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
Christian souls and that the Feoffees or their Assignes should expend yearly at every Obit so kept and for his Name to be had in the Bedroll 6 s 8 d And that all other issues and profits coming and growing of the said Tenement Lands and other the Premisses with the Appurtenances over and above the said Edifices and reparations and the said 6 s 8 d for the said Obit and Bedroll should be expended distributed and laid out in making and mending of the Highways between H. in the said County and the City of L. and in other deeds of Piety and Charity by the discretion of two of the said Feoffees Provided always that the profits of all Woods and Wood-sale that should come and grow of the Grove called R. should be distributed one time to the use of the aforesaid Parish Church of E. and at another time to the use of the Parish Church of T. G. aforesaid the profits of the first Wood-sale to the use of the Parish Church of E. And further that two Persons being Feoffees of and in the said Tenement and Lands and other the Premises with the appurtenances should take and levie to the uses aforesaid all the issues and profits of the same and to distribute and dispose them in manner and form as the said J. B. hath before willed and declared Provided always that no person which should have the levying and gathering of the same issues and profits of the said Tenements Lands and other the Premisses with the Appurtenances should levie and gather them over and above one whole year together but that yearly an Election to be made of two persons of the said Feoffees to be Renters and Gatherers of the said issues and profits to the use and intent before expressed And that the said persons so elected and named Renters and Gatherers should yearly give up their accompt before the residue of the said Feoffees which shall stand seised of and in the said Tenement Lands and other the Premisses with the Appurtenances or before the most part of them on the day of Saint J. in Christmas week and that every person so levying and gathering the said issues of the said Tenement and Lands shall have for their labour and businesse in that behalf 12 d And that such persons as were seised and infeoffed at the making and declaring of his said Testament and last Will of in the said Tenement Lands and other the Premises with the Appurtenances should make an Estate and Feoffment of and in the same unto twenty four honest persons dwelling and inhabiting within the aforesaid Parishes of E. and T. G. And that the said twenty persons and their heires should stand seised and enfeoffed of and in the said Tenement Lands and other the premises with the appurtenances to the use and performance of the said Testament and last Will of the aforesaid I. B. And at such time and when it should fortune the said twenty four persons to decease or void the said Parishes to the number of eight persons so that there were not liveing and inhabiting within the said two Parishes of the said Feoffees over and above eight persons That then the said eight persons so surviving and inhabiting should make an Estate and Feofment of the said Tenement Lands and other the premises with the appurtenances unto twenty four honest persons dwelling and inhabiting within the said Parishes To have and to hold the said Tenement Lands and other the Premises with the appurtenances unto the said twenty four and to their heires to the use and performance of the said Testament and last Will of the aforesaid I. B. And as often as it shall happen the said Feoffees to come to the number of eight in form aforesaid The same eight persons so often to make an Estate and Refeoffment of the said Tenement Lands and other the Premises with the Appurtenances to twenty four honest persons of the said Parishes and so from time to time as often as any such case shall happen or fall for evermore as by a certain Indenture bearing date the 29. day of D. in the year of our Lord God 1518. and in the said tenth year of the Reign of King H. the eighth now shewed forth in evidence to the said Jurors by the present Feoffees of the said Tenement and Premises more at large it doth and may appear And the said Jurors do further say upon their oathes that the said I. C. R. A. and others the Trustees aforesaid being so seised of the said Tenement Land and Premises in Trust as aforesaid They the said I. C. R. A. and others the Trustees aforesaid did by a certain Deed or Writing bearing date on or about the said twentieth day of D. in the said tenth year of the Reign of the said King H. the eighth convey the said Tenement Lands and Premises with the Appurtenances unto I. A of E. aforesaid Mercer and I. W. of the same Yeoman their Heires and Assignes to fulfil the Will of the said I. B. And that they the said I. A and I. W. being of said Tenement Lands and Premises with the Appurtenances seised They the said I. A. and I. W. did by their Deed of Feoffment executed by Livery and Seisin bearing date the said 29. day of D. in the said tenth year of the Reign of the said King H. the eighth convey the said Tenement Lands and Premises with the Appurtenances unto R. A. of T. G. aforesaid R. A. and W. A. sons of the said R. W. A. the elder F. A. son of the said W. A. the elder T. T. alias T. R. I. T. son of the said T. T. H. A. son of the said I. A. H. B. R. B. son of the said H. B. W. N. the younger I. P. W. P. sons of R. P. R. P. the younger T. M. the elder of T. G. aforesaid T. T. son of H. T. W. C. W. S. W. A. son of I. A. W. S. I. S. son of the said W. S. T. S. I. S. son of the said T. S. I. W. son of R. W. I. B. the elder H. H. the younger and S. son of W. S. W. B. son of B. B. and I. P. of E. aforesaid as by the said last recited Deed of Feoffment now also shewed forth in evidence to the said Jurors by the said now present Feoffees of the said premises may appear And the said Jurors do further say upon their oathes That about N. in the sixth year of the Reign of the late Queen Eliz. H. A. and R. A. sons of W A. deceased I. R. and I. R. son of the said I. F. A. and R. A. son of the said F. S. A. son of H. A. deceased I. W. son of I. W. deceased I. A. son of I. A. of B. deceased W. C. son of W. C. of T. G. aforesaid W. A. and I. A. and I. A. son of the said W. S. A. and T. A. sons of the said H. A. deceased I. S. and A. S. son of
other Parishoners of the Parish where the charitable use is to be distributed Lastly it was resolved that if a Rent seek be granted to a charitable use the Commissioners by their Decree cannot make this a Rent-charge by adding a clause of distresse unlesse it be for that this alters the nature of the Rent in the creation of it and is against the mind of the Donor Mich. 14. Car. Plate and the Masters and Fellows of St. Johns Colledge in Cambridge PLate being seised of Copyhold Land in tayl in Highgate in Midlesex surrenders this in Court to the use of his Will and suffers a Recovery in the Court of the Mannor in which no Judgement is given against the Vouchee and after Deviseth by his Will this Copyhold Land and all his Free-hold Land to his wife for life the remainder to the Master and Fellows of St. Johns Colledge in Cambridge for maintenance of the Schollars there the Heir of Plate enters upon the wife to avoid the Devise and the Master and Fellows prefer a Bill in Chancery to preserve their interest and to have the Devise to them confirmed The Lord Keeper Littleton resolves that if no Judgement be given against the Vouchee to have in value in case of a common recovery to cut off an Estate tayl that it is a voyd recovery and will not cut off an Estate tayl and as to the wife to whom the Land was Devised for life the Heir had liberty given by Law to evict them but as to the Colledge and the remainder limited to them the Lord Keeper did declare that the Devise is good to them by the Statute 43 Elizabeth touching Gifts Limitations and appointments of Lands to charitable uses for there is gift and limitation of the Land to a charitable use which shall not be avoided for want of circumstance of Law to make it good and also the Lord Keeper said that although the Colledge was incorporated by another name then the Devise was to them and therefore might not be capable of it yet the Devise is good to them by the said Statute also if the Heir avoyd the Estate tayl against the Wife at Law yet the remainder to the Colledge shall stand good and be a remainder without a particular Estate which by rules of Law cannot be but these defects in cases of charitable uses are made good by that Statute by a benigne and favourable interpretation thereupon for maintenance of Charity as it is in other cases upon Statutes for Piety and Charity 13 Jacobi Jesus Colledge Case in Court of Wards referred to the Judges DOctor Floyd seised of Lands in Capite Deviseth them to Jesus Colledge in Oxford and their Successors to find a Fellow there which should be of his blood and alliance and it was referred to the Judges Whether this Devise be good or no and they resolved and certified that by the Common Law and Statute of Wills the Devise was void for these Statutes enabled persons to Devise their Lands excepting to Corporations for that is Mortmain also none can Devise all their Capite Lands to any but must leave a third part to descend but they certified and resolved that although it be voyd by the Common Law yet the Statute of 43. Eliz. for charitable Vses doth make this good as a limitation and an appointment and that it was good for all the Land But if an Infant or Lunatick who by Law is disabled to make a Will or Devise of his Land do Devise his Land to a charitable use this is voyd and not made good by the Statute for want of a capacity to make a Will by Law The Lord Edward Mountagues Case in the Court of Wards 17. Jac. SIr Walter Mountague seised in Fee of Capite Lands in Hanging Houghton in Northamptonshire conveys two parts of these lands unto uses limited within the Statute of 32. and 34. H. 8 and by his Will deviseth the third part remaining in him for maintenance of a charitable use in Wales and upon a reference unto Hobart and Tanfield they resolved this Devise to be voyd and was not aided by the Statute of 43. Eliz. for charitable uses for in the instant of his death the Lands descended to the Heir and the Devisor having disposed of two parts in his life according to the Statute of Wills he is disabled by the Common Law and those Statutes as owner of the Lands to Devise any part of his third part remaining See Doctor Floyds Case before in Jesus Colledge Case Seymor against the poor of Twyford Trinity 1634. MOney was given to charitable uses and detained a long time as concealed the Commissioners upon the said Statute Decreed the Money to be paid with interest after the rate of 8 l per cent and this Decree was confirmed by the Lord Keeper So in the Case of the Lady Mountague of Ilford and the Inhabitants of Barking in Essex Sir Charles Mountague her Husband gave by his Will 10 l to the poor of Barking and made his Wife Executrix and died she kept the Money above twelve years in her hands and the Commissioners Decreed her to pay 20 l for the detainig this Money for use and principall and the Lord Keeper Coventry confirmed this Decree about 12. The Poor of East Greenstead against Howard 8. 10. REsolved by the Lord Keeper upon Appeal to alter or confirm a Decree made by Commissioners upon the Statute of Charitable Vses the Decree is not perpetuated and not to be altered but by Act of Parliament and is to remain in the Pety Bagg and it is in his power to make a Decree good where it is defective Hungate on the part of the Inhabitants of Sherborn 3. A Debt owing by Statute Bond Judgement or Recognizance which in Law is a thing in action was given for the creation of a School and this was Decreed to be a good appointment within the Statute to maintain a charitable Use Steward against Germyn 41. Eliz. ONe having Lands and Goods appoints by his Will that the same shall be sold to maintain a charitable Use and doth not appoint by whom the sale shall be made the Commissioners do by their Decree appoint that J. S. shall sell these Lands and Goods and Decree his sale to be good and that the money to be raised thereby shall be imployed to maintain the charitable Use according to the Donors Will and this Decree was confirmed by the Lord Keeper upon an Appeal to him Hellams Case 5. Caroli A Devise was made of Lands to the Company of Leather-sellers in London to maintain a charitable Use there upon a Decree by Commissioners to settle the Lands upon the Company an Appeal was and exception taken for that the Company of Leather-sellers was a Corporation and the Statutes of Wills doth except Devises of Land to a Corporation but the Decree was confirmed there being many Presidents in it The Schoole of Rugby in the County of Warwick 2. Caroli ONe seised in
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-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
D. Esquire his Executors and Assignes all that the aforesaid Mannor of D. with the Appurtenances together with all the Lands c. thereunto belonging To have and to hold the said Mannor and Premisses to the said H. J. his Executors Administrators and Assignes from the end and expiration of the said first mentioned Indenture of Lease That is to say from the Feast of the Birth of our Lord God which shall be in the year of our Lord God 1642. unto the end and term of one and twenty years from thence forth next and immediately ensuing and fully to be compleat and ended for and under the yearly Rent of 50 l of lawfull money of England and that the same last mentioned Lease or Demise was allowed of by P. L. and Dame E. B. his Wife as Patrons of the same School And that the said old or former Lease made and granted of the said Mannor of D. and Premisses with the Appurtenances by the said J. H. precedent School-master and the said T. C. J. W. and W. C. to the said F. R as aforesaid was not within 14. years of expiration of the years thereby granted by effluction of time at the making of the said new Lease by the said T. C. J. W. and G. G. to the said H. J. as aforesaid neither was the same old or former Lease so made and granted to the said F. R. by the said J. H. and J. B. as aforesaid surrendred or otherwise avoided within one year next after the making of the said new Lease to the said H. J. nor at any time sithence And that the said Mannor of D. yet is and at the time of the making of the said Lease to the said H. J. was worth 60 l of lawfull money of England per ann. And that the said T. C. is dead and that T. O. Presbyter is now School-master of the same Grammar-School of the said A. B. Esq in D. aforesaid And that neither the said A. B. nor J. his Wife made any direction otherwise then as aforesaid touching the Issues and Profits of the said Mannor as by the said Inquisition hereunto annexed relation being thereunto had more at large it doth and may appear Now for as much as it appeareth by the Inquisition before recited That by the Statutes Ordinances and Constitutions concerning the Grammar-School before mentioned and the Lands Tenements and Possessions thereof All Leases made by the said Corporation of any their Lands Tenements or Hereditaments being in the hands of any Farmer or Farmers by vertue of any old or former Lease for years shall be utterly voyd unlesse the same old or former Lease for years be within fourteen years of expiration of the said years by effluction of time at the making of the said new Lease and be surrendred within one year next after the making of the same Lease And for that it appeareth likewise by the said Inquisition That the old or former Lease therein mentioned to be made and granted of the Mannor of D. before mentioned by the said J. H. J. F. and G. O. to the aforesaid R. F. as aforesaid was not within fourteen yeers of expiration of the years thereby granted by effluction of time at the making of the said new Lease by the said T. C. J. W. G. G. to the said J. H. as aforesaid And that the same old or former Lease so made and granted to the same R. F. by the said J. H. and J. F. and G. O. as aforesaid was not surrendred nor otherwise avoided within one year next after the making of the said new Lease to the said R. F. or ever at any time since And for that it appeareth and therefore the making of the said new Lease was a breach of Trust in the said School-master and Guardians Further also it appeareth by the said Inquisition that the said Mannor and Premisses so demised and granted to the said H. J. as aforesaid at the Rent of 50 l per ann. is worth 60 l per ann. to be let therefore and for other the matters and things in the said Inquisition appearing the said Sir W. R. c. being six of the Commissioners named and authorized in and by the said Commission upon full hearing and debating of the matter by the Councell learned in the Laws appearing before the said Commissioners as well on the behalf of T. J. Son of the said H. J. who claimeth an interest in the said Mannor of D. for divers years yet to come under colour of the Lease before mentioned made by the said J. H. J. B. and G. O. to the said H. J. as aforesaid do by vertue of the said Statute and Commission order adjudge and decree that the said Lease made and granted by the said J. A. J. B. and G. O. to the said H. J. was made contrary to the intent of the Donor of the said Lands and contrary to the Ordinances and Constitutions appointed for and concerning the said School and the Lands Tenements and Possessions thereof and is not warranted by all or any of them but was and is an abuse and misgovernment of the said Mannor and Lands and a breach of Trust in the said T. O. School-master of the said Grammar-School J. B. and G. O. Guardians of the Lands Tenements and Possessions of the said School and is a great and apparent prejudice and hinderance to the due and faithfull imployment of the profits of the same according to the intent of the Donor and a defrauding of a charitable Use within the said Statute and that the said Lease and the said Mannor and Lands and the Indenture of Demise for the passing of the same to the said F. R. is and from henceforth shall be utterly void and of none effect And the said Commissioners do further order adjudge and decree That the said T. O. School-master and the Guardians of the Lands Tenements and Possessions of the same School for the time being shall and may Demise grant and to Farm let the said Mannor of D. in such manner as by the same Ordinances and Constitutions concerning the said School School master and the Lands Tenements and Possessions thereof is limited declared ordained and appointed The said Lease so made of the same Mannor and Lands to F. R. aforesaid notwithstanding And they the said Commissioners do further order adjudge and decree that the said T. R. Esquire Son of the said F. R. shall within one Month after notice of this Decree deliver the Indenture of the said Lease made unto the said F. R. of the said Mannor and Premisses as aforesaid to the said T. O. or his Successors and Guardians of the Lands Tenements and Possessions of the same School for the time being to be cancelled and shall likewise within that time pay unto the said T. O. the summ of 10 l of lawfull money of England for his charges and expences in suing out the said Commission and in the prosecution of the said Inquisition and
late King Edward the sixth the said R. W. and W. P. did by Deed of Feoffment and by other good Conveyances and Assurance in the Law convey and assure the aforesaid last mentioned Messuage called C. amongst other things to W. C. and J. W. and their Heirs and afterwards G. C. Son and Heir of the said W. C. who had the said last mentioned Messuage called C. by survivorship did by his Indenture of Bargain and Sale inrolled in Chancery dated the thirteenth day of October in the twelfth year of the late Queen Elizabeth bargain and sell the said last mentioned Messuage called C. amongst other things to W. L. and his Heirs and afterwards the said W. did by his Deed indented inrolled in Chancery dated the tenth of July in the thirteenth year of the Reign of the late Queen Elizabeth convey and assure the said last mentioned Messuage called C. unto T. H. and his Heirs which said T. H. was Grandfather of this Exceptant and the same is by descent and other good Conveyance and Assurance in the Law lawfully vested and come unto this Exceptant and he now is lawfully seised thereof and ought to hold and enjoy the same free from the said charitable use The third Exception And thirdly This Exceptant saith that the said T. H. his Grandfather at the time of his purchase of the said last mentioned Messuage called C. had no notice of the said charitable use and if the said Messuage were charged or chargeable therewith or liable thereunto as in truth it is not yet ought the same not to be charged therewith For that by the said Statute made in the three and fourtieth year of the Reign of the late Queen Elizabeth made for charitable uses it is provided and ordained that no Lands Tenements or Hereditaments given or appointed to any charitable uses shall be impeached by any Decrees or Orders of Commissioners for charitable uses the Purchasers having no notice of the said charitable uses The fourth Exception And fourthly This Exceptant saith that if it were true as in truth it is not That the said last mentioned Messuages called C. were charged or chargeable with the said charitable use yet ought not the said Order or Decree made by the said Commissioners any ways to impeach or charge the said Messuage or Premises with the said charitable use or any ways to deprive this Exceptant thereof For that by the said Statute made in the three and fourtieth year of the Reign of the said late Queen Elizabeth It is Enacted that the said Act for charitable uses shall not extend to give power and authority to any Commissioners for charitable uses to make any Order Judgment or Decrees for or concerning any Mannors Lands Tenements or other Hereditaments assured conveyed granted or come unto the Queens Majesty the late King Henry the eighth King Edward the sixt or Queen Mary by Act of Parliament surrender exchange relinquishment Escheat Attainder Conveyance or otherwise And forasmuch as it appeareth that the said Messuage and Premises last before mentioned called C. was by the said late King Edward 6. by his Leters Patents dated the eighth day of April in the third year of his Reign granted amongst other things unto the said R. W. and W. P. and their Heirs as is herein before mentioned And therefore if the same had been any ways given to the said charitable use as in truth it was not yet ought the same now to be free from the same by force and vertue of the said Act of Parliament The fifth Exception And fifthly This Exceptant saith that the said Commission grounded upon the said Statute to the said Commissioners directed in pursuance whereof they made their Decree is not returned into this Honourable Court into the Office of the Petty-bag as it ought to be for all which Causes this Exceptant doth humbly pray the said Order Decree may be reversed and made void and his said Messuage and Premises may be freed from the same And that this Exceptant may be dismissed with his reasonable costs and charges in this behalf wrongfully sustained Answers to Exceptions The Answer of J. L. and S. W. Church-wardens of G. T. in the County of D. Respondants to the Exceptions of T. H. Gent. by him taken to the Decree in the said Exceptions mentioned WHereas the said Exceptant doth except to and against the said Decree for that the Messuage or Tenement called C. given by the Will of A. B. therein named to the charitable use therein specified are not the Messuage Tenement and Lands in the occupation of the said Exceptant and his Tenants and which are charged and Decreed to the said charitable use And also for that the Exceptants Grandfather T. H. therein named had at the time of his Purchase of the Premises in the occupation of him and his Tenants no notice of the said charitable use and that the said Premises were heretofore conveyed by Letters Patents from King Edward the sixth And lastly for that the Commission directed to the Commissioners in the said Decree named wherein they made the said Decree was not returned into this Court at the time of the said Exception unto which Exceptions these Respondents saving unto themselves all advantages of Exception to the incertainties and insufficiencies thereof say That they are upon the matter strangers to the matters set forth by the said Exceptions having not lived very long in the said Parish and being no otherwise concerned then as Churchwardens thereof and it cannot be presumed they should know the facts and titles alledged by the said Exceptions of their own knowledge But they say that the said Exceptant was severall times summoned and heard before the Commissioners that made the said Decree and the Jury by them impannelled And he brought his Learned Counsel with him who urged before the said Jury and Commissioners who were learned in the Law and good and honest men before their Verdict given or Decree made the substance and matter of the said Exception and what ever could be alledged against the decreeing of the Premises and the same Decree was made upon a full hearing of both sides And one of the main points insisted on before the said Jury and Commissioners was the matter of the aforesaid first two Exceptions whether the Premises decreed to be charged with the charitable use were the Messuage Tenement and Lands given by the said Will yea or no it being a proper issue for a Jury of parcel or no parcel the same Premises in the occupation of the Exceptant were after a full and deliberate hearing and evidence on both sides found by the said Jury to be the same Tenements and Lands devised by the said Will And the matter of the said two next Exceptions Whether the said Exceptants Grandfather had notice of the charitable use before or at his Purchase of the Premises or that the Premises were in the Crown yea or no being also proper for a Jury
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
purposes But they may Decree Lands held in Capite or in Socage to a Corporation already incorporate to be Trustees to perform a Charitable use and it shall be no Mortmain Also they may Decree Lands given to charitable uses to sundry persons and their Heirs to the said uses and enable them to demise the same Lands for the best profit of the said Charitable use and that when such a number of them dye the survivers shall make a Conveyance to settle the said lands in themselves that survive and others to make up and continue the number by them appointed 6. If lands that lye in the body of a County be given to a Corporation to maintain charitable uses the Commissioners of the Country may make orders to reform the breaches of Trusts and misimployment of such lands by the Corporation Trin. 9. Caroli East-greensteds Case THese points were resolved by the Lord Coventry 1. That whereas Robert Earl of Dorset had granted a Rent charge of 330 l per ann. out of divers his Mannors and Lands in London and several Counties for maintenance of an Almshouse in East-greensted erected by himself First That if a Rent be granted out of Lands in several Counties for maintenance of charitable uses in one County The Commissioners in that County where the charitable use is to be performed may make a Decree to charge the lands in other Counties to pay an equal contribution of charge in payment of the said Rent and there needs not several Inquisitions in each County for that the Rent is an entire grant by the Deed or Will 2. If the devisees of a Rent-charge or the grantees thereof to a charitable use do purchase part of the lands out of which the rent is issuing or all the land Although in extremity of Law the Rent-charge is extinguished yet if the Commissioners Decree the Rent to be revived and settle it upon others to maintain the charitable use the Rent is revived by the said Decree 3. If a Rent-charge be granted out of land to a charitable use and the land is afterwards sold for valuable consideration of money or land to one that had no notice of the Rent yet the Rent remaineth For that the purchase was of another thing that was not given to the charitable use 4. By the Statute the parties interessed are to have notice from the Commissioners of the time and place of their sitting to execute the Commission Yet if the Commissioners make a Decree without giving such notice to the parties interessed it is good And if the parties upon their Appeal do take exception that they had not any notice of the time of the executing of the Commission from the Commissioners That shall not avoid the Decree unless they shew withal in their exception that for lack of such notice they lost the benefit of such an exception to the Commissioners or some of them or of such a challenge to a Juror expressing the cause in certain And if the Lord Keeper adjudge the cause shewen to be a sufficient exception and challenge the Decree or Orders of the Commissioners shall be adnulled and reversed without further examination for the intent of such notice to be given is That the parties interessed may make their lawful challenges to the Commissioners or Jurors as the Statute alloweth them 5. Resolved that the notice which a Purchasor of lands given to charitable uses ought to have ought to be certain and a general notice is not sufficient As if land given to charitable uses be intended to be sold by Act of Parliament and when the Bill is read in the house of Parliament it is there spoken unto and declared that the land is chargeable with a charitable use and recompence is offered otherwise to assure the charitable use then by that land and afterwards the Bill doth not passe and the Land is sold to one of the Members of the House that spake unto the Bill for money Yet this notice in Parliament is not sufficient notice within the intent of the Statute because it was not known to such a Purchasor but as a Parliament man in another capacity 6. If a Purchasor of Land given to charitable uses for consideration of money hath Legal notice of the use and afterwards selleth the Land to another for money who hath no notice of the use This second Purchasor shall hold the Land chargeable with the charitable Use for that the first Purchasor held it so and the second Purchasor coming under his Title must hold it subject to the charges the first Purchasor held it for that he claims under him But if the first Purchasor had no notice of the Use then is the Land discharged of the charitable Use and if he aftewards sell it to another for money that hath notice of the Use yet he shall not hold it subject to the charitable Use for that the Land was discharged thereof upon the first Purchase 7. That if a Rent-charge be granted to a charitale Use out of Lands in severall Counties the Commissioners are to charge this Rent by their Decree upon all the Lands in every County according to an equall distribution having regard to the yearly value of all the Lands chargeable with the Rent and cannot by their Decree charge one or two Mannors with all the Rent and discharge the residue in other Counties or places for that their Decree will then be contrary to the Will of Founders or Donors 16. Martii 4. BEtween the poor of Walthamstow in Essex and upon a Devise of money by one Colby to relieve the poor there these points were resolved First S. took exception upon his appeal in Chancery that he had no notice of the time and place of the Execution of the Commission from the Commissioners whereby he lost the benefit of his challenge to some of the Jurors that were Inhabitants in Walthamstow as being parties interessed and upon proof it appeared that the number of eighteen were sworn upon the Jury whereof three of them were substantiall men of Walthamstow and none of the poor there to take benefit by the Gift and the Lord Keeper disallowed the Exception for that it appeared fifteen others were of the Jury against whom no ception is taken and a Verdict of twelve or more is good although others of the Jury above the number of twelve dissent also the three Inhabitants were no parties interessed in the Gift and may be Jury-men they being none of the poor of the said Parish Secondly if one be authorized by a party subject to the Decree of the Commissioners for a charitable Use as a Counsellor Solicitor or Attorney to solicit and defend his Suits and notice is given to his Attorney Counsellor or Solicitor by the Commissioners of the time and place for execution of the Commission against the person so entertaining him telling and advising him to acquaint the party interessed therewith and giveth him timely notice to acquaint him accordingly and
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 asseâ—â— 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
Stocks of Money may be duly and faithfully imployed to and for the charitable Use and Intents for which they were given limited assigned or appointed by the Donors and Founders thereof according to a Statute made in the 43. year of the Reign of the late Queen Elizabeth intituled An Act to Redresse the Misimployments of Lands Goods and Stocks of Money given to charitable Vses And whereas the said Sir W. R. c. being seven of the Commissioners named and authorized in and by the said Commission meeting for the execution of the said Commission at the day and place aforesaid it was then and there found by the oaths of F. M. J. B. c. good and lawfull men of the said County duly summoned impannelled and sworn according to the said Statute and Commission that A. B. c. and J. his wife by their Writing under their Seals bearing date the 20 day of J. in the fifth year of the Reign of the said Queen and by and according to a Grant and License from the said Queen duly obtained did Found Erect and incorporate a Free School in C. by the name of the School-Master and Guardians of the Lands Tenements and possessions of the Grammar-School of A. B. Esq in C. in the County of D. and did name and appoint G. H. Presbyter School-master and A. B. and C. D. Guardians of the said Lands Tenements and Possessions who by vertue thereof were School-master and Guardians of the Lands Tenements and Possessions of the said Grammar-School and became and were one body Corporate and politick both in name thing And that the said School being so erected founded and established and the School-master thereof and the Guardians of the Lands Tenements and Possessions of the same School being a body Corporate and Politick as aforesaid the said A. B. did make his last Will and Testament in Writing bearing date c. and by the same his said last Will according to the license of the said Queen in that behalf granted did among other things give and bequeath to J. G. the Mannor of D. with the Appurtenances in the said County of D. for the term of 21. years paying yearly during the said term the Rent of 20 l And that the said A. B. by the same his said Will did give and bequeath the Reversion and Remainder thereof with the said Rent to the said School-master and Guardians To have and to hold the said Mannor and the said Rent and the Reversion thereof to them and their successors for ever to the intent that with the Issues and Profits thereof they should find six poor folks in S. in such manner as by him or his Executors should be appointed And that afterwards in the Term of Easter viz. On Wednesday being the third day of May in the twentieth year of the Reign of our said late Soveraign Lady Queen Eliz. It was among other things by the Right Honorable Sir N. B. Knight then Lord Keeper of the Great Seal of England and her Majesties Court of Chancery by the assent and consent of W. B. Esq Cosin and Heir to the said A. B. Patron of the said Grammar-School Ordered adjudged and Decreed That the Statutes Ordinances and Constitutions of and for the said Grammar-School and of and for the relief of certain poor people within the Parish of S. aforesaid of the foundation of the said A. B. and Dame J. his wife should be made and ordered by the appointment of E. then Bishop of Exeter or of his Successors and of A. N. then Dean of the Cathedrall Church of St. P. in E. or his Successors and of the said W. B. or his Heirs and that G. late Bishop of E. Successor to the said E. Bishop of London or A. B. of S. aforesaid Knight Cosin and Heir to the said A. B. deceased and Cosin and Heir to the said W. B. Esquire and Patron of the said Grammar-School and J. D. Dean of the said Cathedral Church of St. P. in E. by a certain Writing indented bearing date the 8. day of J. in the tenth year of the Reign of our late Soveraign Lord King James over this Realm of England An. Dom. 1612. did in performance of the said Decree make ordain publish and declare divers Statutes Ordinances and Constitutions concerning the said Grammar-School the School-master Guardians and Possessions of the same and that they the said G. Bishop of E. Sir A. B. the Heir of J. D. Dean of St. P. did in and by the said Writing indented amongst other things by vertue of the said Decree in particular make ordain publish and declare certain Ordinances and Constitutions concerning the Lands Tenements and Possessions of the said School in these words following 1. Item All Leases to be made by the said Corporation of any their Lands Tenements or Hereditaments being in the hands of any Farmer or Farmers by vertue of any old or former Lease for years shall be utterly void unlesse the same old or former Lease for years be within 14. years expiration of the said years by effluction of time at the making of the said new Lease and be surrendered within one year next after the making of the same Lease 2. Item The said Corporation shall do their best endeavour for the preservation and advancement of their Possessions Rents and Revenues without making or consenting to any disherison to be had or made to the said Corporation in any thing 3. Item The said School-master and Guardians shall not have any power to do or suffer any act to the disherison of the said Corporation without the consent of the Bishop of E. and of the Patron for the time being And that G. H. late School master of the said Grammar-School and J. W. and W. C. late Guardians of the Lands Tenements and Possessions of the same School by a certain Deed indented written in Parliament and sealed with the common Seal of the said Corporation bearing date the 10. day of J. in the second year of the Reign of his Majesty that now is did with one assent and consent Demise Grant betake and to Farm let unto one F. R. late of L. Gent. his Executors and Assignes the said Mannor of D. with the Appurtenances thereunto belonging for the term of one and twenty years to commence from the Feast day of the birth of our Lord God then last past before the date of the same Indenture of Demise at for and under the yearly Rent of 20 l of lawfull money of England And the said T. W. late School-master of the said Grammar-School Successor to the said G. H. and J. F. and G. O. Guardians of the Lands Tenements and Possessions of the same School by a certain Indenture bearing date the 8. day of N. in the 13. year of his now Majesties Reign reciting the said former Lease so made to the said F. R. as aforesaid did Demise Grant set and to Farm let unto H. J. late of P. in the said County of