Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	chief_a	lord_n	plea_n	5,523	5	9.8646	5	true

Text snippets containing the quad

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

per ann. at this day to maintain the Master Vsher and certain poor people in Chelmesford and Moulsham and appointed that the Rents Issues and Profits of their lands should be imployed for their maintenance and not otherwise and appointed the Lord Peter and the Heirs males of his body Sir Tho. Mildmay and the Heirs males of his body Sir Jo. Tirril and the Heirs males of his body and Sir Humfrey Mildmay and the Heirs mals of his body should be Governors of the said Free-School and Lands and that none under the degree of a Knight should be one of the Governors the Governors make Leases of the Lands at under values for Fines and small Rents according as they were at the first Foundation The Commissioners Decree the Government and Ordering of the Lands to others by reason of their breach of Trust Sir Henry Mildmay of Moulsham neer Chelmsford being the chief man that received the Rents let the Leases and defrauded the Trust the rest of the Governors Heirs being within age or beyond the Seas put in Exception to the Decree First that the Corporation had speciall Visitors appointed and so within the Proviso of the Statute Secondly for that the Decree is against the Founders intent who would have none under the degree of Knight to be a Governor to which was answered That when the Visitors break the Trust they may be questioned by Decree of the Commissioners as is the Case of the School of Morpeth and other Cases before cited Thirdly that the generall intent was of Edw. 6. that the Profits of the Lands should be solely converted for the use of the School and poor and that the Visitors and their Heirs should make no profit of it and that of being a Knight was but for the Honour of the Family appointed Governors and they all being persons of great Possessions and living neer Chelmsford But the Lords Commissioners reversed the Decree by reason of the Proviso in the Statute and ordered that a Bill be exhibited against the now Visitors and Governors and that upon proof of their breach of Trust a course should be taken for relief of the School and Poor according to the intent of the Founder The Case where a Tenant in Capite Devised all his Lands to a charitable Vse TH. seised in Fee of the Mannor of L. held in Socage and of 54 acres of Marshland held in Capite deviseth all the Socage-lands to C. Hospitall in L. paying 1000 l after the death of A. the wife of T. H. as she in her life time should appoint the same to be payd Part of the Socage-lands Devised to the Hospitall is by Commission of the Court of Wards set out to N. H. the Heir for his third part A. H. dies and the Hospitall pays the 1000 l The Commissioners for charitable uses have Decreed to the Hospitall all the Socage lands Devised to the use of the poor This being the substance of the Case the questions hereupon arising upon the Appeal were Whether the Devise to the charitable uses be good and whether the Commissioners had power to decree the whole Socage lands devised or but two parts only It was agreed that by the Statutes of 32 and 34 Henry 8. the Devise is voyd for a third part But it was insisted upon that although the Devise be voyd for a third part by those Statutes yet this is such a limitation and appointment within the Statute of 43. Eliz. as doth well enable the Commissioners for charitable uses to Decree the whole First That it hath been generally held that the Statute of 43. Eliz. for charitable Uses doth supply all the defects of assurances where the Donor is of a capacity to dispose and hath such an Estate as is any ways disposeable by him And upon this ground it hath been held That if a Copyholder doth dispose of Copyhold lands to a charitable use without a Surrender or if Tenants in tayl do convey land to a charitable use without a Fine or if a reversion be granted without Attornment or Inrolment and divers other the like cases yet these defects are supplied by the Statute of 43. Eliz. because the Donor had a disposing power of the Estate and this is a good limitation and appointment within this Statute But it is true if an Infant Lunatick or any other person who hath not capacity to dispose an Estate shall grant to a charitable use this defect is not supplied by this Statute and this difference is resolved in Collisons Case 15. Jacob in the Lord Hobarts Reports folio 136. Secondly the words of the Statute of 43. Eliz. are very considerable in this Case for although the Statute doth give power to the Lord Chancellor or Lord Keeper upon complaint to them made to adnull diminish alter or enlarge any Decree made by the Commissioners for charitable uses yet the same is with this limitation so far as may stand with Equity and good conscience according to the true intent and meaning of the Donor and Founder thereof Whereby it doth appear that in all Gifts Appointments Limitations and Assignments within that Statute speciall regard is to be had to the intent of the Donor and this power of adnulling diminishing altering or enlarging Decrees made by the Commissioners for charitable uses is appropriated solely to the Lord Choncellor or Lord Keeper and not to any other and to proceed therein according to Equity and good conscience Thirdly the Case of G. L. Hillar 13. Jac. reported by the Lord Hobart fol. 136. doth resolve the point in question Where the Case being that G. L. being seised in Fee of lands in Cardigan 1571. in August 25. Eliz. Devised the same land to A. his wife for life and after to J. his daughter for life and after these lives ended to the principall Fellows and Schollars of Jesus Colledge in Oxford and their successors to find a Schollar of his Blood from time to time and dyed the lives ended B. L. the Heir of G. L. being the Kings VVard entred and upon a Case made hereof in the Court of Wards and by order of that Court brought to the Lord Hobard then Chief Justice of the Common Pleas and the Lord Chief Baron Tanfield to be resolved of by them who agreed and so certified that the Devise was void in Law because the Statute of Wills did not allow Devises to Corporations in Mortmain yet they held it cleerly within the relief of the Statute of charitable Uses of 43. Eliz. under the words limited and appointed and so it was Decreed that the Colledge should enjoy it against the Ward and his Heirs The Case of Collison 15. Jac. Reported likewise by the Lord Hobard fol. 136. Resolved the point in question where the Case being That Collison 15. Hen. 8. Devised a House in Etham in Kent to L. his Wife for life and after her death made J. K. and others Feoffees as he called them in the said House to keep it in reparations

lands to a Charitable use the land it self did passe and in twelve Jac. in the Case of one Kerry and Dethick it was adjudged that if one Devise to another and his Heires the Rents and Profits of his Lands that this is a Devise of the Land it self also they resolved that when one Deviseth the Rent of his Land to a Charitable use it shall be taken largely for a Devise of the Rent then reserved or afterwards to be reserved upon an improved value and the Lord Keeper did afterwards confirm the Commissioners Decree in all things The Schoole of Thetfords Case upon a Bill exhited in Parliament 8. Jacobi 8. Coke fol. 130. LAnd of the value of 35 l by the year was by Sir Thomas Fulmerston 9. Eliz. Devised to certain persons in Trust and their Heirs for maintenance of a Preacher Schoole master and poor people in Thetford and by the Will a special distribution was made how much the Preacher Schoole-master and poor should have amounting in the whole unto 35 l by the year which was the value of the Land at the time of the Devise and afterwards the land increaseth to be by the value of 100 l by the year and upon a Reference to the Chief Justices and Judge Walmsley they certified their opinions that the Revenew of the Lands shall be imployed to increase the several stipends of the persons appointed to be maintained by the Devisor and if any surplusage do remain it shall be imployed for the maintenance of a greater number of people and nothing shall be converted by the Devisees to their own use for that it appeareth by the distribution of the Devisor that he intended that all the Profits of his lands shall be imployed in the Charitable works by him Founded and left nothing to his Heirs or Executors of the Profits of his Lands as they were in value at his death and as if the value of the Lands had decreased the poor should have lost in their stipends so when the Revenue of the Revenue of the Lands increase they shall gain and the Lord Coke said that this resolution did concern all the Colledges in the Vniversities and elsewhere for when the lands were first given for their maintenance and that every Scholler should have a penny half peny a day this was then a competent allowance for a Scholler in respect of the price of victuals then and yearly value of the Land and now the price of victuals being increased the first maintenance for Schollars is not competent for them and as the value of the lands increase so ought the allowance for the Schollars to increase for the Colledges seised in Jure Collegii to the intent that the members of the Colledge shall be maintained according to the intent of the Founder which is that all the Revenue and Increase of the Profits of their Lands shall be bestowed in the works of Charity which the Founder hath expressed and that nothing should be committed to any other private uses for panis egentum est vitae pauperum qui defraudat eos homo sanguinis est and upon conference with all the Judges of England they agreed to the opinion of both the aforesaid Judges and both Houses of Parliament passed the Bill accordingly and the King assented to the Bill Dame Billingsleys Case 12. Jac. THe Lady Billingsley being a feme covert and Administatrix unto Martin her first husband made her Will and gave 400 l unto Charitable uses out of 1800 l debt due unto Martin upon a Statute and dyes Administration of Martins goods is committed unto others the Executors of the Lady Billingsley prove the Will and have asse●● Commissioners for charitable uses make a Decree against the Executors for payment of the 400 l given by her unto the Charitable use Upon an Appeal the Executors take exception against the Decree first that the Will is void being made by a feme covert for that the Demise of the Charitable use is to be paid but of money due upon a Statute which is a thing in action and the Administrators of Martyn have now the debt out of which the charitable use ought to be payd but the Lord Keeper did confirm the Decree and declared that the Will of a Femecovert is not meerly voyd unlesse her Husband did contradict it and it shall stand good in this case and be a good Declaration of money to a charitable Use within the Statute Secondly this Declaration shall be good to charge her Executors to pay the charitable use it being found that they have Assets and they shall be liable to pay it out of her Estate but it shall not charge the Administrators of Martin for that they be Administrators to another and claimed immediately from Martin above the Will Decimo quinto Jac. Collisons Case COllison seized of Lands in Fee in Pape street of Eltham in 25 H. 8. Deviseth the Rents of his Lands to his Executors for reparations of High ways within the Parish for ever and upon a Reference to Mountague and Hoboard chief Justices out of the Chancerie they certified that this was a good Demise of the Land and that if one do Demise the Rents and profits of his Lands to another and his Heirs this is a good Demise of the Land it self Secondly although this was a voyd Demise in Law because it was made in 25 H. 8. at which time no Land was Demisable by the Common Law but customary Land and the Statute of 32 34 H. 8. were made divers years after yet by the Statute 43 Eliz. it is made good and shall be taken within that Statute for a good limitation and appointment to a charitable use and it was Decreed according to their certificate Sir Tho. Middletons Case 1617. SOldiers and Marriners by a voluntary contribution amongst themselves abates out of their wages of six shillings a Month 4 d by the Month and he which taketh five shillings by the Month 3 d by the Month and appoints this to be payd to Sir Tho. Middleton to the intent that he shall imploy it for relief of maimed Souldiers and Marriners upon the Seas their wives and children and Sir Tho. receives by this appointment 400 l which he keeps in his hands about twenty years This voluntary contribution was made by the Marriners and Soldiers attending Sir Francis Drake and Sir John Hawkins in their voyages to the West Indies upon a Commission upon the Statute of Charitable Vses this voluntary agreement and constitution of the Souldiers and Marriners was proved before them and that Sir Tho. Middleton had received by reason thereof 400 l which he had detained in his hands twenty years The Commissioners make a Decree for payment of the said money with some damages and upon Appeal to the Lord Keeper he confirmed this Decree Rivetts Case 15 Jac. A Copyholder of Land in Fee Deviseth the same to a charitable Use without a surrrender Commissioners make a Decree for the Land and