the six and twentieth day of January in the thirtieth year of the reign of the late Queen Elizabeth did enter into the said Messuage and Premisses called C. and was possessed thereof and during his life took the Rents and profits thereof paying onely five Nobles per ann. out of the Rents and profits of the same Messuage and Premisses to the Churchwardens and Church of T. to the charitable use aforesaid and that E. H. Esq deceased son of the said T. also entred upon the Premisses and paid the five Nobles a yeare as abovesaid untill about twelve years last past at which time the said E. H. refused to pay it and that the same premisses is now divided into severall Tenements and that since the death of the said E. H. who died about two years before the Decree the said Exceptant T. H. Son and Heir of the said E. H. came to the said Messuage and Premisses called C. as Son and Heir to the said E. H. And the said Commissioners have ordered that the said Exceptant T. H. and his Tenants should surrender and yeild up the Possession of the said Messuage and Premisses unto the Church-wardens of T. aforesaid and to deliver up the Deeds and Evidences of the same Premisses and to pay unto the said Churchwardens the summ of twenty pounds to be imployed for the repairs of the said Church Unto which Decree this Exceptant T. H. doth except and conceives and is advised by his Counsel that he is not nor ought to be bound by the said Decree and Order made by the said Commissioners as aforesaid for the Causes and Reasons hereafter following And first For that it appeareth by an ancient Deed of Feoffment bearing date the two and twentieh day of June in the tenth year of the Reign of the late King Henry the eighth that one J. K. and J. his wife W. F. W. T. J. S. and R. M. did grant and confirm unto the before named A. B. R. F. R. F. and J. R. to the use of the said A. B. and his Heirs and Assigns forever all that the Messuage with the buildings gardens and Appurtenances called C. scituate lying and being in T. in the County of D. between c. as by the said Deed of Feoffment ready to be produced may appear Which said last mentioned Messuage and Premisses called C. is not the Messuage Lands and Premisses in the occupation of this Exceptant and his Tenants and which are charged and decreed to the charitable use by the said Commissioners as aforesaid For this Exceptant saith that the aforesaid Messuage or Tenement called C. so conveyed by the last mentioned Deed of Feoffment to A. B. as aforesaid was held of the Mannor of G. in the said County of D. by fealty suit of Court and the yearly Rent of two shillings eight pence per ann. as by the Surveys and Records of the said Mannor may appear which said Messuage and Premisses afterwards came to be the Inheritance of one R. E. and was then called by the name of C. otherwise E. Hall And this Exceptant further saith that the said R. E. being seized in Fee of the said Messuage and Premisses did upon or about the twelfth day of November in the eighth year of the Reign of the late Queen Elizabeth acknowledge a Statute of one hundred and fifty pounds unto one T. O. for the payment of the summ of one hundred and sixteen pounds at a day shortly after which was not paid which Statute was extended about the tenth day of April in the fourteenth year of the Reign of the said late Queen Elizabeth upon the said Messuage and Premisses which was aftewards assigned over unto T. H. this Exceptants Grandfather upon or about the five and twentieth day of January in the fourteenth year of the Reign of the said late Queen Elizabeth And it appeareth by the said Extent that the said R. E. had sold the said Messuage and Premisses unto one S. F. and his Heirs by Deed bearing date upon or about the twentieth day of June in the twentieth year of the Reign of the said late Queen Elizabeth And this Exceptant saith that the said T. H. this Exceptants Grandfather having the said Premisses so in Extent and the same being but of small value and the money that was owing thereupon being more worth then the said Messuage and Premisses he did by his Deed bearing date upon or about the five and twentieth day of January in the thirteenth year of the Reign of the late Queen Elizabeth grant to severall Trustees one Annuity or yearly Rent of fourty six shillings eight pence to be issuing and going out of the said Messuage called C. to be imployed for the repairs of the Parish Church of T. aforesaid which said summ of fourty six shillings and eight pence is the seven Nobles mentioned in the said Decree And this Exceptant saith that when the said Extent is ended the inheritance of the said Messuage and Premises will come unto T. F. Son and Heir of S. F. deceased as by an Office after the decease of the said S. F. found at L. the three and twentieth day of November in the four and fourtieth year of the Reign of the late Queen Elizabeth may appear which said Massuage and Premises last before mentioned if any at all ought onely to be charged with the said charitable use and none other The second Exception And secondly This Exceptant saith that the Messuage and Premises in the Decree mentioned to be in this Exceptants occupation and the other Messuages and Premises therein mentioned to be in the occupation of him this Exceptant and his Tenants are not the Messuages and Lands given to the said charitable use nor ought not to be charged therewith for this Exceptant saith that the late King Edward the sixth by his betters Patents under the great Seal of England bearing date the tenth day of April in the third year of his Reign did amongst other things give and grant unto one R. W. and W. P. and their Heirs all that his Messuage or Tenement called C. and all Lands Meadows Pastures Feedings and Hereditaments whatsover thereunto belonging then or late in the occupation of N. P. to hold of the said King as of his Mannor of C. in the County of D. in Fee-socage and not in Capite for all Rents Services and demands whatsoever And this Exceptant saith that the said Messuage called C. alias E. Hall charged and given to the said charitable use is held of the said Mannor of G. by fealty suit of Court and the yearly Rent of two shillings and eight pence as is herein before mentioned and therefore the same is differenced and plainly distinguished from the said Messuage and Premises called C. in the possession of this Exceptant and his Tenants And this Exceptant further saith that afterwards that is to say the nine and twentieth day of April in the third year of the Reign of the said
for the space of these eight years now last past detained the said Gift of thirty shillings from the said charitable Use to and for which the same was Devised assigned and limited as aforesaid And that at the Feast of c. there was and yet is the summ of c. of the said yearly payment of thirty shillings per ann. so Devised limited assigned and appoined by the said M G. to and for the charitable use intent and purpose aforesaid behind arrear and unpaid In witness c. AN Inquisition indented taken at the S. at B. in the said County the day of c. before J. W. W. E. c. Gent. by vertue of a Commission under the Great Seal of England bearing date c. to them and divers other persons directed for the due execution of a Statute made in the High Court of Parliament holden the 27 day of October in the three and fortieth year of the Reign of the late Queen Elizabeth intituled An Act to redresse the misimployment of Lands Goods and Stocks of Money heretofore given to charitable uses by the oaths of J. F. R. L. c. honest and lawfull men of the said County who being duly returned impannelled and sworn according to the said Statute and Commission do say upon their oaths That one M. B. on or about the day of c. was seized in his Demesne as of Fee of and in one Messuage c. And that the said M. B. being so seized of the said Messuages and Premisses aforesaid he the said M. B. made his last Will and Testament in Writing bearing date the day of c. and by the same his said Will did amongst other things give demise and bequeath the said Messuages called C. to A. his wife during her life and after her decease to the Church of T. aforesaid in these words following Item I give c. And the Jurors aforesaid do further say upon their oaths That one T. K. on or about the day of c. did enter into the said Messuages and Premisses called C. and by himself and his under Tenants possessed and enjoyed the same and took and received the rents and profits thereof during his life paying onely seven Nobles per ann out of the rents and profits of the same to the Churchwardens and Parish of T. to and for the charitable Use aforesaid And the Jurors aforesaid do further say upon their oaths That after the death of the said T. K. E. K. Son of the said T. K. now also deceased entred into the said Messuages and Premisses and by himself and his under tenants did take and receive the rents and profits thereof during his life and continued the payment of the said seven Nobles per ann. for the same to the said Church untill about twelve years last past at which time the said E. K. did refuse to continue the payment of the said seven Nobles per ann. any longer And the Jurors aforesaid do further say upon their oaths that the said Messuages so as aforesaid divised was divers years since made divided and converted into severall Tenements And that the said Massuage or Tenement called C. and now commonly called by the name of the Church-House is now and for divers years last past hath been in the possession of E. C. And that the said Houses Tenements and Cottages in T. aforesaid now in the Tenure or Occupation of E. P. Widow were formerly out-houses belonging to and parcell of the said Messuage and Premisses with the Appurtenances called C. alias the Church-House And the said Jurors do further say upon their oaths That the said Messuage or Tenement Houses and Premisses now are and for these six years last past have been of the clear yearly value of c. above the moneys payable out of the Rents and Profits thereof to and for the superstitious uses above mentioned and all other charges and reprizes And the Jurors aforesaid do further say upon their oaths That sithence the death of the said E. K. which happened about two years since the rents of the Messuage Tement and other the Premisses have been claimed by T. K. Son and Heir of E. K. as belonging to him as Son and Heir to his said Father and that the said Messuage Tenement and Premisses have been enjoyed and disposed of by him the said T. K. and his under Tenants and the Issues Rents and Profits growing and arising out of the same for these two years last past have been received and enjoyed by the said T. K. and by him converted to his own particular use and benefit In witnesse whereof to one part of this present Inquisition delivered by the said Jurors to the said Commissioners and by them to be returned into the high Court of Chancery as well the said Commissioners as the said Jurors have set their Hands and Seals And the other part thereof remaining with the Fore-man of the said Jurors the said Commissioners have set their Hands and Seals the day and year first above written AN Inquisition c. By the oaths of c. who being duly returned impannelled and sworn according to the said Statute and Commission say upon their oath That on or about the tenth day of J. in the twentieth year of the Reign of Henry the eighth late King of England J. C. R. A. J. C. T. B. W. C. W. S. T. T and T. W. as Feoffees in Trust for one J. B. sometimes of E. in the said County Yeoman deceased stood joyntly seise of and in their Demesne as of Fee in one Messuage with the Appurtenances scituate and being in G. in the County aforesaid c. And that the said J C. R. A. and other the aforesaid Feoffees being so of the said Messuage Lands and Premisses seised in Trust as aforesaid the said J. B. made his last Will and Testament in Writing bearing date the sixteenth day of A. in the said twentieth year of the Reign of the said late King H. 8. and by the same did will declare and appoint that they the said J. C. R. A. and other his Trustees aforesaid their Heirs and Assignes and all such other person and persons as should stand seised of the said Messuage Lands and Premisses with the Appurtenances from time to time of the issues and profits coming and growing of the said Tenement and Lands should sufficiently repair new build and maintain the Houses Edifices and Buildings of the said Tenement as often and when as need should be for evermore And further that the said Feoffees of the issues and profits coming of the said Tenement Lands and other the Premisses with the Appurtenance should do keep and find on the day of the Moneth that the said J. B. deceased or within six days before or within six days after an yearly obit or anniversary within the aforesaid Parish Church of E. for the Souls of the said J. B. the Souls of his father and mother his wife and children and all
and to bestow the rest of the profits upon the reparation of certain Highways there Collison and his Wife died and the House descended to O. R. an Infant This Case being in Chancerie between the Parishoners and B. was referred by the Court to the Lord Hobart and the Lord Chief Baron Tanfield who resolved it clearly that though the Devise were utterly void yet it was within the relief of the Statute of 43. Eliz. within the words limited and appointed to charitable Vses This Decree was lately confirmed by the Lords Commissioners Keepers of the Great Seal for that it fully appeared to them that it was the true intent and meaning of A. H. the Donor that all the lands in question should go to the Hospitall Inquisitions AN Inquisition taken c. Before c. By vertue of a Commission under the Great Seal of England bearing date at Westminster the 6. day of M. in the year of our Lord God 1650. to them and divers other persons dwelling and inhabiting within the said County directed for the due execution of a Statute made in the high Court of Parliament holden the 27. day of O. in the 43. year of the Reign of our late Soveraigne Lady Queen Eliz. Intituled An Act to redresse the misimployment of Lands Goods and Stocks of Money heretofore given to charitable Vses by the oaths of c good and lawfull men of the said County of D. who being sworn c. say upon their oath That J. T. late of L. Merchant deceased was in his life time and at the time of his death possessed of a personall Estate of great value And that the said J. T. did heretofore make his last Will and Testament bearing date the tenth day of O. which was in the year of our Lord God 1649. And by the same Will did nominate constitute and appoint W. L. of T. and T. H. of L. in the County of C. Gent. the Executor of the said Will And that afterwards the said J. T. did make a Codicil which was annexed to his said last Will and Testament and which he did appoint to be part of his said Will And that the said J. T. in and by the said Codicil did among other things make such recitall disposition limitation and appointment as followeth in these words That is to say And whereas I have not finished the Almshouses by me already begun and do intend that eight poor people of the said Parish of M. shall be placed therein when finished and receive fifty shillings a piece yearly by quartery payments for their maintenance during their lives and purpose that the same shall be so continued and supplied for ever with poor people of that Parish and with that yearly maintenance Now I J. T. Testator named in the said Will do hereby will and appoint mine Executors W. L. and T. H. in my said Will named to finish the said Almshouses with all speed out of the surpluss of my Estate not disposed by the said Will nor by this Codicil and likewise therewith to purchase so much Freehold land in fee simple and settle assure the same upon Feoffees for the maintenance of eight poor people of M. Parish aforesaid for ever to be placed in the said Almshouses at M. aforesaid as shall be convenient And the Jurors aforesaid do further say upon their oaths That the said J. T. afterwards that is to say on the 22th day of D. died And that the said W. L. and T. H. proved the said Will and Codicil of the said J. T. and took upon them the execution thereof And that they the said W. L. and T. H. after the death of the said J. T. did finish the building of the said Almshouses before mentioned out of the Estate of the said J. T. And that the said T. H. did place eight poor people in the said Almshouses there But the Jurors aforesaid do likewise say upon their oaths That the said W. L. and T. H. in the said Will of the said J. T. named have not nor either of them hath out of the Estate of the said J. T. appointed or limited for that purpose or otherwise as yet purchased settled or assured Freehold Land in Fee simple of the clear yeary value of 20 l by the year as by the said Will and Codicil is intended and appointed upon Feoffees or Trustees for the maintenance of eight poor people of M. aforesaid for ever placed and to be placed in the said Almshouses as by the said Codicil is directed limited and appointed And that in further breach of the Trust in them the said W. L. and T. H. reposed in and by the said Will and Codicil They the said W. L. and T. H. have not paid unto the poor people formerly placed in the said Almshouses and now remaining there namely A B. c. their severall and respective yearly allowances of 50 s the year appointed them by the said J. T. as aforesaid by the space of two years ending at the Feast of the Annunciation of the blessed Virgin Mary last past amounting in all to the summ of 20 l but do detain and withhold the same money from them the said poor people And the said Jurors do further say upon their oaths That the said W. L. and T. H. have Assets of the said J. T. in their hands of the surpluss of his Estate not disposed of by his said Will and Codicil sufficient to purchase so much Freehold land in Fee simple as may be convenient for the maintenance of eight poor people placed and to be placed in the said Almshouses in such manner as the said J. T. hath in and by his said Will and Codicil willed directed limited and appointed In Witnesse c. AT S. in the said County the 19. day of J. in 11. year of the Reign of our Soveraign Lord Charles by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. Whereas a Commission under the Great Seal of England bearing date at West the 8. day of Febr. last hath been directed amongst others to Sir W.R. Knt. c. and to divers other persons dwelling and inhabiting within the said County authorizing them or any four or more of them to enquire as well by the oaths of twelve good and lawfull men or more of the said County as by other good and lawfull ways and means of all and singular Lands Tenements Rents Annuities Profits Goods Chattels Money and stocks of Money heretofore given limited appointed and assigned by any well disposed person to or for any the charitable and godly uses in the said Commission mentioned within the said County And of the abuses breaches of Trusts negligences misimployments not imploying concealing defrauding misconverting or misgovernment of the said Lands Tenements Rents Annuities and other things and for the setting down such Orders Judgements and Decrees as that the same Lands Tenements Rents Annuities Profits Goods Chattels Money and
require you That you cause to come before us and others the said Commissioners or any four of us at the house of A. B. called or known by the Name or Sign of the Crown in B. in the County aforesaid on the 10 day of June now next ensuing by nine of the clock in the morning of the same day twenty four honest and lawful men of your said County to enquire upon their oaths according to the tenor of the said Commission what Lands Tenements rents annuities profits Hereditaments Goods Chattels Moneys and Stocks of Mony have at any time heretofore been given limited appointed or assigned for any the charitable Uses in the said Statute and Commission mentioned and that have been misimployed misconverted or misgoverned and of other the matters and things in the said Commission mentioned in that behalf and hereof you are not to fail Given under our Hands and Seals the 22 day of May in the year of our Lord 1658. When four or more of the Commissioners are mett then read the Commission Then call the Sheriff to return his Precept Then call the Jury When the Jury are full then call the parties Defendants that they may take their challenges to the Jury Then swear the Foreman as followeth The Oath to the Foreman of the Jury YOu shall diligently enquire what Lands Tenements Rents Annuities Profits Hereditaments Goods Chattels Money and Stocks of Money have been heretofore given limited appointed or assigned as well by any King or Queen of England as any other well disposed person or persons for relief of aged impotent and poor people maintenance of sick and maimed Soldiers Mariners Schools of Learning Free Schools and Schollars of Vniversities repair of Bridges Ports Havens Cawsies Churches Sea-banks and Highways education and preferment of Orphans marriage of poor maids supportation help of young Tradesmen Handicraftsmen persons decayed redemption or relief of prisoners and captives ease and aid of poor Inhabitants concerning payment of Fifteens setting out of Soldiers and other taxes and of the abuses breaches of trust negligences misimployment not imploying concealing defrauding misconverting and misgovernment of the same Lands Tenements Stocks of money and other things given to any the charitable Vses aforesaid And thereof you shall make a true presentment according to your evidence and the best of your knowledge So God help you It is convenient to have the Inquisition ready drawn in Paper especially as to Wills and Deeds and the breaches of Trust c. and matters of Fact that so the Jury having a draught ready may with ease amend and make it ready to be engrossed and so save the Jury the trouble of another meeting Inquisitions AN Inquisition indented taken at L. in the County aforesaid the four and twentieth day of M. in the year of our Lord 1658. before W. C. R. S. c. by vertue of a Commission under the Great Seal of England to them and others directed for the due executing of a Statute made in the High Court of Parliament holden the 27 day of October in the three and fortieth year of the Reign of the late Queen intituled An Act to redresse the misimployment of Lands Goods and Stocks of Money heretofore given to charitable Vses By the oaths of c. honest and lawfull men of the County aforesaid who being duly returned impannelled and sworn according to the said Statute and Commission say upon their oath That M G. late of W. in the County of E. Widow deceased long before her death did hold to her and her Heirs of the then Lady of the Mannor of W. in the said County of E. by Copy of Court-Roll according to the custom of the said Mannor all that Messuage with the Appurtenances scituate and lying at P. of the yearly value of c. above all charges and reprizes And the Jurors aforesaid do further say upon their oath That the said Tenement and Premises were divers years in the life time of the said M. G. held and enjoyed by D. B. late of S. deceased and that the said M. G. did in her life time and long before her death assigne limit and appoint that thirty shillings of the rent of the said Tenement and Premises should be yearly imployed and bestowed in and for the reliefe of the poor people for the time and from time to time being in W. aforesaid for ever and that the summ of thirty shillings per ann. was yearly for divers years together in the life time of the said M. G. and by her direction gift and appointment paid to the Churchwardens of the said Parish for the relief of the poor there And the Jurors aforesaid do further say upon their oath That the said M. G. to the intent the said yearly summ of thirty shillings might be the better secured to be paid unto the poor of the said Parish of W. in her life time to wit the c. did surrender the same Tenement and Premisses according to the custom of the said Mannor into the hands of the then Lady of the said Mannor to the use of such person and persons and to the use and intent of the Testament or last Will of the said M. G. as by the Copy of the Court-Roll of the same Mannor to the Jurors aforesaid in evidence now shewed it doth and may appear And the Jurors aforesaid do further say upon their oath that the said M. G. after the making of the said surrender did declare her Will minde and desire to be and did assign limit and appoint That thirty shillings out of the said Rents Issues and Profits of the said Tenement and Premisses should yearly and every year for ever then after be paid to the Churchwardens of the Parish of W. aforesaid for the time and from time to time being for and towards the relief of the poor people of the Parish of W. aforesaid And the Jurors aforesaid do further say upon their oath That the said M. G. on or about the day of c. died and that the said D. B. having notice of the charitable Devise Assignment and appointment of the said M. G. aforesaid to and for the pious use aforesaid did for some years after the death of the said M. G. hold and enjoy the said Tenement and Premisses and did pay the same thirty shillings yearly to the Church-wardens of the said Parish for the relief of the poor of W. aforesaid accordingly And the Jurors aforesaid do further say upon their oath That since the death of the said M. G. the said D. B. during his life and from and after his death R. B. Son of the said D. B. have held and enjoyed the said Tenement and Premises and received and hath taken the Rents and Profits thereof as owners of the same Premisses by vertue as they affirm of some surrender or other assurance thereof made by J. G. deceased who was Son and Heir of M. G. And that the said R. B. and B. have
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
not also payd to the charitable use that is breach of trust which the Commissioners may reform if no other use of imployment of the revenue be expressed in the Donors Deed Fifthly resolved if Land be given to a Corporation or other particular persons to perform a charitable use and the Donor appoint them Visitors also of the use according to his intent if the said Visitors do break the trust either in detaining part of the revenue misimploying or any other ways defrauding the charitable use this may be restored by Decree of the Commissioners notwithstanding the Statute of 43 Eliz. which disables Commissioners to meddle with Lands given to charitable uses where speciall Visitors are appointed for the intent of the Statute is to disable Commissioners to meddle with such a case where the Land is given to persons in trust to perform a charitable use and the Donor appoint speciall Visitors to see these trustees to perform the use according to his intent if the Trustees defraud the trust the Commissioners cannot meddle but the Visitors are to perform it but where the Visitors are Trustees also there the Commissioners may by their Decree reform the abuse of the charitable use Hynshaw and Pydwers the Mayor of the Corporation of Morpeth in Northumberland 5. Car. KIng Edw. 6. gives Land to the Mayor and Commonalty of Morpeth of the value of 20 l per ann. to maintain a School-master there and appoints them Visitors of the School-master and Schollars that they behave themselves according to his Orders this Land increaseth to 100 l by the year and the Corporation did onely bestow on the School-master the 20 l per ann. accordding to the value at the time of the first Gift A commission is granted to reform this breach of trust and the Corporation upon summons refused to appear before the Commissioners for that they are appointed Visitors and the Proviso of the Statute doth exempt in such cases the power of the Commissioners the Commissioners certifie this to the Lord Keeper and that the Visitors were the persons trusted and did break the trust and Serjeant Thomas Crew moving the Lord Keeper upon this Certificate the 22 of May 5 Car. the Lord Keeper declared his opinion to be that the Commissioners might proceed in the execution of their Commission for the Visitors being Trustees and Parties breaking the Trusts are not within the intent of the Proviso and if it should be otherwise construed this breach of Trust would escape unpunished unlesse in Chancery or in Parliament which were a tedious and chargeable Suit for poor persons And the Lord Keeper said That the not bestowing of the increased value of the Land given was a breach of trust in the Corporation if no other use be expressed in the Letters Patents Also it was then said If Land be given to maintain a charitable use for relief of poor and also that the School-master or poor shall pray for the Donors soul that the charitable use shall be said the principall intent of the Donor and the praying for his soul but an accessary and therefore the charitable use shall support and preserve the Land The Case of the Inhabitants of Woodford in Essex against Parkhurst Hill 14. SIr Henry Leigh did purchase Copyhold lands in Woodford in the name of two of his younger sons and their Heirs they being within age and by his Will Deviseth to Sir William Martin and other Parishioners of Woodford and their Heirs a Rent-charge of 40 s per annum out of this Copyhold land for relief of the poor there and dyes Sir William Martin purchaseth this land and enjoyes it for many years and then sells the land unto Packhurst and his Heirs Parkhurst hath notice of the Charitable use between the Surrender and his admittance the Commissioners Decree Parkhurst to pay all the arrerages since Sir Henry Leighs death and upon his appeal the Lord Keeper resoved these points First that the Rent is well Devised although Sir Henry had nothing in the land in strictness of Law for that the Estate in Law was in the children yet Sir Henry making the Purchase and enjoying the land as owner and receiving the Profits of it he shall be said in Equity to have power to dispose to a Charitable use Also it being objected that there wanted a Surrender to enable him to Devise the Lord keeper said yet the Devise was good enough and shall be said a good gift limitation and appointment within the Statute in favour of Charitable uses Secondly resolved that the Rent although it was extinct in Law by Sir William Martin purchased yet by the Commissioners Decree it is revived Thirdly Resolved the Rent is not extinct by this Purchase although he had no notice of the same for that the Purchase is of another thing then was given to the Charitable use Fourthly Resoved that the Rent is a charge which goes with the Land in whose hands soever it comes and a Distress may be taken for the arrerages upon the ter-tenant for the time it was arrear in others hands and the owners remedy to have contribution against all others that enjoyed the Land before him is by Suit in Chancery and here Parkhurst by the Decree had contribution against all others that enjoyed the Land charged and suffered arrerages to accrew in their time Lastly Resolved that the notice of the Rent given to Parkhurst after the Surrender and agreement for the Purchaser and before his admittance was a sufficient notice within the Statute if notice in this case had been requisite for that Parkhurst was no compleat and absolute Purchasor before admittance so of notice given to a Purchasor of a Charitable use chargeable upon the Land mean between his agreement and sealing of the Writings before the perfecting of the settling of the Estate in him by Attornment Livery or Inrolment of the Deed of Conveyance Hennington Hastings in Com. Warr 6. Jacob ONe Humfrey Davis erected an Almshouse in Hennington Hastings for eight poor men and being Seised of lands in Tennington Monton and â—urbery then let for 10 l Rent per annum doth devise the rents of his said lands for maintenance of the said poor in the said Almshouse and dyes his heir paies the Ten pound yearely for maintenance of the poor at the Almshouse and at the end of the term doth Demise the land at 40 l per annum The Commissioners doth Decree the whole land for maintenance of the Charitable use and the arrerages of the improved Rent taken by the Heir from the time of the expiration of the old Lease until the Decree and that the new Lease shall be void and surrendred and upon the Heirs appeal in Chancery and acceptions taken to the Decree the Lord Keeper referred the Case to the Judges principally whether if one Devise the Rents of his Land to a Charitable use if by this Devise the Land passed and they certified their opinions that by Devise of the Rents of the
upon Appeal the Decree was confirmed for although it be a voyd Devise by the common Law yet it is a good limitation and appointment of Land to a charitable use and it shall bind the Heir but not the Lord for his Fine This Devise was made unto the Devisors Son and Heir and his Heir upon condition that he and his Heirs should imploy the profits of the Land for the relief of Stow Market in Suffolk and after the Devisor died without a Surrender to the use of his Will In 6 Jac. the Heir having sold the Land to one Flick for valuable consideration of money sues out a Commission upon the Statute of charitable Vses by fraud and covin between him and Flick to discharge this Land of the charitable use upon which Commission it was proved before the Commissioners that Flick had any notice of this charitable use but it was proved that the Heir that sold the Land had Assets both in Law and Equity to give allowance out of his Estate to maintain this charitable use whereupon the Commissioners Decreed that the Son and Heir should grant out of his own Land the summ of five Marks and to maintain this charitable use it being then proved that the Land Devised for the charitable Use was of no great value and they further Decree that Flick should hold his Land discharged of the charitable use And this Decree being certified into the Chancery and prosecuted by the Heir and Flick with intent to discharge the Land Devised of the charitable use the Lord Keeper confirmed it Afterwards the Parishoners of Stow Market having notice of this fraud and that the Land Devised was worth 7 l 10 s per ann. they in 14. Jac. sue out another Commission upon the said Statute and before the Commissioners it was proved that Flick had notice of this charitable use before he bought the Land Secondly it was proved that the first Commission was sued out by fraud and combination between the Heir and Flick on purpose to discharge the Land Devised of this charitable use Thirdly it was proved that the Land Devised was worth 7 l 10 s per an. And fourthly that the Heir had not payd the 5 Marks Decreed by the former Commission to be payd upon all which proofs the latter Commissioners Decree Flicks Land for maintenance of the charitable use appointed and the Jury having found the former Commission to be prosecuted by fraud and combination as aforesaid they Decree that Flick shall pay the full value of his Land by the year to the charitable use from the time of his Purchase And lastly they Decree that the Heir that ought to have paid the 5 Marks per ann. for divers years and hath not paid it at any time should pay the arrerages and then his Land to be discharged from further payment of it This latter Decree being certified in the Chancery Flick took exception that the second Commission issued out illegally there having been a former Commission and Decree to discharge the Land of the charitable use which was confirmed by Decree of this Court which ought to be finall and is not to be reversed but in Parliament according to Andrew Hynstors Case before and if a Commission upon a Commission should issue out upon this Statute such multiplicity of Suits would arise as that it would prove inconvenient and multiplicity of Suits is not allowed in Law But the Lord Keeper did confirm the second Decree because of the fraud and combination between the Heir and Flick in suing out the first Commission which was found by the Jury and proved before the L. Keeper and therefore he now reversed the first Decree and confirmed this for that by the Law Fraus dolus nemini patrociniam debet but if a Decree be legally made without fraud by the Commissioners for charitable uses and upon Appeal this is confirmed in the Chancery and where a Decree is made by Commissioners for charitable uses and this Decree confirmed in Chancery if the Decree be not performed accordingly now no Commission need be sued out for upon an Affidavit made of a breach of the Decree an Attachment and other Proces of course is to issue out to compell the parties concerned to perform the Decree yet if a second Commission do issue out it is not illegall if nothing be decreed against the first Decree and upon this second Commission they are to decree by form of the first Decree if they find a breach Barnard Hides Case TRinity 4 Car. Barnard Hides Case against the Parishoners of Gillingham Darford and Sutton in Kent Katherine Banne grants by Deed a Rentseek out of 208 acres of Land for relief of the poor in those Parishes and limits this to commence after her death and gives seisin of this in her life the Rent is behind for thirty six years Hide Purchaseth the Land having notice of the charitable use and in the Grant there was a nomine poenae of 50 s if the Rent be not paid by her Heirs within fourteen days after it was due by the Grant and it was found that Hide had held the Land seven years upon a Commission for charitable uses the Commissioners Decree that Hide shall pay all the arrerages for thirty six years and also the arrerages of the nomine poenae for seven years being the time he had enjoyed the Land and Decree that the Grantor shall distrain for the Rent for ever after And the Commissioners Decree being returned in Chancery the Lord Keeper referred it to the Judges who resolved these points First that Hide should pay all the arrerages for thirty six years for that the Land is chargeable with the Rent in whose hands soever it cometh Secondly that the seisin given by the Grantor in her life is good although the Rent did not commence or was in esse at the time of the seisin given Thirdly if Land or Rent be given to a charitable use and misimployed a Purchasor which hath notice of the Gift shall not be further charged then during his own time but where the Rent is concealed a Purchasor shall answer for all the time of the concealment for the Land is a Debtor transit cum onere Fourthly if a Rent be granted out of Land to a charitable use and one buys the Land for a valuable consideration of money having no notice of the charitable Use and Rent yet the Rent remains because it is collaterall to the Land and another thing and the notice required by the Statute is to be given as well of the Land as of the charitable use Fifthly resolved that the Purchasor shall not pay the arrerages of the nomine poenae because it was a personall charge upon the Heir who ought to have paid the Rent and it doth not charge the Land Sixthly when the Heir or others charged to pay a charitable use do break the trust the Commissioners may transfer the trust unto others as to the Churchwardens or
other person and persons now holding occupying or enjoying the same Messuages Lands Tenements and Premises before mentioned to and for the maintenance of the Charitable use before mentioned and every of them shall within one month next after notice of this Decree leave surrender and yeild up the Possession of the said Messuages Lands Tenements and Premises unto or for the Church-wardens of T. aforesaid and that the said Church-wardens shall within three months next after they shall be actually possessed of the said Lands Tenements and Premises make and execute a Feoffment of the same Lands Tenements and Premises to the use of themselves and thirteen others of the Parishioners of T. aforesaid and their heirs in such manner as by Councell learned shall be advised and directed to the end intent and purpose that the Feoffes in such Feoffment to be named and their heirs may stand and be seized of the same Lands Tenements and Premises upon trust and confidence that they and their heirs shall permit and suffer the Church-wardens of the same Parish for the time being to receive and take the Rents and Profits of the same Premises from time to time as the fame shall arise become due and payable to and for the reparation of the said Parish-Church of S. aforesaid as often and when as need shall require and that when ten or more of the said Feoffes of the Premises shall be dead or before if it shall be thought expedient the surviving Feoffes shall make a new Feoffment of the same Premises to the use of themselves and of so many more of the Parishioners of T. aforesaid as shall make it the number of fifteen And that that order and rule shall be observed in all succeeding Generations And the Commissioners aforesaid do further order adjudge decree that the Church-wardens of T. aforesaid for the time being shall upon Tuesday in the Easter week yearly give up true and perfect accounts in writing to the Feoffes of the Premises or the Major part of them in the Parish-Church of T. aforesaid of their Receits and Disbursements of touching and concerning the Rents and Profits of the Premises And if it shall upon such account appeare that any monies are remaining in their hands that then the said Church-wardens so accounting shall within one month then next following deliver and pay over the said Monies so remaining in their hands to the succeeding Church-wardens to and for the Charitable use before mentioned And forasmuch as it appeareth unto the said Commissioners that the said T. H. the Grandchild hath in his custody an ancient Deed or Writing whereby the said Messuages or Tenements and Premises were conveyed to the said A. B. and his heirs and likewise the Originall Will of the said A. B. whereby the Premises are demised limited appointed or assigned to and for the Charitable use before mentioned The said Commissioners do further order adjudge and decree that the said T. H. shall within one month after notice of this Decree deliver un-the Church-wardens of T. aforesaid for the time being the said Deed and Will and all other Deeds Evidences and Writings touching and concerning the said Messuages Tenements and Premises or any of them which now are or have been in his hands or custody or in the hands or custody of any other person or persons to his use or by his consent or delivery at any time sithence the death of the said E. H. And lastly the said Commissioners do further order adjudge and decree that the said T. H. the Grandchilde shall within one month next after notice of this Decree pay unto the Church-wardens of the said Parish-Church of T. for the time being the sum of twenty pounds of lawful mony of England for the Rents and Profits of the said Messuages Tenements and Premises by him received since the death of his said Father E. H. Which the said Church-wardens are to imploy and bestow in and about the repaire of the said Parish Church as need and occasion shall be and require In witnesse whereof the Commissioners aforesaid have hereunto set their hands and seals the day and year above written Exceptions to a Decree EXceptions taken by T. H. Gent. to a Decree made at R. in the County of D. on Tuesday the ninth day of September in the year of our Lord 1645. made by W. C. J. H. C. M. and G. M Commissioners appointed and authorized by a Commission under the great Seal of England bearing date the eighth day of February 1643. directed to the said Commissioners and to divers other persons in the County of D. grounded upon the Statute made in the three and fourtieth year of the reign of the late Queen Elizabeth Intituled An Act made to redress misimployments of Lands Goods and stocks of Money given to charitable Uses as followeth WHereas it is set forth by the said Decree that one A. B. by his Will in Writing bearing date the 17. day of January 1524. did Devise and bequeath a Messuage or Tenement with certain houses and a Garden thereunto belonging with the Appurtenances in T. in the said County of D. commonly called or known by the dame of C. to A. his Wife during her life and after her decease unto the Church of T. aforesaid in these words following Item I Will after my decease that A. my wife have my House called C. during her naturall life and she to keep up the reparations of the said House and the Lords Rent to pay and she to find four Tapers of four pound of Wax that is one before the Rude under the Rude loft and another before our Lady another before St. Thomas and one before St. Anthony Item I Will that she keep mine Obit every year during her life and to have every year three Priests and they to have eight pence a piece and two dozen of bread and a kinder kin of double Beer and two Cheeses price of twenty pence Item I Will and appoint after my decease that all and singular my Evidences and my Copies that they be delivered into the custody of the Churchwardens of the Parish of Peter and Paul of T. aforesaid Item I will that after the naturall life of A. my Wife that then my House called C. with all the Appurtenances belonging thereunto as is more plainly specified by my Deeds that it shall remain evermore unto the Church aforesaid First to keep mine Obit yearly and the four Tapers of four pounds of Wax Moreover I Will that after the decease of A. my wife that the Churchwardens do buy six pounds of Wax and make the common light and the Tapes before the Rude to the full of two pounds of Wax a piece and so to continue for evermore and the residue of the Rent to remain to the reparations of the Church aforesaid And whereas it is set forth by the said Decree that the said A. and B. and A. B. are long since dead and that T. H. Esquire deceased on or about