise concerned then as Churchwardens thereof and it cannot be presumed they should know the facts and titles alledged by the said Exceptions of their own knowledge But they say that the said Exceptant was severall times summoned and heard before the Commissioners that made the said Decree and the Jury by them impannelled And he brought his Learned Counsel with him who urged before the said Jury and Commissioners who were learned in the Law and good and honest men before their Verdict given or Decree made the substance and matter of the said Exception and what ever could be alledged against the decreeing of the Premises and the same Decree was made upon a full hearing of both sides And one of the main points insisted on before the said Jury and Commissioners was the matter of the aforesaid first two Exceptions whether the Premises decreed to be charged with the charitable use were the Messuage Tenement and Lands given by the said Will yea or no it being a proper issue for a Jury of parcel or no parcel the same Premises in the occupation of the Exceptant were after a full and deliberate hearing and evidence on both sides found by the said Jury to be the same Tenements and Lands devised by the said Will And the matter of the said two next Exceptions Whether the said Exceptants Grandfather had notice of the charitable use before or at his Purchase of the Premises or that the Premises were in the Crown yea or no being also proper for a Jury