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
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
the said I. S. son of T. S. deceased and S. son of T. S. I. S. son of E. S. deceased and I. B. the Elder of E. aforesaid being then Feoffees of the said Tenement Lands and Premises with the Appurtenances they the said last mentioned Feoffees did then exchange with one F. L. a certain parcel of meadow called C. parcel of the said Lands before mentioned containing by estimation two Acres and a half or thereabouts for two Acres and a half of Land called A. lying amongst other Lands that were the said B. the which two Acres and a half of Lands so taken and exchanged by the said Feoffees from the said F. L. the said Feoffees and their Assignes have quietly enjoyed ever since but whether the said Lands taken in exchange be of equal yearly value with the meadow given in exchange by the said Feoffees to the said F. L. the said Jurors know not And the said Jurors do further say upon their oathes That the said Tenement Lands and Premises with the Appurtenances that were the said I. B. have been ever since the said B. death continued in Feoffment to divers and sundry persons by several Conveyances to the use performance of the will of the said I. B. as appears by diverse Deeds unto the Jurors aforesaid in evidence therein at the time of the taking of this Inquisition and that upon view of the said evidences it appeared that divers Feoffments have been made of the said Premises by surviving Feoffees to their children and others of their alliance by which means the interest of the said Premises hath been continued in the name and blood of several families that have lived in the said Parishes and that thereby diverse Knights Esquires and Gentlemen of worth and qualitie have been left out that have been then Inhabitants of the said Parishes And the Jury aforesaid do further say upon their oathes that the said Tenement Lands and Premises with the Appurtenances are now by mean Conveyance and Assurance come unto I. S. of E. aforesaid Gent. W. C. of T. G. aforesaid Gent. A. S. of E. aforesaid Gent. and to divers other being in all about eighteen in number and that the said I. S. and A. S. and their Ancestors have been Feoffees of the said Premises ever since the year of our Lord God 1611 and that they and the other Feoffees now living claim no interest in the said Premises but as Feoffees in Trust for performance of the Will of the said I. B. and the said I. S. W. C. A. S. and divers other of the now Feoffees appearing before the said Commissioners and the said Jurors at the time and place first above mentioned and did then and there produce two Books that have been kept by them and others under whom they claim wherein are set down the Accompts of the yearly Revenues and Profits that have been made of the said Premises from the year of our Lord God 1587 and divers years before until this present And upon our view of the said books it appeareth that the Trust of the said Will hath been managed by some few of the twenty four Feoffees the residue giving an implicite consent to what such few should do both concerning the bestowing of the yearly Revenue of the said premises and of the said Woodsales as also in Election of Rent gatherers and in making up an allowance of the yearly Accompts And it did also further appear by view of the said books that the yearly Accompts therein set down are imperfect and that there are many alterations in the figures of the sums of money expended by the said Rent gatherers And that the Accompts therein specified are for the most part made by disbursments of Sums of money in the general wiith reference unto particular bills not set down in the said Books and that at one time or in two or three years together no Accompts were made by the Rent-gatherers And that the said Feoffees have failed to elect yearly new Rent-gatherers And that they have allowed unto the Tenant of the said House and Lands out of his Rent sometimes 40. s for a dinner at their meeting And that the said Feoffees and Rent-gatherers have from time to time kept monies in their hands which they have received for Rent of the said House and Lands which they call in their books of Accompts house money And divers sums of money which they have received by sale of the wood in R. W. which they call Church money And that sometimes they have expended the house mony upon the Church And sometimes the Church money upon the Highwaies and have entered their Accompts as money borrowed of the Church for the house and of the house for the Church And they have brought into Accompt divers sums of money to have been expended by them yearly upon the said Churches of E. and T. G. And the Ms. and Cs. having Certificates in writing what moneys have been expended yearly by the said Rent-gatherers in repair of the said Churches from the year 1611 until this present time and upon comparing the said Certificates with the said books of Accompt It doth appear That in some years wherein the said Rent-gatherers have set down in their Accompts to have expended moneys in the repair of the said Churches that nothing was then set down in the said Church Books to have been expended by the said Rent-gatherers in some yeares the summes of Expenses do agree with the Church-book in some years more is set down in the Rent-gatherers book to have been expended upon the said Churches then is in the said Church-book And the said Jurors do further say upon their oathes That fithence the said year 1611 until this present divers Feoffees some whereof are yet living have been at several times Rent-gatherers and Feoffees And that for the most part of that time the yearly Revenue and Rent of the said House and Lands have been about 20 l which according to their Accompts hath been expended yearly in repair of the Highwaies between M. and some three or four miles of E. and for their dinner at their meetings and by giving of 40 s or more in some yeares to several poor persons Inhabiting in the said Parishes And that in that time Woodsales have been made of the Woods growing in R. Grove And that the moneys thereupon arising have been kept in their hands these three years and they have new built the said house called S. and improved the said Tenement and Lands to be worth 26 l 13 s 4 d per annum to be letten And further the said Jurors do say upon their oathes that the yearly expenses of the said Feoffees have been by Auditors appointed by the said Commissioners in the presence of some of the said Feoffees cast and upon and by the said Auditors Certificate it appears that over and above all charges and expenses by the said Feoffees until this present time in building the said house
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
granted Demised or bequeathed unto them the said Sir W. M. Knight J. W. Clerk H. H. J. W. and E. P. and their Heirs in and by the Will of the said Sir H. L. To the end intent and purpose the said Sir H. H. W. J. B. W. W. B. and D. T. their Heirs and Assignes may be enabled to demand and receive the said yearly Rent of 40 s of and from the owners and occupiers of the said Messuage or Tenement for ever at the Feast of the Birth of our Lord God And that the same may be distributed unto and amongst the poor people of the said Parish of W. aforesaid from time to time for ever by the discretions of the said chief Inhabitants and the Parson and the Churchwardens of the said Parish for the time being for ever where most need shall be according to the true intent and meaning of the said Sir H. L. in his said Will expressed And the said T. W. E. L. N. W. J. H. W. C. D. D. and D. T. do further order adjudge and decree that as soon as any four of them the said Sir H.H. W.J. B.W. W.B. T.M. and D. T. shall depart this life that then the said two surviving Assignes of the said yearly Rent of 40 s shall by some Writing under their hands and seals in due form of Law to be made assign and set over the said yearly Rent of 40 s limited and appointed by the said Sir H. L. to and for the charitable Use above mentioned unto two other persons by them the said surviving Assignes to be nominated and their Heirs upon condition that they the said two persons so to be nominated by them the said surviving Assignes as aforesaid immediatly after the said Rent shall by such Act and Deed be vested and settled in them shall re-assigne and set over the said yearly Rent of 40 s unto them the said surviving Assignes And also to four or more other persons of the best quality then living in W. aforesaid their Heirs and Assignes for ever in Trust to and for the performance of the charitable Use above mentioned And that from time to time as often as any four of the Assignes of the said Rent shall depart this life that then the surviving Assignes of the said Rent shall make such new Assignments of the said yearly Rent of fourty shillings as are above expressed and mentioned In witnesse c. The certain and sure way of making Decrees is strictly to observe and pursue the Will and Intent of the Donor The return of the Commission to be written upon the back thereof The Execution of this Commission appeareth in severall Schedules to the same Commission annexed Four Comissioners or more A. B. C. D. E. F. G. H. Cases adjudged upon Appeales Mich. 1626. Winsor and Hilton IN the Case between Thomas Winsor Plaintiff and Robert Hilton and others of the Town of Farnham Defendants upon a Reference to the Judges out of the Chancery It was resolved by the Judges of the Kings Bench That if upon an Appeal in Chancery or Dutchy The Decree and Orders of the Commissioners for Charitable uses be confirmed The party grieved can have no bill of Review because the Appeal is in the nature of a Bill of Review and no Bill of Review doth lye after a Decree is confirmed upon a Bill of Review for then it may be infinite vexation But in such a Case the party greived may prefer his Petition in Parliament and there have his complaint examined And the Lords in Parliament may confirm alter or adnul the Decree which is to be final as it was resolved by the Judges and the Kings Councel Assistants in the House of Peeres 20. Caroli 1643. Between the poor of Eastham in Essex Plaintiffs and the Lady Kemp and others Defendants where Dandy one of the Almesmen of the Almeshouse in Eastham of the foundation of Giles Breame Esquire complained by Petition before the Lords in Parliament to have a Decree made by the Lord Coventry adnulled who by his Decree altered the Decree of the Commissioners and the said Defendants excepted that the said Decree could not be adnulled without Bill in Parliament for the reason aforesaid and upon reference to the said Judges and Councel they certified us aforesaid and then the Lords proceeded to examine the said Lord Keepers Decree and confirmed it Mich. 44. Eliz. EGerton Popham and Anderson and Cook Attorney General resolved these questions upon the said Statute 1. That the Bishop of the Diocess if there be any at the time of the sealing of the Commission ought by the expresse words of the said Statute to be named a Commissioner or otherwise the Commission is void But if he be named a Commissioner it is not requisite that he should be present at the execution of it for that none is of the Quorum but any four or more of the Commissioners named may execute the same without the presence of the Bishop or his Chancellor If the See of the Bishop be void at the sealing of the Commission then the Bishop need not to be named a Commissioner neither his Chancelor and the metropolitan shall not be named in stead of the Bishop for that he is not Bishop of the Diocess And if the Bishop be named a Commissioner and dye before the Certificate returned this doth not avoid the Commission but the other Commissioners may proceed 2. If a Lease or Conveyance be made by parties trusted with a Charitable use whereby the same is defrauded the Commissioners may Decree the same Lease and Conveyance to be void And upon such Decree the same is void in Interest and Estate And if afterwards upon an Appeal the Lord Keeper adnul the Commissioners Decree or decree the Lease or Conveyance to be good it is then revived and made good again in Interest and Estate And if such Lease or Conveyance be assigned over to any the Commissioners may Decree the assignment to be void although the first Conveyance was made fraudulently and in deceipt of the charitable use 2. If houses given to Charitable uses be suffered to be ruinous and out of repair by negligence The Commissioners may Decree That those which receive the Rents and Profits of them shall repair the same although they have otherwise expended the Rents in performance of the Charitable use and may order the houses to be ever after kept in good repair as often as need requires And if they which ought to repair the said houses be dead before the Commissioners Decree The Commissioners may order that their Heirs Executors or Administrators having Assets in Law or Equity shall repair the same 4. That the word given in the Statute extends to gifts after the Statute as well as to gifts before 5. The Commissioners cannot by their Decree make a Corporation not before incorporated and enable them to take to charitable uses as a Corporation As Church-wardens which are a Corporation in Law but to special
other person and persons now holding occupying or enjoying the same Messuages Lands Tenements and Premises before mentioned to and for the maintenance of the Charitable use before mentioned and every of them shall within one month next after notice of this Decree leave surrender and yeild up the Possession of the said Messuages Lands Tenements and Premises unto or for the Church-wardens of T. aforesaid and that the said Church-wardens shall within three months next after they shall be actually possessed of the said Lands Tenements and Premises make and execute a Feoffment of the same Lands Tenements and Premises to the use of themselves and thirteen others of the Parishioners of T. aforesaid and their heirs in such manner as by Councell learned shall be advised and directed to the end intent and purpose that the Feoffes in such Feoffment to be named and their heirs may stand and be seized of the same Lands Tenements and Premises upon trust and confidence that they and their heirs shall permit and suffer the Church-wardens of the same Parish for the time being to receive and take the Rents and Profits of the same Premises from time to time as the fame shall arise become due and payable to and for the reparation of the said Parish-Church of S. aforesaid as often and when as need shall require and that when ten or more of the said Feoffes of the Premises shall be dead or before if it shall be thought expedient the surviving Feoffes shall make a new Feoffment of the same Premises to the use of themselves and of so many more of the Parishioners of T. aforesaid as shall make it the number of fifteen And that that order and rule shall be observed in all succeeding Generations And the Commissioners aforesaid do further order adjudge decree that the Church-wardens of T. aforesaid for the time being shall upon Tuesday in the Easter week yearly give up true and perfect accounts in writing to the Feoffes of the Premises or the Major part of them in the Parish-Church of T. aforesaid of their Receits and Disbursements of touching and concerning the Rents and Profits of the Premises And if it shall upon such account appeare that any monies are remaining in their hands that then the said Church-wardens so accounting shall within one month then next following deliver and pay over the said Monies so remaining in their hands to the succeeding Church-wardens to and for the Charitable use before mentioned And forasmuch as it appeareth unto the said Commissioners that the said T. H. the Grandchild hath in his custody an ancient Deed or Writing whereby the said Messuages or Tenements and Premises were conveyed to the said A. B. and his heirs and likewise the Originall Will of the said A. B. whereby the Premises are demised limited appointed or assigned to and for the Charitable use before mentioned The said Commissioners do further order adjudge and decree that the said T. H. shall within one month after notice of this Decree deliver un-the Church-wardens of T. aforesaid for the time being the said Deed and Will and all other Deeds Evidences and Writings touching and concerning the said Messuages Tenements and Premises or any of them which now are or have been in his hands or custody or in the hands or custody of any other person or persons to his use or by his consent or delivery at any time sithence the death of the said E. H. And lastly the said Commissioners do further order adjudge and decree that the said T. H. the Grandchilde shall within one month next after notice of this Decree pay unto the Church-wardens of the said Parish-Church of T. for the time being the sum of twenty pounds of lawful mony of England for the Rents and Profits of the said Messuages Tenements and Premises by him received since the death of his said Father E. H. Which the said Church-wardens are to imploy and bestow in and about the repaire of the said Parish Church as need and occasion shall be and require In witnesse whereof the Commissioners aforesaid have hereunto set their hands and seals the day and year above written Exceptions to a Decree EXceptions taken by T. H. Gent. to a Decree made at R. in the County of D. on Tuesday the ninth day of September in the year of our Lord 1645. made by W. C. J. H. C. M. and G. M Commissioners appointed and authorized by a Commission under the great Seal of England bearing date the eighth day of February 1643. directed to the said Commissioners and to divers other persons in the County of D. grounded upon the Statute made in the three and fourtieth year of the reign of the late Queen Elizabeth Intituled An Act made to redress misimployments of Lands Goods and stocks of Money given to charitable Uses as followeth WHereas it is set forth by the said Decree that one A. B. by his Will in Writing bearing date the 17. day of January 1524. did Devise and bequeath a Messuage or Tenement with certain houses and a Garden thereunto belonging with the Appurtenances in T. in the said County of D. commonly called or known by the dame of C. to A. his Wife during her life and after her decease unto the Church of T. aforesaid in these words following Item I Will after my decease that A. my wife have my House called C. during her naturall life and she to keep up the reparations of the said House and the Lords Rent to pay and she to find four Tapers of four pound of Wax that is one before the Rude under the Rude loft and another before our Lady another before St. Thomas and one before St. Anthony Item I Will that she keep mine Obit every year during her life and to have every year three Priests and they to have eight pence a piece and two dozen of bread and a kinder kin of double Beer and two Cheeses price of twenty pence Item I Will and appoint after my decease that all and singular my Evidences and my Copies that they be delivered into the custody of the Churchwardens of the Parish of Peter and Paul of T. aforesaid Item I will that after the naturall life of A. my Wife that then my House called C. with all the Appurtenances belonging thereunto as is more plainly specified by my Deeds that it shall remain evermore unto the Church aforesaid First to keep mine Obit yearly and the four Tapers of four pounds of Wax Moreover I Will that after the decease of A. my wife that the Churchwardens do buy six pounds of Wax and make the common light and the Tapes before the Rude to the full of two pounds of Wax a piece and so to continue for evermore and the residue of the Rent to remain to the reparations of the Church aforesaid And whereas it is set forth by the said Decree that the said A. and B. and A. B. are long since dead and that T. H. Esquire deceased on or about
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
out of the Messuage or Tenement in W. aforesaid then in the Tenure of the said M. S. or his Assignes to be distributed amongst the poor people of the Parish of W. aforesaid from time to time aforesaid for ever in manner and form following viz. Item I give and bequeath unto W. M. Knight J. W. Clerk the now Parson of W. H. H. Merchant J. W. Gent. and E. P. Merchant and their Heirs for ever for the relief of the poor of the said Parish one yearly Rent of forty shillings to be issuing and payable yearly for ever out of my Messuage or Tenement in W. with the Appurtenances now in the Tenure of M. S. or his Assignes to be paid at the Feast of the Birth of our Lord God in every year and to be distributed to and amongst the poor people of the Parish of W. from time to time for ever by discretion of the chief Inhabitants and the Parson and the Churchwardens of the said Parish for the time being for ever And if it shall happen the said Rent or any part thereof to he behind or unpaid at the said Feast that then it shall be lawfull for the said W. M. J. W. H. H. J. W. and E. P. their Heirs or Assignes to enter into the said Messuage destrain for the same and for the arrearages thereof if any shall be behind and unpaid And whereas it was further found by the said Inquisition that the said H. L. in or about the Month of January in the said year of our Lord God 1619. died And that the said H. L. his Son died also in the life time of him the said H. And that the said J. L. now Sir J. L. Knight them survived and being seised of the said Messuage or Tenement with the Appurtenances amongst other things the said Sir W. M. Knight in the said Will named being one of the Devisees of the said Rent and trusted by the said Will to see the said charitable Use performed and having notice of the said charitable Use did in or about the Month of November in the year of our Lord God 1633. purchase the said Messuage or Tenement with the Appurtenances amongst other things of the said Sir J. L. and that thereupon the said Sir J. L. in or about the Month of November in the said year 1633. did surrender the said Messuage or Tenement amongst other things into the hands of the Lord of the said Mannor of W. to the use of the said W. M. Knight his Heirs and Assigns for ever And that the said Sir W. M. at a Court holden for the said Mannor the tenth day of December in the year of our Lord God 1633. was admitted Tenant to the said Messuage or Tenement with the Appurtenances accordingly And that the said W. M. Knight continued seised of the said Messuage or Tenement amongst other things untill about the Month of June last at which time he the said W. M. for a valuable consideration of money did surrender the said Messuage or Tenement with the appurtenances amongst other things into the hands of the Lord of the said Mannor of W. to the use of H. P. Esq his Heirs and Assigns for ever according to the custom of the said Mannor And that the said H. P. at a Court holden for the said Mannor on or about the one and twentieth day of June last was admitted Tenant to the said Messuage or Tenement with the Appurtenances amongst other things accordingly And that before the time that he the said H. P. was admitted Tenant to the same as aforesaid he having the summ of 1000 l or more of the said purchase money remaining in his hands unpaid had notice of the said Devise and charitable Use And lastly that the said yearly Rent of 40 s nor any part thereof hath not been as yet at any time distributed unto and among the poor people of the Parish of W. aforesaid according to the Will of the said Sir H. L. but hath remained in arrear and unpaid to the Parishoners by the Occupiers of the said Land ever since the death of the said Sir H. L. viz. for the space of these eighteen years last past contrary to the true intent and meaning of the said Will as by the said Inquisition hereunto annexed more at large it doth and may appear Now the said T. W. E. L. N. W. J. H. W. C. D. D. and D. T. for reformation of the said abuse neglect and breach of Trust do hereby order adjudge and decree in manner and form following that is to say That he the said H. P. now owner of the said Messuage or Tenement and Land charged with the said Rent his Heirs Executors Administrators and Assigns shall pay or cause to be paid unto the said J. W. and the now Churchwardens of the said Parish of W. or one of them the summ of 38 l of lawfull money of England within eight days after Proces shall be served upon the said H. P. his Heirs Executors Administrators and Assigns at or in the Parsonage House of W. aforesaid for the arrearages of the said yearly Rent or summ of 40 s limited and appointed by the said Sir H. L. in and by his said Will to be issuing and paid out of the said Messuage or Tenement with the appurtenances to the charitable use above expressed And that the said summ of 38 l shall be distributed by them the said J. W. and the said Churchwardens of the same Parish unto and amongst the poor people of W. aforesaid according to the Will of the said Sir H. L. And that the said H. P. his Heirs Executors Administrators and Assigns shall also pay unto them the said J. W. and the said Churchwardens of W. the summ of 10 l of lawfull money of England towards the charges laid out in the suing forth of the said Commission and in prosecuting of the said Inquisition and this Decree And the said T. W. c. do further order adjudge and decree that the said Sir W. M. Knight and J. W. being the surviving Devisees of the said Rent of 40 s per ann. limited and appointed to be paid out of the said Messuage or Tenement to and for the charitable Use above mentioned shall at or before the said Feast of the Annunciation of our blessed Lady the Virgin Mary next ensuing by their Deed or Writing in due form of Law to be made grant convey assigne or set over the said yearly Rent of 40 s limited and appointed by the said Will of the said Sir H. L. to be for ever paid out of the said Messuage or Tenement with the Appurtenances in W. aforesaid to and for the charitable Use before expressed unto Sir H. H. Knight W. J. Doctor in Divinity Rector of the Parish Church of W. aforesaid B. W. W. B. T. M. and D. T. Esquires their Heirs and Assigns in as large ample and beneficall manner and form to all intents and purposes whatsoever as the same is
upon Appeal the Decree was confirmed for although it be a voyd Devise by the common Law yet it is a good limitation and appointment of Land to a charitable use and it shall bind the Heir but not the Lord for his Fine This Devise was made unto the Devisors Son and Heir and his Heir upon condition that he and his Heirs should imploy the profits of the Land for the relief of Stow Market in Suffolk and after the Devisor died without a Surrender to the use of his Will In 6 Jac. the Heir having sold the Land to one Flick for valuable consideration of money sues out a Commission upon the Statute of charitable Vses by fraud and covin between him and Flick to discharge this Land of the charitable use upon which Commission it was proved before the Commissioners that Flick had any notice of this charitable use but it was proved that the Heir that sold the Land had Assets both in Law and Equity to give allowance out of his Estate to maintain this charitable use whereupon the Commissioners Decreed that the Son and Heir should grant out of his own Land the summ of five Marks and to maintain this charitable use it being then proved that the Land Devised for the charitable Use was of no great value and they further Decree that Flick should hold his Land discharged of the charitable use And this Decree being certified into the Chancery and prosecuted by the Heir and Flick with intent to discharge the Land Devised of the charitable use the Lord Keeper confirmed it Afterwards the Parishoners of Stow Market having notice of this fraud and that the Land Devised was worth 7 l 10 s per ann. they in 14. Jac. sue out another Commission upon the said Statute and before the Commissioners it was proved that Flick had notice of this charitable use before he bought the Land Secondly it was proved that the first Commission was sued out by fraud and combination between the Heir and Flick on purpose to discharge the Land Devised of this charitable use Thirdly it was proved that the Land Devised was worth 7 l 10 s per an. And fourthly that the Heir had not payd the 5 Marks Decreed by the former Commission to be payd upon all which proofs the latter Commissioners Decree Flicks Land for maintenance of the charitable use appointed and the Jury having found the former Commission to be prosecuted by fraud and combination as aforesaid they Decree that Flick shall pay the full value of his Land by the year to the charitable use from the time of his Purchase And lastly they Decree that the Heir that ought to have paid the 5 Marks per ann. for divers years and hath not paid it at any time should pay the arrerages and then his Land to be discharged from further payment of it This latter Decree being certified in the Chancery Flick took exception that the second Commission issued out illegally there having been a former Commission and Decree to discharge the Land of the charitable use which was confirmed by Decree of this Court which ought to be finall and is not to be reversed but in Parliament according to Andrew Hynstors Case before and if a Commission upon a Commission should issue out upon this Statute such multiplicity of Suits would arise as that it would prove inconvenient and multiplicity of Suits is not allowed in Law But the Lord Keeper did confirm the second Decree because of the fraud and combination between the Heir and Flick in suing out the first Commission which was found by the Jury and proved before the L. Keeper and therefore he now reversed the first Decree and confirmed this for that by the Law Fraus dolus nemini patrociniam debet but if a Decree be legally made without fraud by the Commissioners for charitable uses and upon Appeal this is confirmed in the Chancery and where a Decree is made by Commissioners for charitable uses and this Decree confirmed in Chancery if the Decree be not performed accordingly now no Commission need be sued out for upon an Affidavit made of a breach of the Decree an Attachment and other Proces of course is to issue out to compell the parties concerned to perform the Decree yet if a second Commission do issue out it is not illegall if nothing be decreed against the first Decree and upon this second Commission they are to decree by form of the first Decree if they find a breach Barnard Hides Case TRinity 4 Car. Barnard Hides Case against the Parishoners of Gillingham Darford and Sutton in Kent Katherine Banne grants by Deed a Rentseek out of 208 acres of Land for relief of the poor in those Parishes and limits this to commence after her death and gives seisin of this in her life the Rent is behind for thirty six years Hide Purchaseth the Land having notice of the charitable use and in the Grant there was a nomine poenae of 50 s if the Rent be not paid by her Heirs within fourteen days after it was due by the Grant and it was found that Hide had held the Land seven years upon a Commission for charitable uses the Commissioners Decree that Hide shall pay all the arrerages for thirty six years and also the arrerages of the nomine poenae for seven years being the time he had enjoyed the Land and Decree that the Grantor shall distrain for the Rent for ever after And the Commissioners Decree being returned in Chancery the Lord Keeper referred it to the Judges who resolved these points First that Hide should pay all the arrerages for thirty six years for that the Land is chargeable with the Rent in whose hands soever it cometh Secondly that the seisin given by the Grantor in her life is good although the Rent did not commence or was in esse at the time of the seisin given Thirdly if Land or Rent be given to a charitable use and misimployed a Purchasor which hath notice of the Gift shall not be further charged then during his own time but where the Rent is concealed a Purchasor shall answer for all the time of the concealment for the Land is a Debtor transit cum onere Fourthly if a Rent be granted out of Land to a charitable use and one buys the Land for a valuable consideration of money having no notice of the charitable Use and Rent yet the Rent remains because it is collaterall to the Land and another thing and the notice required by the Statute is to be given as well of the Land as of the charitable use Fifthly resolved that the Purchasor shall not pay the arrerages of the nomine poenae because it was a personall charge upon the Heir who ought to have paid the Rent and it doth not charge the Land Sixthly when the Heir or others charged to pay a charitable use do break the trust the Commissioners may transfer the trust unto others as to the Churchwardens or
other 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-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
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
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