repair of the Highwaies Gifts of money to poor people moneys expended in Dinners and repair of the said Churches there doth at this time remain in the hands of I. S. c. the now Feoffees of the said Tenement Lands and Premises or in the hands of some of them the summe of 54 l 14 s 5 d or thereabouts to the Church of E. and 56 l 5 s 1 d or thereabouts unto the Church of T. G. The which several summes divers of the Parishioners of the said several Parishes of T. G. and E. of good abilitie have desired the said Feoffees to deliver unto them for a Church Stock for their several Parishes to be by them bestowed to the use of the said several Churches according to the said Will of the I. B. But they the said now Feoffees or some of them have and do refuse to deliver the same unto them And the said Jurors do further say upon their oathes That sometimes the surviving Feoffees have suffered the interest of the said Premises to continue in them untill under the number of eight Feoffees were surviving and Inhabitants of the said Parishes And that the said last Feoffment made of the said Premises by the then surviving Feoffees divers of the said last Feoffees are since dead so that at this Present there are but to the number of nineteen Feoffees living and inhabiting within the said Parishes of E. and T. G. In witnesse c. Decrees AT L. S. in the County of E. aforesaid the last day of M. in the yeare of our Lord Christ 1659. Whereas by an Inquisition taken at L. S. aforesaid the 24th day of this instant M. before W. C. Serjeant at Law R. S. Esquire c. By vertue of a Commission under the great Seale of England to them and others directed for the due execution of a Statute made in the High Court of Parliament holden the 27. day of O. in the 43. yeare of the Reign of the late Queen E. Intituled an Act to redress the mis-imployments of lands goods and stocks of money heretofore given to charitable uses by the oaths of J. A. Gent. R. B. Esquire c. honest and lawfull men of the County aforesaid It is found and doth appeare that M. W. 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 custome of the said Mannor all that Tenement c. as by the said Inquisition hereunto annexed may appear Now we the said W. C. R. S. c. Having first called the said R. B. being the party interessed in the Tenement and premisses in the said Inquisition mentioned who appeared before us by her Councell before the taking of the said Inquisition and was fully heard touching the premisses and having examined and considered the matters and things in and by the said Inquisition found and thereby appearing do by vertue of the said Statute and Commission and the power and authority to us thereby given order adjudge and decree that the said R. B. her Executors and Administrators shall within one moneth next after notice of this Decree Order and Judgement pay unto the Church-wardens of the said Parish of W. for the time being the sum of 20 l of lawful money of England for the arrearages of the said yearly payment of 30 l per annum so by her with-held and detained from the charitable use aforesaid to and for the reliefe of the poore people of VV. aforesaid And also the sum of ten pounds more for damages for the detaining of the said money and for the costs and charges of the Parishioners of VV. aforesaid by them expended and by the suing forth of the Commission aforesaid and in the prosecution thereof And in and about the obtaining of the said Inquisition and this Decree And we the said VV. C. R. S. c. do further order adjudge and decree that the said R. B. her Heirs and Assignes owners and proprietors of the Tenement and Premisses aforesaid and all and every other person and persons whatsoever claiming by from or under the said M. VV. and D. B. deceased or either of them shall from henceforth for ever hereafter out of the rents issues and profits of the said Tenements and Premisses yearly and every yeare pay unto the Church-wardens of the parish of VV. aforesaid for the time and from time to time being the sum of thirty pounds of lawful money of England upon the Feast of the Epiphany in every year yearly for ever to and for the relief of the poor of VV. aforesaid according to the true direction appointment intent and meaning of the said M. G. the Donor thereof In witnesse whereof c. AT E. in the said County upon the twentieth day of November in the fourteenth yeare 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 by an Inquisition indented taken at E. aforesaid the one and twentieth day of September last past before Thomas Winniff Dean of St. Pauls Church London c. By vertue of his Majesties Commission under the great Seal of England bearing date the sixth day of March in the thirteenth year of his said Highnesse Reign directed to the right Reverend Father in God the Lord Bishop of London c. Authorizing them or any four or more of them for enquiring and reformation of Deceits and Breaches of trust concerning Lands Tenements and other things given limited and appointed to any the charitable Uses named in the said Commission within the said County according to a Statute of the three and fortieth year of the Reign of the late Queen Eliz. in such cases made and provided by the oaths c. It was found that H. L. late of W. in the said County of Essex deceased did in his life time amongst other things purchase of one N. S. a certain customary Messuage or Tenement with the Appurtenances in W. aforesaid late in the Tenure or Occupation of one J. E. Gent. and holden of the Lord of the said Mannor by Copy of Court Roll according to the custom of the said Mannor And he the said H. L. took surrender thereof in the names of his Sons H. L. and J. L. being then Infants of tender years And afterwards during his life did take and receive the rents issues and profits of the said Messuage or Tenement with the Appurtenances to his own proper use and behoof And that the said H. L. having purchased the said Messuage or Tenement with the Appurtenances amongst other things as aforesaid he the said H. L. did make his last Will and Testament in Writing bearing date the 28 day of November 1619. And by the same his last Will and Testament did limit and appoint one yearly Rent of forty shillings to be issuing and payable yearly for ever
this Decree Witnesse Directions When a Commission is first sued out it is good to give notice to the Churchwardens and Overseers for the Poor of Parishes neer where the Commissioners sit after this Manner The second day of May 1610. By the Commissioners for Charitable Uses sitting at B. in the County of C. WHereas a Commission under the Great Seal of England bearing date at Westminster the tenth day of January 1610. Hath been directed to divers persons dwelling and inhabiting within the County aforesaid authorizing them or any four or more of them to enquire by such ways and means as in the said Commission is mentioned what Lands Tenements Rents Annuities Profits Hereditaments Goods Chattels Mony and stocks of mony have been heretofore given by any well disposed person or persons for relief of aged impotent and poor people maintenance of sick and maimed Soldier and Marriners Schools of Learning Free-Schools and Schollars of Universities repair of Bridges Ports Havens Causways Churches Sea-bancks and High-ways for Education and Preferment of Orphanes for or towards the relief stock or maintenance for houses of Correction marriage of poor Maids supportation aid and help of young Tradesmen Handycrafts men and persons decayed release and redemption of Captives aid or case of any 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 of the Charitable Uses aforesaid and to set down such Orders Judgements and Decrees as that the same Lands Tenements Money and other things may be duly imployed to and for such of the Charitable Uses aforesaid for which they were given limited or appointed by the Doxors and Founders thereof It is this day Ordered by the said Commissioners that notice be given to all Parishes and places within the said County of C. of the Commission aforesaid and the power thereby given to the said Commissioners that so all persons that have occasion may take the benefit of the said Commission and have remedy and redresse thereby and withall that directions be given that such persons as do come to the said Commissioners for relief in the Premisses do bring with them the Wills Evidences Charters and Writings whereby the Charitable Vses do appear to be given created limited assigned and appointed and sufficient witnesse to prove the breaches of Trust not imploying or misimployment of such things as shall be so abused not imployed or misimployed as aforesaid By T. W. Clerk attending the said Commissioners Decrees AT R. within the said County on Tuesday the ninth day of September in the one and twentieth year of the raign of our Soveraign Lord Charles by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. An. Dom. 1645. Whereas a Commission under the great Seal of England hearing date the eighth day of February last past hath been directed to W. C. J. H. C. M. G. W. Esquires and G. M. Gent. and to divers other persons dwelling and inhabiting within the said County authorizing them or any foure or more of them to enquire by the oathes of twelve good and lawfull men or more of the County as by all other good and lawfull waies and means of all and singular Lands Tenements Rents Annuities Profits Hereditaments Goods Chattels Mony and Stocks of Mony 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 Mis-imployments not Imploying Concealing Defrauding Mis-converting or Mis-government of the same Lands Tenements Rents Annuities and other things and for the setting down such Orders Judgments and Decrees as that the same Lands Tenements Rents Annuities Profits Goods Chattels Mony and Stocks of Mony may be duly and faithfully imployed to and for the Charitable uses and intents for which the same were given limited assigned and appointed by the Donors and Foundors thereof according to a Statute made in the three and fortieth year of the raign of the late Queen Eliz. Intituled An Act made to redress the Mis-imployments of Lands Goods and Stocks of Mony heretofore given to Charitable uses And whereas the said W. C. J. H. C. M. and G. M. being foure of the Commissioners named and authorized in and by the said Commission meeting for the execution thereof at the day and place aforesaid It was then and there found by the oaths of J. F. R. L. c. good and lawfull men of the said County That one A. B. as in and by the said Inquâ—sition hereunto annexed it doth and may appear c. Now they the said W. C. J. H. C. M. G. W. and G. M. having heard the said T. H. and his Councell touching the Premises and being of opinion that the gift of the said Messuage Tenements and Premises by the said A. B. in manner and forme aforesaid is a good Gift Limitation Appointment and Assignment of the same Messuage Tenements and Premises to and for the said Charitable use within the intent of the Statute before mentioned And for that it appeareth to the said Commissioners by the said Will and Inquisition that but onely part of the Issues and Revenues of the said Tenements and Premises were appointed by the said Will to be bestowed to the maintenance of the superstitious uses therein mentioned and that the value of the mony appointed for the said superstitious uses doth not amount to above twenty shillings per annum at the most And for that it doth not appear unto the said Commissioners that any part of the Rents and Profits of the said Tenements and Premises were at any time within five years before the first day of the Parliament begun the fourth day of November one thousand five hundred forty seven and in the first year of the reign of King Edward the sixth late King of England imployed paid or bestowed to the maintenance of the said Obit and other the superstitious uses before mentioned or any of them And forasmuch as it appeareth by the intent of the said Will that Feoffes ought to be appointed successively and the said House and Premises were to be conveyed unto them for the more legall and faithfull continuance and imployment of the Rents and Profits of the same to the Charitable use aforesaid to the end intent and purpose therefore that the Rents and Profits of the said Lands Tenements and Premises may be duly and faithfully imployed in and for the charitable use to and for which the same were limited appointed and assigned by the Donor thereof as aforesaid They the said W. C. J. H. C. M. and G. M. do by vertue of the said Statute and Commission Order and Decree that the said T.H. the Grand-child T.C. J. C. and all and every
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 LONDON Printed by T. R. for Timothy Twyford and are to be sold at his Shop within the Inner-Temple-Gate 1660. To the Reader TO commend the Piety of this Statute or to lament the want of a thorough Explanation would afford abundant matter for a long Preface but intending as I ought charity without ostentation I shall onely inform the Reader that being frequently present at Commissions grounded on this Statute of Charitable Uses I have found the Gentlemen of the Countrey Commissioners Jurors and parties prosecuting by want of experience in Clerks attending such Commissioners forced to unnecessary attendance and charge Whereupon grown almost weary of well-doing with ill direction they never cheerfully embraced the Commissions Nay many Inquisitions and Decrees which have been returned miscarried and were rendered ineffectuall through the unskilfulnesse of those that drew them I have therefore to prevent such inconveniences in future published the Statute with severall Observations thereupon with divers Resolutions and Judgments of Lord Chancellors Keepers and Judges upon the same and upon Exceptions taken to severall Inquisitions and Decrees made by Commissioners on such Commissions To which I have added some good forms of Inquisitions Decrees and Exceptions to Decrees that those Gentlemen who are Authorized to execute such Commissions may be better acquainted with the Statute and by it understand their power and duty with the best method of proceeding thereupon And that the Clerks attending such Commissions may be furnished with Presidents of all sorts for the readier dispatch of the same my onely aim herein being to ease the Countrey and the Prosecutors of unnecessary charge and trouble and to render the proceedings upon such Commissions effectuall and my hope is that this Work will take that good effect for which it is intended J. H. THE STATUTE Of Charitable Uses 43. Eliz. CHAP. 4. An Act to redresse the mis-imployment of Lands Goods and Stocks of Money heretofore given to Charitable Uses WHereas Lands Tenements Rents Annuities Profits Hereditaments Goods Chattells Money and Stocks of Money have been heretofore given limited appointed and assigned as well by the Queens most excellent Majesty and her most noble Progenitors as by sundry other well disposed persons some for relief of aged impotent and poor people some for maintenance of sick and maimed soldiers and Mariners Schools of Learning free Schools and Scholars of Vniversities some for repair of Bridges Ports Havens Causways Churches Sea-bancks and High-ways Some for education and preferment of Orphans some for or towards the Relief Stock or Maintenance for houses of Correction some for marriages of poor Maids some for supportation aid and help of young Tradesmen Handy-crafts-men and persons decayed and others for relief or redemption of Prisoners or Captives and for aid or ease of any poor Inhabitants concerning payment of Fifteens setting out of Soldiers and other Taxes which Lands Tenements Rents Annuities Profits Hereditaments Goods Chattels Money and Stocks of Money Neverthelesse have not been imployed according to the charitable intent of the Givers and Founders thereof by reason of frauds breaches of Trust and negligence in those that should pay deliver imploy the same For redresse and remedy whereof Be it enacted by Authority of this present Parliament That it shall and may be lawfull to and for the Lord Chancellor or Keeper of the great Seal of England for the time being And for the Chancellor of the Dutchie of Lancaster for the time being for Lands within the County Palatine of Lancaster from time to time to award Commissions under the great Seal of England or the Seal of the County Palatine as the case shall require into all or any part or parts of this Realm respectively according to their severall Iurisdictions as aforesaid to the Bishops of every severall Diocesse and his Chancellor in case there shall be any Bishop of that Diocesse at the time of awarding of the same Commissions and to other persons of good and sound behaviour authorizing them thereby or any four or more of them to enquire as well by the Oaths of twelve men or more of the County as by all other good and lawfull ways and means of all and singular such Gifts Limitations Assignments and Appointments aforesaid and of the abuses breaches of Trust negligences mis-imployments not imploying concealing defrauding misconverting or misgoverning of any Lands Tenements Rents Annuites Profits Hereditaments Goods Chattels Money or Stocks of Money heretofore given limited appointed or assigned or which hereafter shall be given limited appointed or assigned to or for any the charitable and godly uses before rehearsed and after the said Commissioners or any four or more of them upon calling the parties interessed in any such Lands Tenements Rents Annuities Profits Hereditaments Goods Chattels Money and Stocks of Money shall make enquirie by the oaths of twelve men or more of the said county whereunto the persons interessed shall and may have and take their lawfull challenge and challenges and upon such enquiry hearing and examining thereof set down such Orders Iudgements and Decrees as the said Lands Tenements Rents Annuities Profits Goods Chattels Money or Stocks of money may be duly and faithfully imployed to and for such of the charitable uses and intents before rehearsed respectively for which they were given limited assigned or appointed by the Donors and Founders thereof which Orders Iudgements and Decrees not being contrary or repugnant to the Orders Statuts or Decrees of the Donors or Founders shall by the authority of this present Parliament stand firm good according to the Tenor Purport thereof and shall be executed accordingly untill the same shall be undone and altered by the Lord Chancellor of England or Lord Keeper of the great Seal of England or the Chancellor of the county Palatine of Lancaster respectively within their severall Iurisdictions upon complaint by any party grieved to be made to them Provided always that neither this Act nor any thing therein contained shall in any wise extend to any Lands Tenements Rents Annuities profits goods chattells money or stocks of money given limited assigned or appointed or which shall be given limited appointed or assigned to any Colledge Hall or house of Learning within the Vniversities of Oxford or Cambridge or to the Colledges of Westminster Eaton or Winchester or any of them or to any Cathedrall or Collegiat Church within this Realm And Provided also That neither this Act nor any thing therein shall extend to any City or Town corporate or to any the Lands or Tenements given to the uses aforesaid within any such city or town corporate where there is a speciall Governor or Governors
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
Schools 5 Schollars in Vniversities 6 Houses of Correction 7 For repaire of Bridges 8 Of Ports and Havens 9 Of Cawsies 10 Of Churches 11 Of Sea bancks 12 And of High wayes 13 For education and preferment of Orphans 14 For marriage of poor Maids 15 For supportation and helpe of young Tradesmen 16 Of Handicraftsmen 17 Of persons decayed 18 For Redemption or reliefe of Prisoners or Captives 19 For ease and aide of poore Inhabitants concerning payment of fifteens 20 Setting out of Souldiers 21 And other Taxes And the Commissioners have power to enquire of these nine things 1 Of abuses 2 Of breaches of trust 3 Of negligences 4 Of misimployment 5 Of not imploying 6 Of concealing 7 Of defrauding 8 Of misconverting 9 Of misgovernment of any lands tenements rents annuities profits hereditaments goods chattels money stocks of money given to any of the charitable uses aforesaid But this Act doth not extend to all Lands c. nor to all Goods and Chattels money or stocks of money given to any Charitable use aforesaid but certaine are exempted in these eight several Cases viz. 1 Of the Colledges and Halls in either of the Vniversities of Cambridge and Oxford 2 Of the Colledge of Westminster 3 Of the Colledge of Eaton 4 Of the Colledge of Winchester 5 Of any City or Town corporate where there is a speciall Governour or governours of such Lands 6 Of any Colledge Hospitall or Free-school which have speciall Visitors or Governors or Over-seers appointed to them by the Founders 7 Of Purchasors having these three qualities 1 For valuable consideration of money or land 2 Without fraud or covin. 3 Having no notice of the same charitable use But albeit the Commissioners cannot make a Decree against any such purchasors yet may they make Decrees for recompence to be made by any person or persons who being put in trust or having notice of the charitable Uses abovesaid have or shall break the said trust or defraud the same uses by any conveyance gift grant lease release or conversion and against his or their Heirs Executors Administrators having assets in Law or Equity so far as the same assets will extend 8. Of purchasors of Lands Tenements and Hereditaments assured conveyed or come to Queen Elizabeth Queen Mary Henry 8. or Edw. 6 by Act of Parliament surrender exchange relinquishment escheat attornment conveyance or otherwise but if any such Mannors Lands c. have since the beginning of Queen Elizabeths Reign been given c. to any of the charitable uses before expressed then this Act doth extend to the same Concerning the Certificate of the Commissioners these four things are to be observed 1. That they certifie their Order and Decree respectively either into the Court of Chancery of England or into the Chancery of the County Palatine of Lancaster as the case shall require 2. That it ought to be in Parchment under the hands and seals of the Commissioners 3. It must be within the time limited in the Commission 4. That the Lord Chancellor or Lord Keeper and the said Chancellor of the Dutchie shall and may within their severll jurisdictions take such order for the due execution of all or any of the said Judgements Decrees and Orders so certified as to either of them shall seem fit and convenient In the Remedie for the parties grieved with such Decrees so certified these five things are to be considered 1. That he complain to the Lord Chancellor or Lord Keeper or to the Chancellor of the Dutchie according to their severall jurisdictions for redresse thereof And this Complaint is to be by Bill 2. Vpon such complaint first they shall respectively by such course as to their wisdomes shall seem meetest the circumstances of the case considered proceed to the hearing examination and determining thereof and upon hearing thereof shall or may adnull the whole diminish part or enlarge that is confirm the former and enlarge the same by adding something thereunto the Judgements and Decrees so certified 3. As shall be thought to stand with equitie and good conscience 4. According to the true intent and meaning of the Donors and Founders thereof and this is lapis ductitius whereby the Commissioners and Chancellors must steer their course 5. And shall and may tax and award good costs of suit by their discretion respectively against such persons as shall complain to them respectively without just and sufficient cause of the Orders Judgements and Decrees before mentioned But this Order being given and limited by an Act of Parliament no costs if the Order Judgement or Decree be adnulled diminished or enlarged ought to be given to the partie complaining Proceedings upon the Statute of charitable Uses A Warrant to call the Parties interessed in the Goods or Lands misimployed to appear before the Commissioners WHereas by a Commission under the Great Seal of England bearing date at Westminster the 21 day of July 1659. We whose names are hereunder written for the due execution of a certain Statute made in the fourty third year of the Reign of the late Queen Elizabeth Entituled An Act to redresse the misimployment of Lands Goods and Stocks of Money heretofore given to charitable Vses are among others authorized and impowered to make such enquiring Orders Judgements and Decrees touching the Premisses as in the said Statute and Commission are mentioned And whereas complaint hath been made unto us by divers of the Inhabitants of C. in the County of E. That the rents issues and profits of certain Messuages and Lands in great Chesterford in the said County heretofore given and appointed by one T. H. deceased for the aid of the Inhabitants of C. aforesaid touching the payment of Fifteens reliefe of the poor and maintenance of the Highways and other charitable Uses there have been misgoverned misemployed misconverted by you of which they desire that enquirie and redresse may be made Now according to the directions of the said Statute and Commission we do hereby give you notice of the said complaint and also that we do intend to meet for the execution of the said Statute and Commission and to make enquirie of and touching the matters complained of as aforesaid on the twentieth day of July at the house of T. W. in G. in the said County of E. at which time and place we do desire you to be present to make your defence therein if you shall think it expedient So fare you well Your loving friends A. B. C. D. E. F. G. H. To the Sheriff of the County of E. BY vertue of a Commission under the Great Seal of England bearing date at Westminster the 6 day of May instant to us whose names are hereunder written and others directed for the due execution of a Statute made the three and fourtieth year of the Reign of the late Queen Elizabeth entituled An Act to redresse the misimployment of Lands Goods and Stocks of money heretofore given to charitable Uses We do will end
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
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