The Law of charitable uses revised and much enlarged with many cases in law both antient and modern whereunto is now added the learned reading of Sr. Francis Moor, Kt. ... upon the statute of 43 Eliz. concerning charitable uses (who was a member of that Parliament when that statute was made and the penner thereof) : abridged by himself and now printed by his own original manuscript : together with the manner of proceedings in Chancery ... for relief on divers cases wherein the aid of this statute is not required ... necessary for all bishops, cathedrals, colledges, and all parishes in England for recovery and setling of charitable donations methodically digested by George Duke of the Inner Temple, Esq. Duke, George, Esq. This text is an enriched version of the TCP digital transcription A70615 of text R22614 in the English Short Title Catalog. Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 692KB of XML-encoded text transcribed from 103 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2018 A70615 Wing M2539 ESTC R22614 ocm 12571897

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 Early English books online text creation partnership. (EEBO-TCP ; phase 2, no. A70615) Transcribed from: (Early English Books Online ; image set 63482) Images scanned from microfilm: (Early English books, 1641-1700 ; 314:8 or 1747:24) The Law of charitable uses revised and much enlarged with many cases in law both antient and modern whereunto is now added the learned reading of Sr. Francis Moor, Kt. ... upon the statute of 43 Eliz. concerning charitable uses (who was a member of that Parliament when that statute was made and the penner thereof) : abridged by himself and now printed by his own original manuscript : together with the manner of proceedings in Chancery ... for relief on divers cases wherein the aid of this statute is not required ... necessary for all bishops, cathedrals, colledges, and all parishes in England for recovery and setling of charitable donations methodically digested by George Duke of the Inner Temple, Esq. Duke, George, Esq. Moore, Francis, Sir, 1558-1621. [8], 186 [i.e. 188], [10] p. Printed for Henry Twyford and are to be sold at his shop ..., London : 1676. Marginal notes. Includes index. This work appears at reel 314:8 as Wing D2504 (number cancelled in Wing 2nd ed.), and at reel 1747:24 as Wing M2539. In copy at reel 314:8, page 51 has print missing in the filmed copy. Pages 40-65 photographed from LC copy and inserted at end. Reproduction of originals in Law School Library, Yale University, and Huntington Library.

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 eng Charitable uses, trusts, and foundations -- England. Charity laws and legislation -- England. Uses (Law) -- England. Mortmain -- England. eebo The Law of charitable uses revised and much enlarged with many cases in law both antient and modern Moore, Francis, Sir, 1558-1621. 1676 206 122130 66 0 0 0 0 0 5.4 B The rate of 5.4 defects per 10,000 words puts this text in the B category of texts with fewer than 10 defects per 10,000 words. 2013-11 Keyed and coded from ProQuest page images 2014-03 Sampled and proofread 2014-03 Text and markup reviewed and edited 2015-03 Batch review (QC) and XML conversion

I do allow the Printing of this Book , Francis North , Jan. 5. 1675 / 6.

THE LAW OF Charitable Uses , Revised and much Enlarged ; With many CASES in LAW BOTH ANTIENT and MODERN : Whereunto is now added , the Learned READING OF Sr Francis Moor , Kt.

Sergeant at Law . 4 Jacobi , in the Middle Temple Hall , Upon the Statute of 43 Eliz . concerning Charitable Uses , ( who was a Member of that PARLIAMENT when that Statute was made , and the Penner thereof . ) Abridged by himself , and now Printed by his own Original Manuscript .

TOGETHER , With the manner of Proceedings in Chancery , by Information , in the name of the King's Attorney-General , for Relief , on divers Cases , wherein the Aid of this Statute is not required .

Necessary for all Bishops , Cathedrals , Colledges , and all Parishes in England , for Recovery and Setling of CHARITABLE Donations .

Methodically Digested , By GEORGE DUKE of the Inner Temple , Esq ;

London , Printed for Henry Twyford , and are to be sold at his Shop in Vine-Court , Middle Temple 1676.

To His most Sacred MAJESTY , Charles the II . By the Grace of God , King of Great Britain , France , and Ireland , Defender of the Faith , &c. May it please Your MAJESTY ,

THe BOOK now laid before Your Majesties Feet , is of such general benefit to Your Majesties Subjects , that it durst not be offer'd to any other Patronage . Your Royal Zeal for rebuilding the Renowned Church of St. PAUL ; and the now most August , and famous City of LONDON , with Your known Publick Spirit for all Works of Piety and Magnificence , makes this Collection for Pious Uses , not so much to Come , as to Rebound back to Your MAJESTY .

And since this whole Design is to Promote and Preserve Publick Benefactions , there is hope Your Majesty will Graciously pardon the humble Endeavours of

Your Majesties most Devoted , and Most Obedient Subject , GEORGE DUKE .
TO THE READER .

IF thou either love Piety or Publick Good , I have here brought thee a Book for thy purpose . 't is a Collection of the Work of many Hands , and those of the wisest , and best able to Judge . The late distractions have tempted so many to imbezel what was given to Pious Uses , that if this Book seem'd Requisite before , 't is absolutely Necessary now . And 't is so fitted , that whoever will apply it , need fear neither Craft nor Power of any Sacrilegious Hand . The way to reach them is here made plain and certain ; where thou mayst have advice both from Barr and Bench , without a Fee . The Statute it self ( of 43 Eliz . Cap. 4. ) is first prefixt ; then the exact Sense and Meaning of each Clause ( I might say , of every word ) for Relief of the Poor , whether Aged or Impotent , Maintainance for Sick , or Maimed Soldiers ; for Free-Schools , Universities , Houses of Correction ; Bridges , Ports , Havens , Causeways , Churches , Sea-Banks , and Highways ; Education and Preferment of Orphans , Marriage of poor Maids , Help of young Tradesmen , Handicraftsmen , Persons decayed , Redemption of Captives ; in brief , the whole Law of Charitable Uses , more full and plain , than ever yet was published . And I must not conceal , that the most Worthy and Learned Sir Francis Moor , Sergeant at LAW , being a Member of that Parliament of 43 Elizabeth , was particularly then Order'd , by the House , to draw up that Law for Charitable Uses ; which was no small reason , why the said Learned Gentleman , afterwards spent so much of his precious Studies in Reading upon that Statute , in the Middle-Temple-Hall ; an exact Copy whereof , you have here also publish'd , by the very Original , under his own Hand : So as now , all Commissioners and others , are fully taught their Lesson , how to rescue any Lands , Rents , Annuities , Profits , Goods , Chattels , or Money , given to Publick , or Charitable Uses ; the true and surest Method for suing out Commissions , with the best ways of proceeding thereupon , both in Law and Equity ; what Cases have been adjudged , and how , whether in Courts of Justice , Chancery , or the High Court of Parliament . And pardon me , if I say , by this my poor endeavour , I have more satisfaction ( be the Profit more or less ) than by any Book ever pass'd through my Hands ; since I safely can affirm , that as this Work is on the best Subject , and for the best End , so here is more for Charitable Uses , than ever yet came together in Print , or could have been hoped for ,

By Thy Faithful Servant , H. T. In Vine-Court in the Middle-Temple .
CHAP. I. THE STATUTE OF CHARITABLE USES .
43 Eliz . CHAP. IV . An Act to redress the mis-imployment of Lands , Goods , and Stocks of Money , heretofore given to charitable Uses .

WHereas Lands , Tenements , Rents , Annuities , Profits , Hereditaments , Goods , Chattels , Money , and Stocks of Money , have been heretofore given , limited , appointed , and assigned , as well by the Quéens most Excellent Majesty , and her most Noble Progenitors , as by sundry other well-disposed persons ; some for relief of Aged , Impotent and Poor People ; some for maintainance of Sick and maimed Soldiers and Mariners , Schools of Learning , Freé Schools , and Scholars of Vniversities ; some for repair of Bridges , Ports , Havens , Causways , Churches , Sea-banks , and High-ways ; Some for education and preferment of Orphanes ; Some for , or towards the Relief , Stock , or Maintainance for Houses of Correction ; Some for Marriages of poor Maids ; Some for Supportation , Aid , and Help of young Tradesmen , Handycrafts-men , and Persons decayed , and others for relief , or redemption of Prisoners or Captives , and for aid or ease of any poor Inhabitants concerning payment of Fifteens , setting out of Soldiers , and other Taxes ; which Lands , Tenements , Rents , Annuities , Profits , Hereditaments , Goods , Chattels , Money , and Stocks of Money ; nevertheless , have not beén imployed , according to the charitable intent of the Givers and Founders thereof , by reason of Frauds , breaches of trust , and negligence in those that should pay , deliver , and imploy the same . For redress and remedy whereof ; Be it enacted , by Authority of this present Parliament , That it shall and may be lawful , to , and for the Lord Chancellor , or Keéper of the Great Seal of England for the time being ; and for the Chancellor of the Dutchy of Lancaster for the time being , for Lands within the County Palatine of Lancaster , from time to time , to award Commissions under the Great Seal of England , or the Seal of the County Palatine , as the case shall require , into all , or any part or parts of this Realm respectively , according to their several jurisdictions , as aforesaid , to the Bishops of every several Diocess , and his Chancellor , in case there shall be any Bishop of that Diocess , at the time of awarding of the same Commissions , and to other persons of good and sound behaviour , authorizing them thereby , or any four or more of them , to enquire , as well by the Oaths of twelve men , or more of the County , as by all other good and lawful ways and means , of all and singular such Gifts , Limitations , Assignments and Appointments aforesaid , and of all the abuses , breaches of trust , negligences , mis-imployments , not imploying , concealing , defrauding , mis-converting or mis-governing of any Lands , Tenements , Rents , Annuities , Profits , Hereditaments , Goods , Chattels , Money , or Stocks of Money heretofore given , limited , appointed or assigned , or which hereafter shall be given , limited , appointed , or assigned , to , or for any the charitable and godly uses before rehearsed , and after the said Commissioners , or any four , or more of them ( upon calling the parties interessed in any such Lands , Tenements , Rents , Annuities , Profits , Hereditaments , Goods , Chattels , Money , and Stocks of Money ) shall make enquiry by the Oaths of twelve men or more of the said County ( whereunto the persons interessed shall and may have , and take their lawful challenge and challenges ) and upon such enquiry , hearing and examining thereof , set down such Orders , Iudgements and Decreés , as the said Lands , Tenements , Rents , Annuities , Profits , Goods , Chattels , Money , or Stocks of Money , may be duly and faithfully imployed , to , and for such of the charitable uses and intents before rehearsed respectively for which they were given , limited , assigned or appointed by the Donors and Founders thereof ; which Orders , Iudgements and Decrées , not being contrary , or repugnant to the Orders , Statutes , or Decrées , of the Donors or Founders , shall , by the authority of this present Parliament , stand firm and good , according to the Tenor and Purport thereof , and shall be executed accordingly , until the same shall be undone and altered by the Lord Chancellor of England , or Lord Keéper of the Great Seal of England , or the Chancellor of the County Palatine of Lancaster , respectively within their several Iurisdictions , upon complaint by any party grieved to be made to them .

Provided always , that neither this Act , nor anything therein contained , shall , in any wise , extend to any Lands , Tenements , Rents , Annuities , Profits , Goods , Chattels , Money , or Stocks of Money , given , limited , assigned , or appointed , or which shall be given , limited , appointed , or assigned to any Colledge , Hall , or House of Learning within the Vniversities of Oxford , or Cambridge , or to the Colledges of Westminster , Eaton , or Winchester , or any of them , or to any Cathedral or Collegiate-Church within this Realm .

And Provided also , That neither this Act , nor any thing therein , shall extend to any City or Town corporate , or to any the Lands or Tenements given to the uses aforesaid , within any such City or Town corporate , where there is a special Governor or Governors appointed to govern or direct such Lands , Tenements , or things disposed to any the uses aforesaid , neither to any Colledge , Hospital , or Frée-School , which have special Visitors , or Governors , or Overséers 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 by any way prejudicial or hurtful 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 béen 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 béen , or shall be given , limited or appointed 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 Decrées or Orders of Commissioners above-mentioned , for , or concerning the same his Estate or Interest ; And yet nevertheless , be it Enacted , That the said Commissioners , or any four or more of them , shall and may make Decreés 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 Decrées , for , or concerning any Mannors , Lands , Tenements or other Hereditaments assured , conveyed , granted , or come unto the Queéns Majesty , to the late King Hen . the 8. King Edw . the 6. or Queén Mary , by Act of Parliament , surrender , exchange , relinquishment , escheat , attainder , conveyance , or otherwise ; And yet , nevertheless , 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 béen 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 , proceéd to enquire quire , and to make Orders , Iudgements , and Decrées , 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 Decreés of the said Commissioners , or of any four or more of them , shall 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 several jurisdictions , within such convenient time as shall be limited in the said Commission .

And that the said Lord Chancellor , or Lord Kéeper , and the said Chancellor of the Dutchy , shall and may , within their said several jurisdictions , take such order for the due execution of all , or any of the said Iudgments , Orders , Decreés , as to either of them shall séem 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 , Iudgements , or Decrées , that then it shall and may be lawful to , and for them , or any of them , to complain in that behalf unto the said Lord Chancellor , or Lord Keéper , or to the Chancellor of the said Dutchy of Lancaster , according to their several Iurisdictons for redress therein , and that upon such complaint , the said Lord Chancellor , or Lord Kéeper , or the said Chancellor of the Dutchy may , according to their said several jurisdictions , by such course as to their wisdom shall seém méetest , the circumstances of the Case considered , procéed to the examination , hearing , and determining thereof ; and upon hearing thereof , shall and may annull , diminish , alter , or enlarge the said Orders , Iudgements , and Decrées of the said Commissioners , or any four or more of them , as to either of them in their said several 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 find to complain unto them , without just and sufficient cause , of the Orders , Iudgements , and Decrées 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 several Seals .

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 Diocess , if there be a Bishop , and other persons of good and sound behaviour . 3. In that Commission , any four of them do 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 certify . 6. Their Authority is to enquire , as well by the Oath of twelve Men or more , as by all other good ways and means .

Concerning the Jurors , or Inquest of Inquiry , these two things are to be observed .

1. The Parties interessed may have their lawful 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 , Tenements , 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 relief of Aged , and Impotent , and poor People . 2. For maintainance of sick and maimed Soldiers . 3. Schools of Learning . 4. Free-Schools . 5. Scholars in Universities . 6. Houses of Correction . 7. For repair of Bridges . 8. Of Ports and Havens . 9. Of Causways . 10. Of Churches . 11. Of Sea-banks . 12. And of High-ways . 13. For education and preferment of Orphans . 14. For Marriage of poor Maids . 15. For supportation and help of young Tradesmen . 16. Of Handicrafts-men . 17. Of persons decayed . 18. For redemption , or relief of Prisoners or Captives . 19. For ease and aid of poor Inhabitants , concerning payment of Fifteens . 20. Setting out of Soldiers . 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 mis-imployment . 5. Of not Imploying . 6. Of Concealing . 7. Of Defrauding . 8. Of Mis-converting . 9. Of Mis-government 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. not to all Goods and Chattels , Money , or Stocks of Money , given to any charitable Use aforesaid , but certain are exempted in these eight several Cases , viz.

1. Of the Colledges and Halls in either of the Universities 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 special Governor or Governors of such Lands .

6. Of any Colledge , Hospital , or Free-School which have special Visitors , or Governors , or Overseers appointed to them by the Founders .

7. Of Purchasers 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 Assetts in Law or Equity , so far as the same Assetts will extend .

8. Of Purchasers of Lands , Tenements , and Hereditaments assured , conveyed , or come to Queen Elizabeth , Quen Mary , Hen . 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 Elizabeth's Reign , been given , &c. to any of the Charitable Uses above 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 certify 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 Dutchy , shall and may , within their several jurisdictions , take such order for the due execution of all or any of the said Judgments , Decrees , and Orders so certified , as to either of them shall seem fit and convenient .

In the remedy 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 Dutchy , according to their several jurisdictions for redress thereof And this complaint is to be by Bill .

2. Upon such complaint , first , they shall respectively , by such course , as to their wisdoms shall seem meetest , the circumstances of the case considered , proceed to the hearing , examination and determining therof ; 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 Judgemen●s and Decrees so certified .

3. As shall be thought to stand with equity 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 party complaining .

COMMISSION . CHAP. II .

CHarles the II . by the Grace , &c. To the Reverend Father in God , the Lord Bishop of L. for the time being , and to our Right Trusty and Welbeloved H. Lord H. of R. And also to Our Trusty and Welbeloved Sir T. W. Baronet , Sir G. P. Knight , Chancellor to the said B. for the time being , T. M. of M. W. M. of T. W. J. of T. T. H. E. J. C. H. of B. H. M. P. C. R. O. Esquires , Gréeting : Know ye , That We , for the due execution of a certain Statute made in the High Court of Parliament , holden the seven and twentieth day of October , in the three and fortieth year of the Reign of the late Queén Elizabeth , Entituled , An Act to Redress the mis-imployment of Lands , Goods , and Stocks of Money heretofore given to Charitable Uses ; And having special Trust and Confidence in your approved Fidelities , Wisdoms , and Discretions , have authorized and appointed you to be Our Commissioners , and by these Presents do give unto you , and to any four or more of you , full power and authority to inquire , as well by the Oaths of twelve lawful men or more of our County of M. as well within Liberties as without , as by all other good and lawful ways and means , according to the purport and true meaning of the said Statute , what Lands , Tenements , Rents , Annuities , Profits , Hereditaments , Goods , Chattels , Money , or Stocks of Money , have at any time or times heretofore beén given , limited , appointed , or assigned by vs , or any of Our Progenitors , or Predecessors , or by any other well-disposed person or persons , Bodies Politick or Corporate , for the relief of aged , impotent , and poor People , maintainance of sick and maimed Soldiers or Mariners , Schools of Learning , Freé-Schools , or Schools in Vniversities , repair of Bridges , Ports , Havens , Causeways , Churches , Sea-banks , or Highways , education or preferment of Orphans , Relief , Stock , or Maintainance for Houses of Correction , Marriages of poor Maids , Supportation , Aid , or Help of young Tradesmen , Handicrafts-men , or persons decayed , Relief or Redemption of Prisoners or Captives , or Aid or Ease of any poor Inhabitants concerning payment of Fiftéens , setting out of Soldiers , or other Taxes in any Parish , Town , or Place within the said County of M. and of all and singular the abuses , misdemeanors , breaches of Trust , Negligences , Mis-imployments , not imploying , concealing , defrauding , mis-converting , or mis-government of the same Lands , Tenements , Rents , Annuities , Profits , Hereditaments , Goods , Chattels , Money , or Stocks of Money ; or any of them heretofore given , limited , appointed , or assigned , to , or for any the charitable and godly Vses before rehearsed , according to the purport and true meaning of the said Statute . And upon such Inquiry , Hearing , and Examining thereof , To set down such Orders , Iudgements , and Decreés , as the said , Lands , Tenements , Rents , Annuities , Profits , Hereditaments , Goods , Chattels , Money , or Stocks of Money , may be duly and faithfully imployed , to , and for such of the Charitable Vses and Intents before rehearsed respectively , for which they were given , limited , assigned or appointed , by the Donors and Founders thereof , according to the purport and true meaning of the said Statute . And therefore We Command you , that at certain days and places , which you , or any four or more of you , shall appoint in this behalf , ye , or any four , or more of you , do make diligent Inquiry and Inquiries upon the Premisses , and all and singular the same , and all other things appointed by the said Statute for you , or any four , or more of you , to do and execute , that ye , or four of you , at the least , perform , do , and execute , with effect , in all points , and in every respect , according to the said Statute , and according to the true intent and meaning thereof . And the same Inquisition and Inquisitions , and every of them , together with all Decrées , Iudgements , Orders , and Proceédings , which you , or any four , or more of you shall , according to the said Statute , thereupon make or set down , that you , or four , or more of you have before vs in Our Chancery with all convenient speéd , or at the furthest , in Crastino die Trinitatis next coming , under the Hands and Seals of you , or any four or more of you , and the Hands and Seals of them , by whom the said Inquisition and Inquisitions shall be made , together with this Our Commisson . And We also Command by Authority hereof , Our Sheriff of Our said County of M. that at such times , days , places , as you , or any four or more of you shall appoint to him , he shall cause to come before you , or any four or more of you , such , and as many honest and lawful men of the said County , ( as well within Liberties as without ) by whom the truth in the Premisses may best be known , to enquire of the Premisses upon their Oaths , as you , or any four or more of you shall require and command him . Willing also , and charging and commanding all and singular Our Iustices of Peace , Mayors , Sheriffs , Bayliffs , Constables , Head-burroughs , and all other Our Officers , Ministers , and Subjects to whom in this Case it shall or may appertain , to be aiding , helping , and assisting unto you , Our said Commissioners , or to any four or more of you , in the due execution of this Our Commission . As they and every of them tender Our Pleasure , and will answer the contrary at their uttermost perils : In witness whereof , We have caused these Our Letters of Commission to be Sealed with Our Great Seal . Witness Our Self .

DIRECTIONS . When a Commission is first sued out , it is good to give notice to the Churchwardens and Overseers for the Poor of Parishes , near where the Commissioners sit , after this manner : May 22 , 1610. By the Commissioners for Charitable Uses , sitting at B. in the County of C.

Camb . WHereas a Commission under the Great Seal of England , bearing date at Westminster the 10th . 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 , Money , and Stocks of Money , have been heretofore given by any well disposed person or persons , for relief of aged , impotent , and poor people , maintainance of sick and maimed Soldiers and Mariners , Schools of Learning , Free-Schools , and Scholars of Universities , repair of Bridges , Ports , Havens , Causeways , Churches , Sea-banks , and Highways , for education and preferment of Orphans ; for , or towards the Relief , Stock , or Maintainance for Houses of Correction , Marriage of poor Maids , Supportation , Aid , and help of young Tradesmen , Handicraftsmen , and persons decayed , Release , and Redemption of Captives , Aid and ease of poor Inhabitants , concerning payment of Fifteens , setting out of Soldiers , and other Taxes , and of the Abuses , breaches of Trust , Negligences , Mis-employment , not imploying , concealing , defrauding , mis-converting , and mis-government 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 Donors 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 redress thereby ; and withal , that Directions be given , that such persons as do come to the said Commissioners , for relief in the premises , do bring with them the Wills , Evidences , Charters , and Writings , whereby the Charitable Uses do appear to be given , created , limited , assigned , and appointed , and sufficient Witness to prove the Breaches of Trust , not imploying , or mis-imploying of such things as shall be so abused , not imployed , or mis-imployed , as aforesaid .

By T. W. Clerk , attending the said Commissioners .
Proceedings upon the Statute of Charitable Uses . CHAP. III .
A Warrant to call the Parties interessed in the Goods or Lands mis-imployed , to appear before the Commissioners .

Essex . ss . WHereas by a Commission under the Great Seal of England , bearing date at Westminster the 21 day of July , 1659. We whose Names are here under-written , for the due execution of a certain Statute , made in the 43 year , of the Reign of the late Queen Elizabeth , Entituled , An Act to redress the mis-imployment of Lands , Goods , and Stocks of Money , heretofore given to Charitable Uses , are ( among others ) authorized and impowred to make such Inquiry , Orders , Judgements , and Decrees , touching such priviledges 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 , relief of the Poor , and maintainance of the High-ways , and other Charitable Uses there , have been mis-governed , mis-imployed , and misconverted by you , of which they desire that enquiry and redress 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 enquiry of , and touching the matters complained of as aforesaid , on the 20 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. G.
To the Sheriff of the County of E.

Essex . BY vertue of a Commission under the Great Seal of England , bearing date at Westminster the 6th day of May instant , to us ( whose Names are here under written ) and others directed , for the due execution of a Statute , made the 43 year of the Reign of the late Queen Elizabeth , Entituled , An Act to redress the mis-imploment of Lands , Goods , and Stocks of Money , heretofore given to Charitable Uses : We do Will and Require you , That you cause to come before us , and others the said Commissioners , or any four of us , at the house of A. B. called or known by the Name or Sign of the Crown in B. in the County aforesaid , on the 10th day of June now next ensuing , by 9 of the clock in the morning of the same day , 24 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 Money , 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 mis-imployed , mis-converted , or mis-governed ; and of other the matters and things in the said Commission mentioned in that behalf , and hereof you are not to fail ; and have you there the Names of the said persons , &c.

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 met , 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 Fore-man , as followeth :

The Oath to the Fore-man 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 , maintainance of sick and maimed Soldiers , Mariners , Schools of Learning , Free-Schools , and Scholars of Universities ; Houses of Correction , repair of Bridges , Ports , Havens , Causeys , Churches , Sea-banks , and High-ways , Education , and Preferment of Orphans , Relief , Stock , or Maintainance for Houses of Correction , Marriage of poor Maids , supportation and help of young Tradesmen , Handicrafts-men , and 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 , mis-imployment , not imploying , concealing , defrauding , mis-converting , and mis-government of the same Lands Tenements , Stocks of Money , and other things given to any the Charitable Uses 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 .

CHAP. IV . INQUISITIONS .
I.

Essex . ss . 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 , Entituled , An Act to redress the mis-imployment of Lands , Goods , and Stocks of Money heretofore given to Charitable Uses . By the Oaths of , &c. honest and lawful men of the County aforesaid , who being duly returned , impanelled 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 Premisses 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 , assign , limit , and appoint , that thirty shillings of the Rent of the said Tenement and Premisses , should be yearly imployed and bestowed , in and for the relief of the poor people , for the time , and from time to time , being in W. aforesaid , for ever , and that the sum of thirty shillings per annum 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 Church-Wardens 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 sum 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 , Mind , 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 Premisses , 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 , for the space of these eight years , now last past , detained the said Gift of thirty shillings from the said Charitable Use , to , and for which the same was devised , assigned and limited , as aforesaid . And that at the Feast of &c. there was , and yet is , the sum of &c. of the said yearly payment of thirty shillings per annum so devised , limited , assigned and appointed by the said M. G. to , and for the Charitable Use , Intent , and Purpose aforesaid , behind , arrear and unpaid . In witness , &c.

II .

Essex ss . AN Inquisition indented , taken at the S. at B. in the said County , the day of &c. before J. W. W. E. &c. Gent . by vertue of a Commission under the Great Seal of England , bearing date , &c. to them and divers other persons directed , for the due execution of a Statute made in the High Court of Parliament , holden the 27 day of October , in the three and fortieth year of the Reign of the late Queen Elizabeth , Entituled , An Act to redress the mis-imployment of Lands , Goods , and Stocks of Money heretofore given to Charitable Uses , by the Oaths of J. F. R. L. &c. honest and lawful Men of the said County , who being duly returned , impanelled , and sworn according to the said Statute and Commission , do say , upon their Oaths , That one M. B. on , or about the day of &c. was seized in his Demesne , as of Fee , of , and in one Messuage , &c. And that the said M. B. being so seized of the said Messuage and Premisses aforesaid , he the said M. B. made his last Will and Testament in Writing , bearing date the day of , &c. and by the same his said Will , did , amongst other things , give , demise , and bequeath the said Messuages , called C. to A. his Wife , during her life ; and after her decease , to the Church of T. aforesaid , in these words following : Item , I give , &c. And the Jurors aforesaid do further say , upon their oaths , That one T. K. on , or about the day of &c. did enter into the said Messuages and Premisses called C. and , by himself and his under-Tenants , possessed and enjoyed the same , and took and received the Rents and Profits thereof during his life , paying only seven Nobles per ann. out of the Rents and Profits of the same , to the Church-Wardens and Parish of T. to , and for the Chaitable Use aforesaid : And the Jurors aforesaid do further say , upon their Oaths , That after the death of the said T. K. E. K. Son of the said T. K. now also deceased , entered into the said Messuages and Premisses , and , by himself and his under-Tenants , did take and receive the Rents and Profits thereof , during his life , and continued the payment of the said seven Nobles per annum for the same to the said Church , until about twelve years last past , at which time the said E K. did refuse to continue the payment of the said Seven Nobles per ann. any longer . And the Jurors aforesaid do further say upon their Oaths , that the said Messuages , so as aforesaid devised , was divers years since made , divided and converted into several Tenements . And that the said Messuage or Tenement , called C. and now commonly called by the name of the Church-House , is now , and , for divers years last past , hath been in the possession of E. C. And that the said Houses , Tenements , and Cottages in T. aforesaid , now in the Tenure or Occupation of E. P. Widow , were formerly Out-houses belonging to , and parcel of the said Messuage and Premisses , with the Appurtenances , called C. alias the Church-House . And the said Jurors do further say , upon their Oaths , That the said Messuage or Tenement , Houses and Premisses , now are , and , for these six years last past , have been of the clear yearly value of , &c. above the Moneys payable out of the Rents and Profits thereof ; to , and for the superstitious uses above-mentioned , and all other charges and reprizes . And the Jurors aforesaid , do further say , upon their Oaths , That sithence the death of the said E. K. which happened about two years since , the Rents of the Messuage , Tenement , and other the Premisses , have been claimed by T. K. Son and Heir of E. K. as belonging to him , as Son and Heir to his said Father ; and that the said Messuage , Tenement , and Premisses have been enjoyed and disposed of by him the said T. K. and his under-Tenants , and the Issues , Rents and Profits growing and arising out of the same , for these two years last past , have been received and enjoyed by the said T. K. and by him converted to his own particular use and benefit . In witness whereof , to one part of this present Inquisition , delivered by the said Jurors to the said Commissioners , and by them to be returned into the High Court of Chancery , as well the said Commissioners , as the said Jurors have set their Hands and Seals , and the other part thereof , remaining with the Foreman of the said Jurors , the said Commissioners have set their Hands and Seals , the day and year first above-written .

III .

Devon . ss . AN Inquisition , &c. By the Oaths of , &c. who being duly returned , impannelled , and sworn , according to the said Statute and Commission , say , upon their Oaths , That on or about the 10th day of J. in the twentieth year of the Reign of Henry VIII . late King of England . J. C. R. A. J. C. T. B. W. C. W. S. T. T. and T. W. as Feoffees in Trust for one J. B. sometimes of E. in the said County , Yeoman , deceased , stood joyntly seized of , and in their Demesne , as of Fee in one Messuage , with the Appurtenances , scituate and being in G. in the County aforesaid , &c. And that the said J. C. R. A. and other the aforesaid Feoffees , being so , of the said Messuage , Lands and Premisses , seized in Trust as aforesaid ; the said J B. made his last Will and Testament in Writing , bearing date the sixteenth day of A. in the said twentieth year of the Reign of the said late King H. 8. and by the same , did Will , Declare , and Appoint , that they the said J. C. R. A. and other his Trustees aforesaid , their Heirs and Assigns , and all such other person and persons as should stand seized of the said Messuage , Lands and Premisses , with the appurtenances , from time to time , of the Issues and Profits coming and growing of the said Tenement and Lands , should sufficiently repair , new build , and maintain the Houses , Edifices and Buildings of the said Tenement , as often , and when as need shall be for evermore . And further , that the said Feoffees , of the Issues and Profits coming of the said Tenement , Lands , and other the Premisses , with the Appurtenances , should do , keep and find , on the day of the moneth , that the said J. B. deceased , or within six days before , or within six days after , an yearly Obit or Aniversary within the aforesaid Parish Church of E. for the Soul of the said J. B the Souls of his Father and Mother , his Wife and Children , and all Christian Souls ; and that the Feoffees of 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 High-ways , 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 Woodsale , 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 Premisses , with the Appurtenances , should take and levy 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 levy 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 account before the residue of the said Feoffees , which shall stand seized 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 S. 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 business in that behalf , 12 d . And that such persons as were seized , and infeoffed at the making and declaring of his said Testament and last Will , of , and in the said Tenement , Lands , and other the Premisses , with the Appurtenances , should make an Estate and Feoffment of , and in the same , unto 24 honest persons , dwelling and inhabiting within the aforesaid Parishes of E. and T. G. And that the said 20 persons , and their Heirs , should stand seized and enfeoffed of , and in the said Tenement , Lands , and other the Premisses , with the Appurtenances , to the use and performance of the said Testament , and last Will of the aforesaid J. B. And at such time , and when it should fortune the said 24 persons to decease , or void the said Parishes , to the number of eight persons , so that there were not living 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 Feoffment of the said Tenement , Lands , and other the Premisses , with the Appurtenances , unto 24 honest persons , dwelling and inhabiting within the said Parishes , to have and to hold the said Tenement , Lands , and other the Premisses , with the Appurtenances , unto the said twenty four , and to their Heirs , to the use and performance of the said Testament , and last Will of the aforesaid J. 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 Re-feoffment of the said Tenement , Lands , and other the Premisses , 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 10th year of the Reign of King Henry the 8th , now shewed forth in evidence to the said Jurors , by the present Feoffees of the said Tenement and Premisses more at large it doth and may appear . And the said Jurors do further say upon their Oaths , that the said I. C. R. A. and others the Trustees aforesaid , being so seized of the said Tenement , Land , and Premisses , in Trust , as aforesaid ; They the said J. C. R. A. and other 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 Henry the VIII . convey the said Tenement , Lands and Premisses , with the Appurtenaces , unto J. A. of E. aforesaid Mercer , and J. W. of the same , Yeoman , their Heirs and Assigns , to fulfill the Will of the said J. B. And that they the said J. A. and J. W. being of the said Tenement , Lands , and Premisses , with the Appurtenances seized ; They the said J. A. and J. W. did by their Deed of Feoffment , execute by Livery and Seisin , bearing date the said 29 day of D. in the said tenth year of the Reign of the said King Henry the VIII . convey the said Tenement , Lands , and Premisses , 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 L. R. I. T. Son of the said T. T. H. A. Son of the said J. A. H. B. R. B. Son of the said H. B. w N. the younger , J. 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 J. A. W. S. J. S. Son of the said W. S. T. S. J. S. Son of the said T. S. J. W. Son of R. W. J. B. the elder , H. H. the younger , and S. Son of W. S. W. B. Son of B. B. add J. 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 premisses may appear : And the said Jurors do further say , upon their Oaths , 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 ; J. R. and J. R. Son of the said I. F. A. and R. A. Son of the said F. S. A. Son of H. A. deceased , J. W. Son of J. W. deceased , J. A. Son of J. A. of B. deceased , W. C. Son of W. C. of T. G. aforesaid , W.A. and J.A. and J. A. Son of the said W.S. A. and T. A. Sons of the said H. A. deceased , J. S. and A. S. Son of the said J. S. Son of T. S , deceased , and S. Son of T. S. J. S. Son of E. S. deceased , and J. B. the elder of E. aforesaid , being then Feoffees of the said Tenement , Lands , and Premisses , with the Appurtenances , they the said last mentioned Feoffees , did then exchange with one F. L. certain parcel of Meadow called C. parcel of the said Lands , before-mentioned , containing , by estimation , two Acres and an half , or thereabouts , for two Acres and an half , of Land called A. lying amongst other Lands , that were the said B. the which two Acres and an half of Lands so taken and exchanged by the said Feoffees , from the said F. L. the said Feoffees and their Assigns 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 Oaths , That the said Tenement , Lands , and Premisses , with the Appurtenances that were the said J. B. have been ever since the said B. death continued in Feoffment to divers and sundry persons , by several conveyances , to the use and performance of the Will of the said J. B. as appears by divers 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 Premisses by surviving Feoffees , to their Children , and others of their alliance , by which means , the interest of the said Premisses hath been continued in the name and bloud of several Families , that have lived in the said Parishes , and that thereby divers Knights , Esquires , and Gentlemen of worth and quality have been left out , that have been then Inhabitants of the said Parishes . And the Jury aforesaid do further say , upon their Oaths , that the said Tenement , Lands , and Premisses , with the Appurtenances , are now by mean Conveyance and Assurance , come unto J. S. of E. aforesaid , Gent . W. C. of T. G. aforesaid , Gent . A. S. of E. aforesaid , Gent . and to divers others , being in all , about 18 in number ; and that the said J. S. and A. S. and their Ancestors , have been Feoffees of the said Premisses , ever since the year of our Lord God , 1611. and that they , and the other Feoffees now living , claim no interest in the said Premisses , but as Feoffees in Trust for performance of the Will of the said J. B. and the said J. S. W. C. A. S. and divers others 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 Accounts of the yearly Revenues and Profits that have been made of the said Premisses , 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 24 Feoffees , the residue giving an implicite Consent to what such few should do , both concerning the bestowing of the yearly Revenue of the said Premisses , and of the said Woodsales ; as also in election of Rent-gatherers , and in making up an allowance of the yearly accounts . 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 disbursements of sums of Money in the general , with 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 Moneys 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-money upon the Church ; and sometimes the Church-money upon the High-ways ; and have entred their Accounts , 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 Book 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 years the sums 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 , than the said Church-Book . And the said Jurors , do further say , upon their Oaths , That sithence the 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 , have been expended yearly in repair of the High-ways , between M. and some 3 or 4 miles of E. and for their Dinner at their meetings , and by giving of 40 s . or more , in some years , 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 Oaths , 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 High-ways , 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 J. S. &c. the now Feoffees of the said Tenements , Lands , and Premisses , or in the hands of some of them , the sum 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 sums , divers of the Parishioners , of the said several Parishes of T. G. and E. of good ability , 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 said J. 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 Oaths , that sometimes the surviving Feoffees have suffered the interest of the said Premisses , to continue in them , until under the number of eight Feoffees were surviving , and Inhabitants of the said Parishes . And that the said last Feoffment , made of the said Premisses , by the then surviving Feoffees , divers of the said last Feoffees are since dead ; so that at this present , they are but to the number of 19 Feoffees , living , and inhabiting within the said Parishes of E. and T. G. In witness , &c.

IV .

Devon . ss . 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 Sovereign Lady Q. Elizabeth , Entituled , An Act to redress the misimployment of Lands , Goods , and Stocks of Money , heretofore given to Charitable Uses , by the Oaths of &c. good and lawful 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 personal Estate of great value : and that the said J. T. did heretofore make his last Will and Testament , bearing date the 10th 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 Executors of the said Will : And that afterwards the said J. T. did make a Codicil , which was annexed to his 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 recital , disposition , limitation , and appointment , as followeth in these words ; That is to say , And whereas I have not finished the Almes-houses by me already begun , and do intend , that eigh● poor people of the said Parish of M. shall be placed therein , when finished , and receive 50 s . apiece yearly , by quarterly payments , for their maintainance , 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 maintainance . 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 Alms-houses with all speed , out of the Surplus 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 and assure the same upon Feoffees , for the maintainance of eight poor people of M. Parish aforesaid , for ever , to be placed in the said Alms-houses 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 22 day of D. dyed . 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 Alms-Houses 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 Alms-houses 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 , setled , or assured freehold Land in Fee-simple , of the clear yearly value of 20 l. by the year , as by the said Will and Codicil is intended and appointed upon Feoffees , or Trustees , for the maintainance of eight poor people of M. aforesaid , for ever ; placed , and to be placed in the said Alms-houses , 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 Alms-houses , and now remaining there , namely , A. B. &c. their several 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 sum of 20 l. but do detain and with-hold 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 Assetts of the said J. T. in their hands ( of the Surplus 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 maintainance of eight poor people , placed , and to be placed in the said Alms-houses , in such manner as the said J. T. hath in , and by his said Will and Codicil willed , directed , limited , and appointed , In witness , &c.

CHAP. V.
DECREES .
I.

Devon . ss . AT S. in the said County , the 19 day of J. in the 11 year of the Reign of our Sovereign 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 Westminster , the eighth day of Feb. last , hath been directed , amongst others , to Sir W. R. Knight , &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 12 good and lawful men , or more , of the said County , as by other good and lawful 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 , and 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 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 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 , Entituled , An Act to redress the misimployments of Lands , Goods , and Stocks of Money , given to Charitable Uses . 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 lawful men of the said County , duely 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 5 year of the Reign of the said Queen ; and by , and according to a Grant and Licence from the said Queen , duely 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. Esquire , 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 and 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 Licence 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 twenty pound . 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 20 year of the Reign of our said late Sovereign Lady Queen Elizabeth . It was ( among other things ) by the Right Honourable 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 ; Cousin 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 Cathedral 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 , Cousin and Heir to the said A. B. deceased , and Cousin 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 Eighth day of J. in the Tenth year of the Reign of our late Soveraign Lord King James , over this Realm of England , Ann. 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 folllowing : 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 , unless the same old or former Lease for years be within fourteen years expiration of the said years , by effluxion of time at the making of the said new Lease , and be surrendred within one year next after the making of the same Lease . 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 . 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 Parchment , and sealed with the common Seal of the said Corporation , bearing date the tenth 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 Lett , unto one F. R. late of L. Gent . his Executors and Assigns , 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 Twenty pounds of lawful Money of England .

And the said T. W. late Schoolmaster 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 eighth day of N. in the thirteenth year of his now Majesties Reign , reciting the said former Lease so made to the said F. R. as aforesaid , did Demise , Grant , Sett , and to Farm Lett , unto H. J. late of P. in the said County of D. Esquire , his Executors and Assigns , all that the aforesaid Mannor of D. with the Appurtenances , together with all the Lands , &c. thereunto belonging ; to have and to hold the said Mannor and Premisses to the said H. J. his Executots , Administrators and Assigns , from the end and expiration of the said first-mentioned Indenture of Lease ; That is to say , from the Feast of the birth of our Lord God , which shall be in the year of our Lord God , 1642. unto the end and term of one and twenty years from thenceforth , next and immediately ensuing , and fully to be compleat and ended , for and under the yearly Rent of 50 l. of lawful Money of England : and that the same last mentioned Lease or Demise , was allowed of by P. L. and Dame E. B. his Wife , as Patrons of the same School : And that the said old or former Lease made and granted of the said Mannor of D. and Premisses , with the Appurtenances by the said J. H. precedent School-master , and the said T. C. J. W. and W. C. to the said F. R. as aforesaid , was not within fourteen years of expiration of the years thereby granted by effluction of time at the making of the said new Lease by the said T. C. J. W. and G. G. to the said H. J. as aforesaid , neither was the same old or former Lease so made and granted to the said F. R. by the said J. H. and J. B. as aforesaid , surrendred or otherwise avoided within one year next after the making of the said new Lease to the said H. J. nor at any time sithence . And that the said Mannor of D. yet is , and at the time of the making of the said Lease to the said H. J. was worth sixty pounds of lawful Money of England , per ann. And that the said T. C. is dead , and that T. O. Presbyter , is now School-Master of the same Grammar-School of the said A. B. Esquire in D. aforesaid . And that neither the said A. B. nor J. his Wife made any direction , otherwise than as aforesaid , touching the Issues and Profits of the said Mannor , as by the Inquisition hereunto annexed , relation being thereunto had , more at large it doth and may appear . Now forasmuch as it appeareth by the Inquisition before recited ; That by the Statutes , Ordinances and Constitutions concerning the Grammar-School before-mentioned , and the Lands , Tenements , and Possessions thereof : All Leases made by the said Corporation of any their Lands , Tenements , or Hereditaments , being in the hands of any Farmer or Farmers , by vertue of any old or former Lease for years , shall be utterly void , unless the same old or former Lease for years be within fourteen years of expiration of the said years by effluction of time , at the making of the said new Lease , and be surrendred within one year next after the making of the same Lease : And for that it appeareth likewise by the said Inquisition ; That the old or former Lease therein mentioned to be made and granted of the Mannor of D. before-mentioned by the said J. H. J. F. and G. O. to the aforesaid R. F. as aforesaid , was not within fourteen years of expiration of the years thereby granted by effluction of time , at the making of the said new Lease by the said T. C. J. W. G. G. to the said J. H. as aforesaid And that the same old or former Lease so made and granted to the same R. F. by the said J. H. and J. F. and G. O. as aforesaid was not surrendred , nor otherwise avoided within one year next after the making of the said new Lease to the said R. F. or ever at any time since : And for that it appeareth , and therefore the making of the said new Lease was a breach of Trust in the said Schoolmaster and Guardians : Further also it appeareth by the said Inquisition , That the said Mannor and Premisses so demised and granted to the said H. J. as aforesaid , at the Rent of Fifty pounds per ann , is worth Sixty pounds per ann. to be Lett ; therefore , and and for other the matters and things in the said Inquisition appearing , the said Sir W. R. &c. being six of the Commissioners named and authorized in , and by the said Commission , upon full hearing and debating of the matter by the Council , Learned in the Laws , appearing before the said Commissioners , as well on the behalf of T. J. Son of the said H. J. who claimeth an interest in the said Mannor of D. for divers years yet to come , under colour of the Lease before-mentioned , made by the said J. H. J. B. and G. O. to the said H. J. as aforesaid , do , by vertue of the said Statute and Commission , order , adjudge , and decree , That the said Lease made and granted by the said J. A. J. B. and G. O. to the said H. J. was made contrary to the intent of the Donor of the said Lands , and contrary to the Ordinances and Constitutions appointed for , and concerning the said School , and the Lands , Tenements , and Possessions thereof , and is not warranted by all or any of them , but was and is an abuse and misgovernment of the said Mannor and Lands , and a breach of Trust in the said T. O. School-Maste of the said Grammar-School , J. B. and G. O. Guardians of the Lands , Tenements , and Possessions of the said School , and is a great and apparent prejudice and hinderance to the due and faithful imployment of the Profits of the same , according to the intent of the Donor , and a defrauding of a Charitable Use within the said Statute , and that the sa●d Lease and the said Mannor and Lands , and the Indenture of Demise for the passing of the same to the said F. R. is , and from henceforth shall be , utterly void and of none effect ; and the said Commissioners do further order , adjudge , and decree , That the said T. O. Schoolmaster , and the Guardians of the Lands , Tenements , and Possessions of the same School , for the time being , shall and may Demise , Grant , and to Farm Lett , the said Mannor of D. in such manner as by the same Ordinances and Constitutions concerning the said School , Schoolmaster , and the Lands , Tenements , and Possessions thereof , is limited , declared , ordained , and appointed ; the said Lease so made of the same Mannor and Lands to F. R. aforesaid notwithstanding : And they the said Commissioners do further order , adjudge , and decree , That the said T. R. Esquire , Son of the said F. R. shall , within one month after notice of this Decree , deliver the Indenture of the said Lease made unto the said F. R. of the said Mannor and Premisses as aforesaid , to the said T. O. or his Successors , and Guardians of the Lands , Tenements , and Possessions of the same School , for the time being , to be cancelled ; and shall likewise , within that time , pay unto the said T. O. the sum of 10 l. of lawful Money of England , for his Charges and Expenses , in suing out the said Commission , and in the prosecution of the said Inquisition and this Decree , Witness , &c.

II .

ss . AT R. within the said County of , 〈◇〉 on Tuesday the ninth day of September , in the one and twentieth 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. An. Dom . 1645. Whereas a Commission under the Great Seal of England , bearing 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 four or more of them , to enquire by the Oaths of twelve good and lawful Men , or more of the County , as by all other good and lawful ways and means , of all and singular Lands , Tenements , Rents , Annuities , Profits , Hereditaments , 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 , 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 , Judgements and Decrees , as that the same Lands , Tenements , Rents , Annuities , Profits , Goods , Chattels , Money , and Stocks of Money 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 Founders thereof , according to a Statute made in the 43 year of the Reign of the late Queen Elizabeth . Entituled , An Act made to redress the mis-imployments of Lands , Goods , and Stocks of Money heretofore given to Charitable Uses : And whereas the said W. C. J. H. C. M. and G. M. being four 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 lawful men of the said County ; That one A. B. as in and by the said Inquisition 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 Council , touching the Premisses ; and being of opinion , that the Gift of the said Messuage , Tenements , and Premisses , by the said A. B. in manner and form aforesaid , is a good Gift , Limitation , Appointment , and Assignment of the same Messuage , Tenements and Premisses , 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 only part of the Issues and Revenues of the said Tenements and Premisses , were appointed by the said Will , to be bestowed to the maintainance of the Superstitious Uses , doth not amount to above twenty shillings per ann. at the most ; And for that it doth not appear unto the said Commissioners , That any part of the Rents and Tenements , and Premisses , Profits of the same , were at any time , within five years before the first day of the Parliament begun , the fourth day of November 1547. and in the first year of the Reign of King Edward the sixth , late King of England , imployed , paid , or bestowed to the maintainance 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 Feoffees ought to be appointed successively , and the said House and Premisses were to be conveyed unto them , for the more legal and faithful 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 Premisses , 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 Grandchild , T. C. J. C. and all and every other person and persons now holding , occupying , or enjoying the same Messuages , Lands , Tenements , and Premisses before-mentioned , to and for the maintainance of the Charitable Use before-mentioned , and every of them , shall , within one month next after notice of this Decree , leave , surrender , and yield up the possession of the said Messuages , Lands , Tenements , and Premisses , unto , or for the Churchwardens of T. aforesaid ; and that the said Churchwardens shall , within three months next after they shall be actually possessed of the said Lands , Tenements , and Premisses , make and execute a Feoffment of the same Lands , Tenements , and Premisses , to the use of themselves , and thirteen others of the Parishioners of T. aforesaid , and their Heirs in such manner , as by Counsel Learned shall be advised and directed , to the end , intent and purpose , that the Feoffees in such Feoffment to be named , and their Heirs , may stand and be seized of the same Lands , Tenements , and Premisses , upon Trust and Confidence , that they and their Heirs , shall permit and suffer the Churchwardens of the same Parish , for the time being , to receive , and take the Rents and Profits of the same Premisses from time to time , as the same 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 Feoffees of the Premisses shall be dead ( or before , if it shall be thought expedient ) the surviving Feoffees , shall make a new Feoffment of the same Premisses , 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 , and 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 Feoffees of the Premisses , or the major part of them , in the Parish-Church of T. aforesaid , of their Receipts and Disbursements of , touching , and concerning the Rents and Profits of the Premisses ; And if it shall , upon such account , appear that any Moneys are remaining in their hands , that then the said Churchwardens 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 antient Deed or Writing , whereby the said Messuages or Tenements , and Premisses were conveyed to the said A. B. and his Heirs , and likewise the original Will of the said A. B. whereby the Premisses 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 moneth after notice of this Decree , deliver unto 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 Premisses , 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 Grandchild , 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 Money of England , for the Rents and Profits of the said Messuages , Tenements , and Premisses by him received , since the death of his said Father E. H. which the said Churc wardens are to imploy and bestow in and about the repair of the said Parish-Church , as need and occasion shall be and require , In Witness whereof , the Commissioners aforesaid , have hereunto set their Hands and Seals , the day and year above-written .

III .

Essex . AT L. S. in the County of E. aforesaid , the last day of M. in the year of our Lord Christ 1659. Whereas , by an Inquisition taken at L. S. aforesaid , the 24 day of this instant M. before W. C. Serjeant at Law , R. S. Esquire , &c. By vertue of a Commission under the Great Seal 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 year of the Reign of the late Queen E. Entituled , 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 lawful Men of the County aforesaid ; It is found , and doth appear , 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 Coppy of Court-Roll , according to the custom 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 Council , 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 relief of the poor people of W. aforesaid : And also the sum of 10 l. more for damages for the detaining of the said money , and for the Costs and Charges of the Parishioners of W. 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 W. C. R. S. &c. do further order , adjudge , and decree , that the said R. B. her Heirs and Assigns , Owners and Proprietors of the Tenement and Premisses aforesaid , all and every other person and persons whatsoever , claiming by , from , or under the said M. W. 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 year ) pay unto the Churchwardens of the Parish of W. 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 W. aforesaid , according to the true direction , appointment , intent and meaning of the said M. G. the Donor thereof , In Witness whereof , &c.

IV .

Essex . AT E. in the said County , upon the twentieth day of November , in the Fourteenth 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 , by an Inquisition indented , taken at E. aforesaid , the 21 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 Highness 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 43 year of the Reign of the late Q. Elizabeth , 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 40 s . to be issuing and payable yearly , for ever , out of the Messuage or Tenement in W. aforesaid , then in the Te●●re of the said M. S. or his Assigns , 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. Kt. 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 40 s . 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 Assigns , 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 Church-Wardens of the said Parish for the time , being for ever . And if it shall happen the said Rent , or any part thereof to be behind or unpaid at the said Feast , that then it shall be lawful for the said W. M. J. W. H. H. J. W. and E. P. their Heirs or Assigns , to enter into the said Messuage , distrain 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 moneth 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. Kt. them survived , and being seized of the said Messuage or Tenement , with the Appurtenances ; amongst other things , the said Sir W. M. Kt. 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 1933. 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. Kt. his Heirs and Assigns for ever ; and that the said Sir W. M. at a Court holden for the said Mannor the 10 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. Kt. continued seized of the said Messuage or Tenement , amongst other things , until 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. Esquire , 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 21 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 sum 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 Parishioners , by the Occupyers of the said Land , ever since the death of the said Sir H. L. viz. for the space of these 18 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 sum of 38 l. of lawful Money of England , within 8 days after Process shall be served upon the said H. P. his Heirs , Executors , Administrators , and Assigns , at , or in the said Parsonage House of W. aforesaid , for the Arrearages of the said yearly Rent , or sum 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 sum 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 sum of 10 l. of lawful 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 Forty shillings per annum , 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 , assign , or set over the said 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 beneficial manner and form , to all intents and purposes whatsoever , as the same is granted , demised , or bequeathed unto them the said Sir W. M. Kt. J. W. Clerk , H. H. J. W. and E. P. and their Heirs , in and by the Willl 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 Assigns , may be enabled to demand and receive the said yearly Rent of Forty shillings , of and from the Owners and Ocupiers 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 said 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 Assigns 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 Assigns to be nominated , and their Heirs , upon condition , that they the said two persons so to be nominated by them the said surviving Assigns , as aforesaid , immediately after the said Rent shall by such Act and Deed be vested and setled in them , shall re-assign and set over the said yearly Rent of 40 s . unto them the said surviving Assigns : And also to four or more other persons of the best quality then living in W. aforesaid , their Heirs and Assigns 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 Assigns of the said Rent shall depart this life , that then the surviving Assigns of the said Rent , shall make such new Assignments , of the said yearly Rent of 40 s . as are above expressed and mentioned . In witness , &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 several Schedules to the same Commission annexed .

Four Commissioners or more ; A. B. C. D. E. F. G. H.
DECREES .
5 Caroli primi Rotulo primo .

TWenty pounds per annum given to a Schoolmaster and Usher ( viz. ) 13. l. 6 s . 8 d . to the Schoolmaster , and 6 l. 13 s . 4 d . to the Usher . And decreed , That the Schoolmaster should have the whole 20 l.

Eodem Rotulo . Chipping Sudbury in Com . Glouc .

Glouc . THe Prosecutors Charges were allowed out of the Money decreed , and the surplusage above the Uses , particularly appointed by the Donor , were decreed by the then Lord Keeper , to be disposed of to other Charitable Uses .

Rippon and Thornton . Rotulo predicto .

Ebor . A Decree made by Commissioners for Charitable Uses for Lands given to a Minister for Reading Divine Service confirmed by the then Lord Keeper .

Barnstaple , in Com . Devon . Rotulo primo .

Devon . THe Lord Keeper enlarged a Decree made by Commissioners of Charitable Uses , whereby 85 l. only was decreed , and his Lordship made it up 170 l. and Decreed accordingly .

Elmeley Lovett in Com . Sussex .

LAnds given by several persons to a Parish , Sussex . for the use of the Poor , repair of the Church , and other Charitable Uses , to be done in the Parish , Decreed and Confirmed .

Brattlington in Sussex .

AN inscription upon the Donors Tombstone , Sussex . declaring the Donors Gift to a Charitable Use , was found in haec verba . And a Decree thereupon accordingly ; and is a very good president .

Mich . 2. C. 1. John Crouch against the Citizens of Worcester .

THomas Wild gave Lands to the Bayliff , Aldermen , Worcest . and Citizens of Worcester , to erect a School , Decree by Commissioners . which they did accordingly ; Crouch obtained a Lease of some part of the School-Land , from the Governors of the School : One Closer got another Lease of other Lands ; and others got other Leases of other Lands ; and by Inquisition , the said Leases were found ; and that the Lessees had acquired much above the Rents reserved ; and that the said Leases were made at under values , and for too long Terms . And the Commissioners Decreed all those Leases void , and to be delivered up ; and the then Lord Keeper confirmed the Decree . Confirmed .

3 Jac . Croucher against the Citizens of

IT appeared to Commissioners ( inter alia . ) That two Meadows , in the Tenure of Elizabeth Brown , Decree by Commissioners . and a Meadow in the Tenure of John Croucher , were long since , by certain persons , owners thereof , Given , Limited , and Appointed to repair a Bridge and Causeway , repair a Church , and relieve Poor ; and that these Meadows , with a Tenement , &c. were worth 8 l. per annum . And that Thomas Brown , who in 4 , and 5. P. and M. obtained the interest of a Lease thereof , in 5 H. 8. for 61 years , did get of the Feoffees of the Premisses , a Lease for 99 years of the Premisses , and 34 s . Rent , and 4 l. Fine . And that the Rent did not repair the Bridge and Lane , and so no benefit was like to come to the Church or Poor . Whereupon 3 Jac . Commissioners Decree with the consent of Croucher , and upon an Inquisition , That from that Decree , for the residue of the 99 years , the Rent should be increased , ( viz. ) Elizabeth Brown should pay 53 s . per ann. and Croucher 5 s . in all 58 s . per ann. and so the Lease for 99 years should stand .

His Majesties Attorney-General , by Information , Plaintiff ; Townsend & alios , Defendants .

RIchard Risley Seized in Fee of a Farm in V. in the County of H. 20 Sept. 1 Mariae , Demises the same to J. R. for 96 years paying to him during his life , 7 l. per ann. and after his decease , 6 s . 10 s . per ann , viz. 3 l. 10 s . to the Master and Fellows of Christs Colledge in Camb . for the maintainance of a poor Scholar there ; 40 s . to the Minister , Constable , and Churchwardens of S. and 20 l. per ann. to the Overseers of the Poor of B. for the relief of the Poor . R. R. conveyed the Inheritance to Trustees , upon Trust , That after the expiration of the Lease of 96 years , they should apply all the Rents , &c. for the relief of a poor Scholar in Christs Colledge , and the relief of the Poor of S. and B. The Lease ended in 1649. The Scholar and Poor had only 6 l. 10 s . per ann. till about 1670 , And

Upon an Information in Chancery by His Majesties then Attorney-General , at the Relation of the Master and Fellows of the said Colledge . It was Decreed , That the whole 30 l. per ann. should be paid to the Scholar and Poor , according to their several proportions of the 6 l. 10 s . per ann.

Note . Where the Devisor gives all the Estate , or the Surplusage of his Estate to the Poor , there the proper way to have the same applyed to Charitable Uses , is by Information in Chancery .

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 43 year of the Reign of the late Queen Elizabeth ; Entituled , An Act made to redress mis-imployments 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 name 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 natural 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 pounds 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 Kinderkin 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 natural 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 Taper before the Rude , to the full of two pounds of Wax apiece , 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 the six and twentieth day of January , in the thirtieth year of the Reign of the late Queen Elizabeth , did enter into the said Messuage and Premisses , called C. and was possessed thereof , and during his life , took the Rents and Profits thereof , paying only five Nobles per ann. out of the Rents and Profits of the same Messuage and Premisses , to the Churchwardens and Church of T. to the Charitable Use aforesaid ; and that E. H. Esquire , deceased , Son of the said T. also entred upon the Premisses , and paid the five Nobles a year as abovesaid , until about twelve years last past , at which time the said E. H. refused to pay it ; and that the same Premisses is now divided into several Tenements ; and that since the death of the said E. H. who died about two years before the Decree : the said Exceptant , T. H. Son and Heir of the said E. H. came to the said Messuage and Premisses , called C. as Son and Heir to the said E. H. And the said Commissioners have ordered , That the said Exceptant T. H. and his Tenants , should surrender and yield up the Possession of the said Messuage and Premisses , unto the Churchwardens of T. aforesaid , and to deliver up the Deeds and Evidences of the same Premisses , and to pay unto the said Churchwardens , the sum of Twenty pounds , to be imployed for the repairs of the said Church . Unto which Decree this Exceptant , T. H. doth except , and conceives , and is advised by his Counsel , That he is not , nor ought to be bound by the said Decree and Order , made by the said Commissioners as aforesaid , for the Causes and Reasons hereafter following .

And first , For that it appeareth by antient Deed of Feoffment , bearing date the two and twentieth day of June , in the tenth year of the Reign of the late King Henry the VIII . that one J. K. and J. his wife , W. F. W. T. J. S. and R. M. did grant and confirm unto the before-named A. B. R. F. R. F. and J. R. to the use of the said A. B. and his Heirs and Assigns for ever , all that the Messuage , with the Buildings , Gardens , and Appurtenances , called C. scituate , lying , and being in T. in the County of D. between , &c. as by the said Deed of Feoffment ready to be produced , may appear : Which said last mentioned Messuage and Premisses , called C. is not the Messuage , Lands and Premisses in the occupation of this Exceptant and his Tenants , and which are charged and decreed to the Charitable Use by the said Commissioners , as aforesaid : For this Exceptant saith , That the aforesaid Messuage or Tenement , called C. so conveyed by the last mentioned Deed of Feoffment to A. B. as aforesaid , was held of the Mannor of G. in the said County of D. by Fealty , Suit of Court , and the yearly Rent of two shillings eight pence per ann. as by the Surveys and Records of the said Mannor may appear ; which said Messuage and Premisses , afterwards came to be the Inheritance of one R , E. and was then called by the name of C. otherwise E. Hall . And this Exceptant further saith , That the said R. E. being seized in Fee of the said Messuage and Premisses , did upon , or about the twelfth day of November , in the eighth year of the Reign of the late Queen Elizabeth , acknowledge a Statute of one hundred and fifty pounds unto one T. O. for the payment of the sum of one hundred and sixteen pounds , at a day shortly after , which was not paid ; which Statute was extended about the tenth day of April , in the fourteenth year of the Reign of the said late Queen Elizabeth , upon the said Messuage and Premisses , which was afterwards assigned over unto T. H. this Exceptant's Grandfather , upon , or about the five and twentieth day of January , in the 14 year of the Reign of the said late Queen Elizabeth . And it appeareth by the said Extent , that the said R. E. had sold the said Messuage and Premisses , unto one S. F. and his Heirs by Deed , bearing date , upon , or about the 20 day of June , in the twentieth year of the Reign of the said late Queen Elizabeth : And this Exceptant saith , That the said T. H. this Exceptant's Grandfather , having the said Premisses so in Extent , and the same being but of small value , and the Money that was owing thereupon , being more worth then the said Messuage and Premisses , he did by his Deed , bearing date upon , or about the five and twentieth day of January , in the thirteenth year of the Reign of the late Queen Elizabeth , grant to several Trustees , one Annuity or yearly Rent of Forty six shillings eight pence , to be issuing and going out of the said Messuage , called C. to be imployed for the repairs of the Parish Church of T. aforesaid , which said sum of Forty six shillings and eight pence , is the seven Nobles mentioned in the said Decree . And this Exceptant saith , That when the said Extent is ended , the Inheritance of the said Messuage and Premisses will come unto T. F. Son and Heir of S. F. deceased , as by an Office , after the decease of the said S. F. found at L. the three and twentieth day of November , in the four and fortieth year of the Reign of the late Queen Elizabeth may appear : which said Messuage and Premisses last before-mentioned , if any at all , ought only to be charged with the said Charitable Use , and none other .

The second Exception .

And secondly , this Exceptant saith , That the Messuage and Premisses in the Decree , mentioned to be in this Exceptant's Occupation , and the other Messuages and Premisses therein mentioned , to be in the occupation of him , this Exceptant and his Tenants , are not the Messuages and Lands given to the said Charitable Use , nor ought not to be charged therewith ; for this Exceptant saith , That the late King Edward the VI . by his Letters Patents under the Great Seal of England , bearing date the tenth day of April , in the third year of his Reign , did amongst other things , give and grant unto one R. W. and W. P. and their Heirs , all that his Messuage or Tenement called C. and all Lands , Meadows , Pastures , Feedings , and Hereditaments whatsoever thereunto belonging , then , or late in the Occupation of N. P. to hold of the said King , as of his Mannor of C. in the County of D. in Fee-Socage , and not in Capite , for all Rents , Services and Demands whatsoever . And this Exceptant saith , That the said Messuage , called C. alias E. Hall , charged and given to the said Charitable Use , is held of the said Mannor of G. by Fealty , Suit of Court , and the yearly Rent of Two shillings and eight pence , as is herein before-mentioned , and therefore the same is differenced , and plainly distinguished from the said Messuage and Premisses called C. in the possession of this Exceptant and his Tenants . And this Exceptant further saith , That afterwards , that is to say , the nine and twentieth day of April , in the third year of the Reign of the said late King Edward the VI . the said R. W. and W. P. did , by Deed of Feoffment , and by other Conveyances and Assurance in the Law , Convey and Assure the aforesaid last mentioned Messuage , called C. ( amongst other things ) to W. C. and J. W. and their Heirs , and afterwards G. C. Son and Heir of the said W. C. who had the said last mentioned Messuage , called C. by Survivorship , did by his Indenture of Bargain and Sale , inrolled in Chancery , dated the thirteenth day of October , in the twelfth year of the late Queen Elizabeth , bargain , and sell the said last mentioned Messuage , called C. amongst other things , to W. L. and his Heirs , and afterwards the said W. did , by his Deed indented , inrolled in Chancery , dated the tenth of July , in the thirteenth year of the Reign of the late Queen Elizabeth , Convey , and Assure the said last mentioned Messuage , called C. unto T. H. and his Heirs , which said T. H. was Grandfather of this Exceptant , and the same is by descent , and other good Conveyance and Assurance in the Law , lawfully vested , and come unto this Exceptant , and he now is lawfully seized thereof , and ought to hold and enjoy the same , free from the said Charitable Use .

The third Exception .

And thirdly , This Exceptant saith , that the said T. H. his Grandfather , at the time of his purchase of the said last mentioned Messuage , called C. had no notice of the said Charitable Use , and if the said Messuage were charged , or chargeable therewith , or liable thereunto , as in truth it is not , yet ought the same not to be charged therewith ; For that by the said Statute made in the 43 year of the Reign of the late Queen Elizabeth , made for Charitable Uses , it is provided and ordained , That no Lands , Tenements , or Hereditaments , given or appointed to any Charitable Uses , shall be impeached by any Decrees or Orders of Commissioners for Charitable Uses , the Purchasors having no notice of the said Charitable Uses .

The fourth Exception .

And fourthly , this Exceptant saith , That if it were true , as in truth it is not , that the said last mentioned Messuages , called C. were charged , or chargeable with the said Charitable Use ; yet ought not the said Order or Decree , made by the said Commissioners , any ways to impeach or charge the said Messuage or Premisses , with the said Charitable Use , or any ways to deprive this Exceptant thereof ; for that by the said Statute , made in the 43 year of the Reign of the late Queen Elizabeth . It is Enacted , that the said Act for Charitable Uses shall not extend to give Power and Authority to any Commissioners for Charitable Uses , to make any Order , Judgement , or Decrees , for , or concerning any Mannors , Lands , Tenements , or other Hereditaments , Assured , Conveyed , Granted , or come unto the Queens Majesty , the late King Henry the VIII . King Edward the VI . or Queen Mary , by Act of Parliament , Surrender , Exchange , Relinquishment , Escheat , Attainder , Conveyance , or otherwise . And forasmuch as it appeareth , that the said Messuage and Premisses last before-mentioned , called C. was by the said late King Edward the VI . by his Letters , Patents , dated the 8 day of April , in the third year of his Reign , Granted ( amongst other things ) unto the said R. W. and W. P. and their Heirs , as is herein before-mentioned : And therefore , if the same had been any ways given to the said Charitable Use , as in truth it was not , yet ought the same now to be free from the same , by force and vertue of the said Act of Parliament .

The fifth Exception .

And fifthly , This Exceptant saith , That the said Commission , grounded upon the said Statute , to the said Commissioners directed , in pursuance whereof , they made their Decree , is not returned into this Honourable Court , into the Office of the Petty-Bag , as it ought to be ; for all which Causes , this Exceptant doth humbly pray the said Order and Decree may be reversed and made void , and his said Messuage and Premisses may be freed from the same ; And that this Exceptant may be dismissed with his reasonable Costs and Charges in this behalf wrongfully sustained .

Answers to Exceptions .
The Answer of J. L. and S. W. Churchwardens of G. T. in the County of D. Respondents to the Exceptions of T. H. Gent . by him taken , to the Decree in the said Exceptions mentioned .

WHereas the said Exceptant doth Except to , and against the said Decree , for that the Messuage or Tenement , called C. given by the Will of A. B. therein named , to the Charitable Use therein specified , are not the Messuage , Tenement and Lands in the Occupation of the said Exceptant and his Tenants , and which are charged and decreed to the said Charitable Use : And also , for that the Exceptants Grandfather T. H. therein named , had at the time of his purchase of the Premisses , in the occupation of him and his Tenants , no notice of the said Charitable Use ; and that the said Premisses were heretofore conveyed by Letters Patents , from King Edward the VI . And lastly , for that the Commission , directed to the Commissioners in the said Decree named , wherein they made the said Decree , was not returned into this Court , at the time of the said Exception , unto which Exceptions , these Respondents saving unto themselves , all advantages of Exception , to the incertainties and insufficiencies thereof , say , That they are upon the matter , strangers to the matters , set forth by the said Exceptions , having not lived very long in the Parish , and being no otherwise concerned , then as Churchwardens thereof ; and it cannot be presumed , they should know the Facts and Titles alledged by the said Exceptions of their own knowledge . But they say , that the said Exceptant was several times summoned and heard before the Commissioners that made the said Decree , and the Jury by them impannelled ; And he brought his Learned Counsel with him , who urged before the said Jury and Commissioners , who were Learned in the Law , and good and honest Men , before their Verdict given , or Decree made , the substance and matter of the said Exception , and whatever could be alledged against the Decreeing of the Premisses , and the same Decree was made upon a full hearing of both sides . And one of the main points insisted on before the said Jury and Commissioners , was the matter of the aforesaid first two Exceptions , whether the Premisses decreed to be charged with the Charitable Use , were the Messuage , Tenement , and Lands given by the said Will , yea or no , it being a proper issue for a Jury of parcel , or no parcel , the same Premisses in the occupation of the Exceptant , were after a full and deliberate hearing and evidence on both sides , found by the said Jury to be the same Tenements and Lands , devised by the said Will . And the matter of the said two next Exceptions , Whether the said Exceptants Grandfather had notice of the Charitable Use before , or at his Purchase of the Premisses , or that the Premisses were in the Crown , yea , or no , being also proper for a Jury , were likewise upon the like Evidence then given , found by the said Jury for the said Parish , against the Exceptant . And these Respondents verily believe , the said Exceptant cannot but be satisfied with the said Verdict and Decree , and doth trouble these Respondents and the said Parish , onely to drive them to some composition , or low terms of agreement : And in particular , these Respondents say , That they doubt not to make it appear by several particulars , and parcels of Evidences and Pleadings , and Proofs in several Courts , ( if this Honourable Court should now think fit to put them thereunto , after the said Deliberation and Verdict ) that the Premisses charged with the said Charitable Use , are the same that were charged and devised by the said Will , and that the Purchasor ( if he was one ) had , and could not but have , and take notice before , and at the time of his Purchase : And likewise say , That the said King Edward the VI . or his Father , Henry the VIII . Queeen Mary , or Queen Elizabeth , or either of them , were not at any time seized , or intituled to be seized of the Premisses , or any part thereof ; and if the said King Edw . the VI . made such Grant as aforesaid , the same was not of these self-same Premisses , but of other Tenements ; and if it were , the said King had no Seisin , or Inheritance of , or in the said Lands , or right , so to grant the same , nor doth the said Grant , if any such be , prejudice the Charitable Use , as the Respondents are advised . And these Respondents further say , That they are informed , the said Commission is returned into this Court , and there remain of Record : Wherefore these Respondents humbly pray the said Decree may stand ratified and confirmed , and the said Decree and Charitable Use may be performed , and these Respondents discharged with their Costs in this behalf , most wrongfully sustained .

Answers and Exception to Decrees .
17 Jacobi . William Blomefield , and the Inhabitants of Stowe-Market .

Sussex . The Case . WIlliam Seamour seized in Fee of divers Messuages , &c. in Stowe-Market , by his Deed , dated the tenth of October , 10 H. 8. did Enfeoffe Margaret Stowe , and divers others of the Premisses , to the use of the said Margaret , for life ; and after to perform her Will : and M●rgaret by her Will , dated the first of July 1523. did give several of her Lands to the use of the Priests Service , in the Church of St. Peter in Stowe-Market , to pray for her Soul , and the Souls of her Husbands and others , for 99 years and the Lands to be sold by her Co-Feoffees , and the one half of the Money to go to the making of the High-way , between Stowe and Ipswich ; and the other to be divided , one part to a Priest , to say Prayers in the said Church of S. Peter , for her Soul , and the Souls of the afore-rehearsed ; and the other , for the reparation of the said Church , Margaret dyed , and the 99 years by the Statute of Chauntreys , came to King Edw . the VI . who granted the residue of the 99 years , to Edward Warner . The 99 years expired the sixth of July 1622. and 17 Jacobi , the Lands were worth 40 l. per ann. de claro . In 17 Jacobi , the Lease being unexpired , and all the Feoffees dead , and no Feoffment renewed ; one William Blomefield claimed the Reversion , as Cozen , and next Heir of Margaret , and endeavoured to obtain the term of 99 years ; And the Jury found , that the claim and endeavour of Blomefield , was , and would be , to the defrauding and defeating of the said Charitable Use , and intents of the Donor . That the Occupiers of the Land had done great waste , and that John Keeble was Heir to the Feoffee , John Keeble , and Robert Symonds were Heirs of the Feoffee Richard Symonds , and that either John Keeble or Robert Symonds , the Feoffees , was survivor of the Co-Feoffees , and were ready to execute the Charitable Use .

Exceptions , Blomefield excepted against the proceedings , and said , There ought to be no Inquiry or Decree , until the 99 years were expired . ( 2 ) That by the words of the Will , the Lands could not be sold till the 99 years ended , if any were then being , that had authority to sell them . ( 3 ) That no sale could be ever made , because none of the Co-Feoffees were living . ( 4 ) That if sale were to be made , or any act to be done in time , according to the Will , yet all the Lands in the Will ought not at any time to be sold or imployed to the said Charitable Uses , for that all were not given for the said Charitable Uses .

The Commissioners disallowed the Exceptions , and found them to be a design to get the possession , and to keep the Land , notwithstanding he had notice of the Charitable Uses ; and the Commissioners considering , that it was not necessary to see the Lands for that the same were of such yearly value , as that the Moyety would maintain the Highways , and the one halfe of the other Moyety , would serve for the maintainance of a Clerk , to Sing , and Celebrate Divine Service in the Church aforesaid , and the rest would suffice to repair the Church ; The Commissioners thereupon Decree , That the said Blomefield , and all claiming under him , and Keeble and Symonds should execute such reasonable Conveyance of the Premisses to John Howe and Richard Draper , &c. as should be reasonably devised : And that after the expiration of the Lease , the now Feoffees and their Heirs , should imploy the Premisses as aforesaid . And that now Feoffees should be made , &c. To this 〈◇〉 Blomfield put in Exceptions ( 1 ) That the Feoffees were all dead , and none enabled to make sale , according to the Will . ( 2 ) That the Commissioners decreed the Heir of Margaret , to assure to the Uses mentioned in the Decree , which were contrary to the Will , and not warranted by the Statute . ( 3 ) That because there was not , nor could be , any mis-imployment before the end of 99 years , nor before a mis-imployment , the Decree was not in force to bind any part ( 4 ) That if William Blomfield did , at the end of the Lease , sell the Lands , and imploy the same as the Will directed , then there was no misimployment , or cause of a Decree against him , and so the Decree was void ( 5 ) That whereas Blomfield was decreed to assure all the Lands expressed in Firbushers Deed , to the Persons and Uses in the Decree expressed ; The Exceptant saith , That divers Land in Firbushers Deed , were not devised , and sets out the particulars , some being Freehold , and some Copyhold ; and that he was admitted to the Copyhold , as Cozen and Heir of Margaret , and recovered by several Tryals .

The Respondents answer , ( 1 ) That the Decree was good against the Exceptant , for that all the Co-Feoffees were dead , and had neglected the Trust in making a new Feoffment . ( 2 ) That the Exceptant being Heir of Margaret , ought by the Statute , to be decreed , to assure the Lands to the Uses and Persons , expressed in the Decree , and was well warranted by the Statute , and tended to the execution of the said Will and 〈◇〉 and true intent of the said Margaret , which otherwise should be wholly defeated . ( 3 ) And that if the Exceptant should have the Land , as Heir , the Charitable Uses should be defrauded . ( 4 ) That the Waste and Spoil in pulling down of Houses , digging the Ground , and cutting down of Trees , whereby the Land was impaired , and the practises of the Exceptant , utterly to defeat the Charity , were misimployments , abuses , and offences within the Letter of the Statute , and provided against by the said Statute . ( 5 ) That the supposition of the Exceptants selling the Land at the end of the Lease , to perform the Will , was such a supposal , as could not overthrow the Decree . And if he were so well minded , yet the Wastes and Spoils were mis-imployments within the Statute , and good cause of the Decree , presently before the Term was ended ; and averr the Land to be the same devised .

To which the Exceptant replyed , That the Decree as to the part decreed , to maintain the Clerk , was repugnant to the Will , and void , and the service in the Will could not be performed , and so a fourth part would come to him . ( 2 ) That the Lands were divers years holden by Patentees , who claimed under the Will , and the Trials of no force .

Upon hearing the whole matter , the Lord Keeper was of opinion , That the Feoffees had no power given them by the Donor to sell Lands . ( 2 ) That certain Lands Decreed , were not in the Devise . ( 3 ) That the Commissioners had altered and changed the Use ; but for setling of which it was decreed , That the Profits of all the Lands ( except as therein is excepted ) should for ever be disposed in manner following , viz. One halfe to the High-ways , one Movety of the other halfe to the repair of the Church , the other Use , given to sing for the Soul of Margaret , &c. to be divided , one halfe to the poor of Stowe , the other to the poor of Little 〈◇〉 where the 〈◇〉 inhabited . And that Blomfield should make a Feoffment . And a Commission was ordered to the Commissioners to divide the Lands , and take several Feoffments to the several Uses . And the Lands were divided , and sett out , and several Feoffments thereof made accordingly .

Michael . 22 Jacobi . Rowe , against the Poor of the Alms-house in Tavistock , in Com . Devon .

JOhn Fitz obtained a Lease of divers Messuages and Lands , from the Lazermen of the Almshouse in Tavistock , in the County of Devon , Devon . for 100 years , at 5 Nobles per ann. John Fitz makes a Lease thereof in Anno , 1619. for 60 years .

Commissioners for Charitable Uses decree , That the present Governors should enter and hold the Lands , and should Lett them but for seven years at the Rack-Rent . And that Rowe should pay 50 l. for the mean Profits by him received .

P. 22 Jac . The Lord Keeper upon hearing the Exceptions , orders , That Rowe should surrender his Lease , and take a new Lease for twenty one years , at 4 l. per ann. which was 46 s . 8 d . increase of Rent , per ann.

5 Car . Prim . Rot . 1. The Town of Northampton .

LAnds given to a Charitable Use , lying among the Exceptants Lands , were decreed to be sett out by the Exceptant , by a day , which he not doing , a Commission was awarded , to sett out so much of the Exceptants Lands for the Charitable Use , as the Lands originally given to the Poor , which was done accordingly .

Termino Trin . 17 Jac . 1619. The poor of Yervel , in Com . Somerset against Francis Sutton , and others .

THe King , by his Letters Patents , 9 Nov. 17. Edw . 4. gave Licence to John Woborne and Richard Levett , Chaplains , that they in the Honour of the Holy Martyrs St. George and St. Christopher , The Case . should found one Alms-house of one Custos , for two Wardens , and twelve poor people at Yervel , in the County of Somerset . And that the said Custos , Wardens , and poor People , and their Successors , might Purchase , Procure , and Receive Lands , Tenements , Rents , and other Possessions , to the value of 10 Marks yearly , for ever . 18 Edw . 4. 18 Edw . 4. Woborne and R. Levett founded an Alms-house , and 14 Junii 18 Edw . 4. by Writing , Indented , Confirmed , to the Custos , Wardens , and poor people by name , 128 Acres of Land in Makeford , and other places in the County of Dorset , called Garland . The King 25 Nov. 18 Edw . 4. 25 Nov. 18 Edw . 4. gave Licence to John Woborne , that he might give 128. Acres , &c. And to Thomas Bartlet and others , that they might give to the said Custos , &c. fourteen Messuages , and twenty Acres of Land in Yervel , &c. which were not immediately holden of the King . And it was found by Inquisition , 1619. taken upon the Statute of Charitable Uses ; that some of latter years having had the custody and disposing of the said Lands and Tenements , had misimployed them , contrary to the Trust in them reposed , viz. J. H. being Custos of the said Alms-house , with the Wardens and poor People of the said House , then being , by their Deed , dated 20 September 〈◇〉 did Demise to W. a Close , &c. for forty one years , for forty shillings Fine , and twenty three shillings per ann. Rent ; and that that Close was well worth a Fine of ten pounds , above the Rent . And that the said Custos , Wardens , and poor people , 20 April , 30 Eliz . did Demise to J. M. a Tenement and Close , &c. for sixty years , and ten shillings Rent ; and also that they did Demise part of the said Lands to J. H. for sixty years , for forty shillings Fine , and fourteen shillings per ann. Rent , the Premisses being deemed then , to be well worth a Fine of 10 l. That they demised a Messuage also for sixty years , and thirty shillings Rent , which Premisses were well worth a Fine of five pound . And divers other Leases were found , which were worth more Fine and Rent than was paid : And that the Custos took the Fine , and the Wardens and poor people were only called to the sealing of the Deeds ; and it was also found , That some of them that bought , as of those that sold the Premisses aforesaid , knew the Lands were given to Charitable Uses . Whereupon the Commissioners decree , Com . Decree . That all the parties that had broken the Trust reposed in them , and defrauded the Uses by Lease &c. should pay the poor people , which had received prejudice thereby , a full recompence ,

Ecceptions . 1. To which Decree , Francis Sutton made these Exceptions . ( 1 ) That the Commissioners did not give warning , nor call the said parties to the Inquiry , whereby they could not have their lawful challenges .

2. That the said Alms-house and Lands given , were within the Town of Tervel , which was an antient Town Corporate . And that by the first Proviso in the Act , it is expresly limited , That that Act , nor any thing therein contained , shall not extend to any such Land .

3. That there are special Governors appointed to govern and direct the Lands and Tenements , given to the said Alms-house , namely , a Custos and two Wardens , by the express words of the Donors or Founders of the said Alms-house , and so by special Proviso , the same are excepted in the same Act of Parliament .

4. That it appeared by the Inquisition it self , That such Grants or Leases as are supposed to be made for too small a Fine , and for too large a Term , are either void or voidable by the Ordinance of the said House , or else the benefit thereof did redound , and ought to come to the Lessees Use . And the Lessors or Governors made no benefit thereof , And therefore if any Decree , or Order should have been made , it should have been made against the Lessees , who had notice of the Trust , and not against the Lessors or Governors .

5. That Francis Sutton is only Executor unto the said John Hacker , the late Custos , and so no way within the Statute .

The poor Peoples Answer .

1. THat the Commissioners did call the parties interessed , according to the form of the Statute .

2. That the Alms-house and Lands , or the greatst part of them , are not within the Town of Yervel ; neither is the said Town , a Town-Corporate , within the Proviso of that Statute .

3. That there are no special Governor or Governors within the said Town , within the meaning of the Proviso of the said Statute , appointed to govern or direct the Lands , Tenements , and things disposed of , to the Uses aforesaid , neither are the Custos and two Wardens of themselves , or by themselVes , appointed to Govern or direct the Lands , Tenements and things to the uses aforesaid , within the words or meaning of the Proviso of the said Statute .

4. That the Lessors and Governors , and not the Lessees ought to be charged , as by the said Order and Decree they are charged .

5. That Francis Sutton ought to be charged , as in the said Order and Decree he is charged , both by the words , and also by the meaning of the said Statute , and prayed execution upon the Order , &c.

Upon hearing of the Cause , 25 April 16 Jacobi the Defendants Counsel only opened two of the Exceptions , because they were upon matter of Law . ( 1 ) One was , That by Law , the Hospital being within a Market-Town , and having a Custos and Wardens , special Governors , the said Hospital was not within the said Statute . ( 2 ) The other , for that the Decree did not charge the Defendants for Letting the Lands belonging to the Hospital of Yervel , not at the highest rate , and did not charge them with fraud , but only with letting at an under-value . And forasmuch as the farmer of the said points in Law , was such as might strike at the root of the said Statute , if the same might have been admitted ; the Lord Chancellor thought not fit to give much way thereunto But touching the latter , his Lordship conceiving , That if the under valuations were not great , nor done upon fraud , it was not meet to question the Defendants for the same ; but in case there were negligence in Letting at , and undervalue the recompence as to be made by the Tenants , and not by them that made the Leases .

The Defendants Counsel alledging , That the Leases made of the Lands , were made but as the Tenants might live thereby , and according to the custom of the Countrey , and upon as great Fines and Rents , as had ever before been given for the same Lands .

The Plaintiffs Counsel alledging , That the Leases were made by the Lessors , at a far undervalue to their Children and Friends , by practise and fraud . It was referred to Sir John Bennet to consider , whether the Leases were made , according to the custom of the Countrey ; and whether the Leases were made to the Children and Friends of those that made them .

But afterwards , upon the Plaintiffs Petition , Commissions awarded to Masters in Chancery . his Lordship ordered a Commission to the B●shop of Bath and Wells , and to Doctor Hussey , one of the Masters in Chancery , who ( inter all ) found that the Leases were made 14 years before the Statute of 43 Eliz . And to end all differences , the Commissioners Resolved .

1. That the Terr-Tenants , and William Grobham , Masters Report . whose Predecessors , Custos of the said Alms-house negligence , was inexcusable , should pay 10 l. to the poor of the Alms-house .

2. That for a fuller amends unto the poor people , the Tenants who had taken Lease for longer terms , than the Statute made for Hospitals doth permit , ●hould surrender the same , and take new Leases for such tearms , as the Statute doth allow .

3. That for those Leases , the Tenants should have their Rents improved , or pay such reasonable Fines , as might make best for the Poor , and not be unreasonably burdensome to the Tenants .

4. That for preventing of future abuses , concerning the said Hospital the Bishop and Mr. Hussey thought fit ( inter alia ) that from thenceforth they should Lett no Leases for longer terms than the Charter of their Foundation and the Laws of the Land have prescribed , Decree . which being certified by the said Commissioners , the Lord Chancellor confirmed the same .

Termino Pasch . 16 Caroli secundi , Robert Wright and the School of Newport-Pond in Essex .

The Case . JOyce Francklands Widow , seized in Fee of a portion of Tythes in Bansted in Surrey , This Case is printed in Mr. Hearns Book , but not the Exceptions , &c. by her last Will , dated 20 Feb. 1586. devises the same then in Lease , for divers years to come , at 7 l. per ann. to five persons , and their Heirs , to the intent , that they and their Heirs and Assigns , should yearly , for ever , imploy , and bestow the yearly Rents , Issues , and Profits thereof ( inter alia ) to the erecting , maintaining , and finding of a Free Grammar School in Newport in Essex , of a competent number of Scholars , of the Children of the Inhabitants there ; if there were but one Master , he should have 20 l. per ann. And if a Master and Usher , then the Master 20 Nobles , and the Usher 20 Nobles , and appoints the Master of Gonvyel , and Caius Colledge in Cambridge , Governor .

1 Nov. 41 Eliz . Joyce dyed seized , the Devisees received the Rents , and erected a School-house , 1599. 27 Nov. Jac . The Case . and devised the same portion of Tythes to Richard Wright for 36 years , at 7 l. per ann. The Devisees in consideration of the Surrender of that Lease , and of 40 l. disbursed by Richard Le Wright in Suits at Law , 16 Apr. 22 Car . 1. 1646. brought against him for the Premisses , demised the said Tythes to Richard Le Wright , from Michaelmas then last , for 50 years , at 7 l. per ann. Rich . Le Wright made Robert Le Wright his Executor , and dyed , 1634. Robert enjoyed the Tythes during the residue of the term of 50 years , and the Tythes from Richards death , until 1650. were worth 43 l. per ann. above the Rent . And afterward , the surviving Trustees , demise the Tythes to Edward Nightingale , after the determination of the Lease of 50 years , for 21 year , at 10 l. per ann. Edward Nightingale for 150 l. sold that Lease to Robert Le Wright ; and from Michaelmas , 1650. until Michaelmas 1660. at which time , the Lease of 50 yea●s ended , the Tythes were worth 60 l. per ann. above the Rent .

26 Nov. 14 Car . 2. These things being found by Inquisition , Commissioners upon the Statute for Charitable Uses did decree , That the concurrent Lease , made in 1646 , at the Rent of 10 l. per ann. was made contrary to the intent of the Donor , Commissioners Decree . and was a misimployment of the same Tythes , and a defrauding the Charitable Use within the said Statute . And that the same Lease , and the Assignment thereof to Robert Le wright , and all mean Assignments of the same , should from thenceforth be utterly void , and of none effect . And that the Feoffees should Lett the same Tythes at the true value , and that no Lease should be afterwards made for above 21 years in possession .

Robert Le Wright put in Exceptions Exceptions . to the Decree , ( 1 ) That the Commissioners had not power to make void the Lease in Reversion made to R. Nightingale by the Feoffees , who had the Fee and Inheritance of the Tythes . ( 2 ) Nor to decree a greater Rent to be reserved upon any new Lease than was reserved at the making of the Will . ( 3 ) Nor to decree an increase of the Rents against him , but rather against the Feoffees that broke the Trust . And that R. Le Wright had assigned to one Andrews , for a valuable consideration , viz. 150 l.

But the Lord Chancellor , Decreed . upon full hearing of the said Exceptions , confirmed the Decree .

Higgins and the Poor of Southampton . 13 April , 1636. Car . 1.

NAthaniel Mill , by his last Will in Writing , The Case . devised several sums of Money , in all amounting to 41 l. to be paid out of the Mannor of Wolfton , to the Mayor , and the three Senior Aldermen of Southampton yearly , for putting out Apprentices , Relief of aged persons , &c.

Commissioners upon the Statute of Charitable Uses , Com . Decree . decree the Money .

The Exceptant being owner of that Mannor , Exceptions . complained of the Decree , for that the said Mannor was holden in Capite , and so the said Will was void , as to a third part thereof . And upon hearing before the Lord Chancellor , Bridgeman , Com . Decree confirmed . assisted by Mr. Justice Wild , and Mr. Baron Wyndham , the Decree was confirmed to all the three parts .

Trin . 21. Car . Regis 2. Christopher Meek Exceptant , James Hyde , Dr. in Physick , on behalfe of the Chancellor , Masters and Scholars of Magdalen Hall . in the University of Oxon , Respondents .

JOhn Meek , Clerk , The Case . seized in Fee of divers Messuages and Lands in East Smithfield , in St. Katherines , and Aldgate , in Middlesex , by his last Will in writing , dated in Nov. 1665. did give 100 l. per ann. for ever , to ten poor Scholars , to be chosen out of the Free-School of Worcester , and placed and educated in Magdalen Hall in Oxon , to wit , to each of them 10 l. and what his Lands should fall short of 100 l. per ann. should be supplyed out of his personal Estate by his Executors . And if the Rents should increase , then more Scholars should be elected , &c. and have 10 l. per ann. apiece ; and 14 Feb. 1665 he dyed , seized of Lands , of the value of 84 l. per ann. This Will was suppressed , and a Nuncupative Will set on foot by one Magwick , and pendente lite , Letters of Administration were granted to Dr. Hyde , Principal of Magdalen Hall and Syndick of the University of Oxon , and the Nuncupative Will was afterwards set aside ; and one John Meek was Heir at Law , and refused to convey the Lands , according to the written will , and no Rent was paid , but lay in the Tenants hands . And Dr. Hyde , as Administrator , had received 100 l. which Matters were proved by Witnesses , Com . Decree . and found by Inquisition . And further , That the Lands and Tenements ought to be setled on the Chancellor , Masters , and Scholars of Magdalen Hall , in the University of Oxford . Whereupon , Commissioners , by vertue of the Statue for Charitable Uses , being of opinion , that the written Will was not revoked , or made void , though concealed , did decree , That the Chancellor , Masters , and Scholars of the University of Oxford , and their Successors , should , for ever , then after stand seized of the said Lands and Tenements , and should receive the Rents , and pay them over to Magdalen Hall , to the Uses in the Will . And that the Heir should be for ever , excluded and debarred ; that Dr. Hyde should out of the Money in his hands , lay out 320 l. in the purchase of so much Land , as would make the Lands , whereof Mr. Meeke dyed seized , 100 l. per ann. and 41 to make up the Arrears of the 100 l. per ann. for three years . And that the Lands to be purchased , should be setled as the other Lands were . And that the Tenants should pay the remaining Rents in their hands , to the University , for the purposes aforesaid , and should deliver the possession of the Lands to the University ; and that Leases should be made for 21 years in possession ; and that the Will should be performed .

To which Decree , Christopher Meeke put in Exceptions Exceptions . ( 1 ) That the Decree was Felo de se , for that the Inquisition found , That he was Heir to John Meeke , and that he made a Will , but did not find , that ever any such Will was produced , or was ever seen after the death of John Meeke , and so the Decree was grounded upon the imaginations of Jurors , and fancies of Commissioners , without ground , for Omne Testamentum morte consummatum est , so no Will till after his death , and if any , annihilatory and revokeable , in articulo mortis , and of no effect , and was not his Will in propriety of Speech , or legal understanding till his death . ( 2 ) That John Meeke made no such Will , but dyed intestate , and the Lands descended to the Exceptant . ( 3 ) That no Evidence was given to the Jurors , but Depositions taken in the Prerogative Court , which was no Evidence at Law or Equity . ( 4 ) That the Jurors did not find that John Meeke dyed seized in Fee , and so nothing could pass by the pretended Will . ( 5 ) That the Decree was grounded upon a void and insignificant Inquisition . ( 6 ) That the Commissioners have determined a Right , and set up an Estate in a Corporation , no way at all concerned , mentioned , or intended by John Meeke in the pretended Will , viz. The Chancelor , &c. and they to stand seized to the use of a Hall , being no Corporation , or body Politique , capable in Law or Equity , to receive the Lands , without any respect of any Right , or Foundership , or Visitation , which at least , ought to have been reserved and saved to the Exceptant , as Heir at Law , and others of his Bloud ought to have been preferred in the Elections , and the Commissioners had for ever barr'd his Heirs of all demand , in case of breach of Trust in the University . ( 7 ) They ought not to have decreed the 320 l. to purchase Lands , &c.

To which the Respondents answer ( 1 ) That the Inquisition and Decree were well warranted By the Statute . ( 2 ) That in the Inquisition , sufficient matter did appear of Truth , Fact and Right , whereby the Commissioners might barr the Exceptant , although the Will was not produced , nor proved , to be seen after his death . ( 3 ) That it was proved to the Jurors , that John Meeke made such a Will in Writing , as in the Inquisition is mentioned ; and that John Meeke , a little before his death , declared , That he had not altered , nor would alter that Will . ( 4 ) And that Jonathan Magwick did imbezle the Will ; and the Exceptant did say , That his Uncle did tell him , that he had made his Will , and had given his Land to Magdalen Hall , for the maintainance of poor Scholars , and had promised to settle the Lands accordingly ; and divers other answers were given to the Exceptions . And on the 26 of June , 21 Car . 2. Regis , the Matter was heard before the late Lord Keeper Bridgeman , and his Lordship having heard the Exceptions and Answers , and what was alleadged on either side , Decree confirmed . his Lordship being fully satisfied , that there was such a Will made by the Testator , and the Decree made thereon , saw no cause to reverse the Decree , and therefore confirmed the same .

Hill . 12. Car . 1. Blackston and the Hospital of Hemsworth .

Robert Holgate , late Archbishop of York , by his Will , The Case . dated 27 Aprilis 1555. did Devise to Sir William Peters , &c. whom he made Executor of his Will , and their Heirs , divers Houses and Lands in Yorkshire , to the intent to erect an Hospital in Hemsworth , for one Master , and 20 Brethren and Sisters , to continue for ever . And directed an allowance to each of them , being about the then value of the Lands ; and authorized his Executors to sell his Goods , and divers of his Lands ; and that the Executors should keep no Goods or Profits , besides ( their charges ) in their hands , but bestow the same to the Glory of God , and the health of his Soul . The surviving Executors proved the Will , and became seized , and 17 Martii 3 and 4. P and N. Renting a License to erect the said Hospital , ordered a common Seal , &c. setled 100 Marks per ann. upon the Master and Brethren , the Lands being worth 500 l. per ann. The Executor sold the Lands , reserving only 100 Marks per ann. to the Hospital . Bill in Chancery . 11 Jacobi , The Vicar and Churchwardens of Hemsworth , exhibited a Bill in Chancery , against such as had the Lands , and upon the Hearing , Sir Edward Philips , Master of the Rolls , increased the 100 Marks per ann. to 100 l. declaring , that he did not conceive , that the Defendants Fines , with Proclamations , barred the Charity . Afterwards the Master , Brethren , and Sisters of the Hospital , conceiving the former Bill to be exhibited by practise , exhibited their Bill against the Possessors of the Land ; and did set forth , That the Lands were given to the Hospital , and that in breach of Trust , the Lands had been conveyed away in Fee-Farm , reserving upon all , but too Marks per ann. to the Hospital .

The Defendants , answered , and set forth their Titles , and claimed , the Lands , some by Descents , and others by Conveyances and Fines , for valuable Considerations .

The Lord Elsmore , and the Judges declared , that there had been an apparent breach of Trust , and that the Hospital had been abused , by being kept from what by the Donor was meant unto them , viz. the Land it self , and not only a dry Rent , being appointed by the Donor , for the good and benefit of the Hospital . Neither did his Lordship conceive , That the Fines , with Proclamations , ought to be a barr to the said Charitable Use . And that all the Purchasors claiming under the Trust , which was broken , and there being a violent presumption , that they had notice of the Trusts , as well , for that they that sold the said Lands , could not make any Title , but by the Will of the said Arch-bishop ; as also for that they did all pay Rents to the said Hospital , And in 12 Caroli primi . This Matter came again in question , before the Lord Keeper Coventry , who directed a Commission to be awarded upon the Statute of Charitable Uses . The Commissioners made a Decree for the whole Lands , to which , Exceptions were put in by one Brigg , who claimed , under a Purchase , made by one Mr. Wymarke , who pretending the Crown was entituled to the Lands , had attained a Patent thereof from Queen Elizabeth , as concealed Lands .

24 Jan. 12. Car . 1. and 4 Feb. 12 Car . 1. The Lord Keeper , assisted by Judge Hutton , Judge Jones , and Judge Berkley ( no colour of proof being offered , that the same were concealed Lands as his Lordship 〈◇〉 but only the Patent it self ) His Lordship did see no cause to give allowance to the Patent , to overthrow a Charitable Use . And his Lordship having perused the Evidences , confirmed the Decree , as to all but some Chantry Lands in the Patent , which were not the Arch-Bishops . And that the Hospital should hold the Lands for ever ; but because the Exceptant had laid out much Money in Building , upon the Hospital-Lands , he should have a Lease for one and twenty years , at one hundred and twenty pound per ann. being above fifty pound per ann. increase , of what had been formerly paid to the Hospital , the Lands being above one hundred and fifty pound per ann. above the old Rent of seventy pound per annum . reserved to the Hospital , and so would be worth a hundred and thirty pounds to the Lessees , above the Rent which they should pay for it , and a Lease was made accordingly .

Afterwards one Blackston put in new Exceptions Exceptions . to the said Decree ; to which the Hospital pleaded the former proceedings . And in October 15 Car . 2. the Matter was heard before the Lord Chancellor Clarenden , and Mr. Justice Tirrel , and the Plea allowed . Plea allowe●

And 18 June , 15 Car . 2. it was ordered , 18 June , 15 C. 2. That the Exceptant , who had much of the Lands , should accompt for his proportion of the Rent of one hundred and twenty pounds per ann. reserved upon the Lease , directed by the Lord Coventry , Order thereupon . during the Terme , and since it expired , till Whitsuntide before . Proposed . It was proposed , That the Exceptant Blackston , being a great sufferer for His Majesty , in the late Wars , might renew his Lease upon reasonable terms , which was referred to the Arch-Bishop of York .

The Lord Chancellor having advised with the then Lord Chief Justice , and Lord Chief Baron , upon the merits of the cause , 17 July , 166. 2. and a Master's Report , touching the Arrears , declared , That he did not see any cause to recede from the former Decree of the Commissioners , nor the Lord Coventrye's Confirmation , L. Chancellors Decree . in 12 Car . primi . And that he could not absolve the Exceptant , from the two hundred and twenty pounds , certified by the Master , but decreed the payment thereof , and ratified the Lord Keeper Coventrye's Confirmation . Former Decrees confirmed . And that the Hospital should enjoy the Lands ; but a Lease should be made to the Exceptant , for the Fine and Rent . formerly proposed by the Arch-Bishop , with the consent of the Hospital , &c.

Veneris , 19 Jan. 19 Car . 2. in Canc . Inter Will . Rooks & Edw . Potter , ex parte istius partis Paroch . Sancti Egidii , extra Cripplegate , jacent . intra London , Exceptantes , & Richardum D 〈◇〉 ton , ex parte istius partis ejusdem Paroch . jacent . in Com . Midd . Respondentes .

THe Matter upon the Exceptions , put in by the Exceptants to a Decree made in this Cause by the Commissioners , The Case . Criplegate , London . upon the Statute of Charitable Uses , coming this present day to be heard and debated before the Right Honourable the Lord Keeper of the Great Seal of England , in the presence of the Counsel , Learned , on both sides . The substance of the Matter , upon which the said Decree is grounded , being , That one Mary Chambers , by her last Will in Writing , 7 June 1654. did devise unto the Churchwardens , and Overseers for the Poor of the Parish of St. Gilis without Cripplegate , London , the sum of 100 l. to be paid to them , for the increase of their Parish Store , which said 100 l. was accordingly paid unto the then Churchwardens of that part of the said Parish , lying within London , for the use of the Poor aforesaid , and the said Money was by them placed out at interest , for the use aforesaid : And that the said Exceptants , being Churchwardens of that part of the said Parish , which lyeth within London ; did , on , or about the first of July , 15 Car . nunc Regis , receive 3 l. for Interest of the said 100 l. and disposed thereof to the Poor of that part of the said Parish , which is in London , no part thereof being paid to the Poor of the other part of the said Parish lying in Middlesex . Com . Decree . Upon which , complaint being made , the Commissioners , impowred for that purpose , did thereupon Decree , That the said Exceptants should pay unto Henry West and Hugh Shipley , the Churchwardens of that part of the said Parish , which is in Middlesex , for the use of the poot there , thirty shillings , and one shilling for damages , and ten pounds to the Respondent , Exceptions . or prosecutor , for Costs . The Exceptants have excepted thereunto , for that they being Churchwardens for the Poor of that part of the said Parish which is in London , they received the same , and imployed the same , for , and towards relief of the said Parish , living in London . ( 2 ) And the Exceptants are in no fault , they not misimploying the same , but paying it to the Poor as aforesaid . And the Exceptants Counsel insisted . ( 3 ) That their Predecessors , Churchwardens of that part of the said Parish which is in London , have done the same in Cases of like nature , and have by the Commissioners been indemnified therein . ( 4 ) And that the Prosecutor upon a Tryal before the Commissioners , touching the Matter in question , hath been Non-suited . ( 5 ) And upon another Tryal at Law , Verdict passed against him . ( 6 ) That the Money was not misimployed . And ( 7 ) That by the words of the Will , and by the Custom of the Parish , the Poor in London only ought to have the said Moneys . Whereupon , and upon long debate of the Matter , and hearing what was insisted upon by the Counsel on either side , Decree Reversed . His Lordship allowed the Exceptants Exceptions , put in to the said Decree , they having paid the Money to the Poor of that part of the said Parish in London , as aforesaid ; and in pursuance of the Verdict , and Non-suit aforesaid , and not converted the same , or any part thereof to their own uses , or misimployed the same . And his Lordship conceived the said Decree , made by the said Commissioners aforesaid , to be erroneous ; and therefore doth order and decree the same to be reversed , and set aside .

24 Martii 1659. Car . 2. Westham in Essex , and Best .

IT was found by Inquisition , that Mary Gwilliams , widow , did , in her life time , hold to her and her Heirs , of the then Lady of the Mannor of Westham , by Copy of Court-Roll , according to the Custom of that Mannor , a Messuage , &c. of the yearly value of five pounds : And that the same were divers years in the life-time of the said Mary , held and enjoyed by Drew Best . And that the said Mary , long before her death , did assign , limit , and appoint , That 30 s . of the Rent , Issues , and Profits of the said Tenements and Premisses , should be yearly imployed and reserved , in , and for the relief of the poor people , for the time present , and from time to time , being in Westham foreter . And that thirty shillings per ann. was yearly , for divers years together , in the life-time of the said Mary , and by her direction and appointment , paid to the Churchwardens of Westham , for the relief of the poor people there . And that the said Mary , to the intent , that the said yearly sum of thirty shillings might be the better secured to be paid , to , and for the relief of the Poor of Westham , aforesaid . 4 Augusti 1633. did surrender the Premisses to the uses in her Will , and after dyed , and did declare her Will , Mind , and Desire to be , That 30 s of the Rent of the Premisses , should yearly , and every year for ever then after , be paid to , and for the relief of the Poor of Westham , and after dyed . Notice . And that Drew Best having notice of the said Charitable Devise , Assignment , Limitation , and Appointment , did for some years enjoy the Premisses , and pay the thirty shillings per ann. to the Churchwardens ( 2 ) That from the death of Mary , Best and his wife enjoyed the Premisses , by vertue , as they pretended , of a Surrender , made by R. G. Son and Heir of Mary , and had held the same eight years , and detained the 30 s . from the Charitable Use , and that 12 l. was arrear .

Whereupon Commissioners Decree , That R. B. should pay the Parishioners 12 l. for the Arrears and 10 l. more for Damages for deteining the Money , and for the Costs and Charges of the Parishioners of Westham expended in that Commission and Decree . And that R. B. Owners and Proprietors of the Premisses , should yearly for ever , pay the 30 s . per ann. accordingly .

Rebeca Best excepted against this Decree . But in 〈◇〉 Caroli 2. the Decree was confirmed by the then Lord Chancellor .

5 Car . 1. Matsall in Suss .

Sussex . THe Lord Keeper heard and determined the Matter , upon the Exceptions only .

Appleton in Com . Berks .

Berks . THe Lord Keeper heard the Matter upon Exceptions only .

Martlyn in Com . Wigorn .

Wigorn . THe Lord Keeper heard the Matter upon Exceptions and Answer .

DECREES . Southamp . ss . At S. in the County of S. the 10 day of D. in the 14 year of the Reign of our Sovereign Lord Charles the II . by the Grace of God , King of England , Scotland , France and Ireland , Defender of the Faith , &c. Anno Dom . 1662.

WHereas by an Inquisition , taken at B. in the said County of S. the 21 day of November last past , before G. J. P. R. W. R. J. W. Esquires , by vertue of a Commission , under the Great Seal , bearing date the third day of N. last past , to them and others , or to any four or more of them , directed for the due execution of the Statute , made in the 43 year of the late Queen Elizabeth , Entituled , An Act to redress the mis-imployment of Lands , Goods , and Stocks of Money , heretofore given to Charitable Uses , by the Oaths of L. H. B. J. R. C. A. R. B. J. A. T. W. H. W. T. J. T. L. G. B. W. B. H. W. L. C. N. L. W. and T. W. good and lawful Men of the said County of S. It is found that F. J. late of B. in the Parish of S. in the County of H. Widow , deceased , was in her life-time seised ( amongst other things ) in Fee of , and in a certain portion of Tithes in B. in the said County of S. in &c. And that the said F. being so thereof seized , did make her last Will and Testament in Writing , bearing date the 22 day of A. in the year of our Lord God , 1567. And did thereby give , devise , and bequeath unto N. J. late of &c. J. N. S. R. L. J. and A. J. then Inhabitants of the Town of N. in the County of C. and to their Heirs and Assigns for ever . The said portion of Tythes , amongst other things , by the name of all that the Tithes of B. within the County of S. with all Profits and Commodities , being part or parcel thereof , or unto the same belonging or appertaining , or with the same , Letten or Occupied , then being in Lease for divers years then to come ; Whereupon the Rent of &c. by the year , was reserved , and should be paid , during the said term , unto the said Devisees , their Heirs and Assigns , to the uses and intents in the said Will mentioned , That is to say , That they the said J. J. J. R. and J. their Heirs and Assigns , should yearly and for ever , imploy and bestow the yearly Rents , Issues , and Profits arising , coming , and growing by the same Tithes , and the Houses in the said Will mentioned , which then amounted to &c. per ann. to the erection , maintainance , and finding of a free Grammar-School within the said Town of N. for such a competent number of Scholars as should be thought good to those her Devisees in Trust , or unto D. L. then Master of C. Colledge in the University of Oxon , and by them should be set down in Writing , under their Hands and Seals , the said number of Scholars , to be of the Children of the Inhabitants of the said Town of N. And , whereas it appears by the said Inquisition , That the said portion of Tythes in B. aforesaid , and the Houses and Premisses in the said Inquisition mentioned , were all of them given , appointed , and intended by the said F. J. to , and for the Charitable Uses afore-mentioned , and for that it hath appeared unto the said Commissioners , by the said Inquisition aforesaid , that the same Tythes now are , and , for the space of many years last past , have been of a very great yearly value , more than the Rent reserv●d by the Feoffees of the said School , upon the Leases thereof , over and above all Taxes , Charges , and Reprises .

Now , we the said G. J. P. R. W. R. J. and L. S. having called the parties interessed in the said Tythes , and having heard and examined the Matters and Things , in and by the said Inquisition found , and thereby appearing , and being satisfied , that according to the true intention of the said F. J. all the Rents and Profits of the said Tythes , without fraud or diminution , should be paid and disposed to the said Charitable Use ; and that the said Tythes ought to have been Leased , at , or very near to their true yearly value , do , by vertue of the said Statute and Commission , and the Power and Authority thereby to us given , Order , Judge , and Decree , That the said Concurrent Lease , or Lease in Reversion , bearing date on or about the 10 day of A. in the 20 of the said late King Charles , made by the said P. W. R. H. N. M. and S. J. of the said portion of Tythes , to the said N. E. his Executors , Administrators and Assigns , for the term of &c. aforementioned , at the Rent of , &c. per ann. was also made and granted , contrary to the intent of the said F. J. and was a mis-government of the same Tythes , and defrauding of the said Charitable Uses within the said Statute . Therefore we the said G. J. P. R. W. R. and J. W. for reformation of the said abuses and breaches of Trust , and to the end , that the said Rents , Issues , and Profits of the said Tythes , may be duly and faithfully imployed to , and for the Charitable Uses aforesaid , for which they were given , limited assigned , and appointed by the said F. J. do further Order , Adjudge , and Decree , That the same Lease and Term so made of the same Tythes to the said N. E. as is aforesaid , and all other mean Assignments of the same Lease are , and either of them is , and from henceforth shall be utterly void , and of none effect . And that the said L. R. his Executors , Administrators and Assigns , shall within one month after notice of this Decree , deliver the said Lease and Assignment thereof to the Feoffees , which now , or hereafter shall be of the said Tythes , shall , and may Grant and Lett the same Tythes at the true yearly value thereof . The same Lease thereof made to the said N. E. as is aforesaid , or the Assignment thereof notwithstanding . And we the said Commissioners do further Order , Adjudge and Decree , That the said L. R. his Executors and Administrators , shall within one month , next after notice of this Decree , pay unto such persons as now are , or then shall be the Feoffees in Trust of the said Tythes , the sum of , &c. of the Rents and Profits of the said Tythes by him received , from the Feast of St. Michael the Arch-Angel , in the said Year , 1660. until the 30 day of S. 1662. over and above the Rent paid to the said School , and all other Taxes , Charges , and Reprises . And that the same , according to such proportions as in the Will of the said F. J. are expressed , shall be disposed of , and distributed to such Persons , Intents and Purposes , to whom it ought to have been paid , if the true yearly value of the said proportion of Tythes , for the time aforesaid , had been duly received . And that the growing Rents , Issues and Profits of the same Tythes , shall be for ever hereafter received by the Feoffees of the same Tythes , their Heirs and Assigns , and shall be by them laid out and disposed of , in manner and form following . That is to say , That &c. thereof , shall be paid B. R. &c. The prosecutor of the said Inquisition and this Decree , for the Moneys laid-out , in and about the suing out of the said Commission , and the prosecuting of the said Inquisition and this Decree . And moreover , That all the Rents , Issues , and Profits of the Premisses hereafter to be received by the Feoffees of the same portion of Tythes , their Heirs and Assigns , except the same sum of &c. shall be for ever hereafter disposed , paid , and imployed to the School-Men and Usher , when there should be one appointed of the said School , and to the Master of the Colledge in O. for the time being ; and in the reparations of the said School-house , according to the proportions of the several sums of Money , by the Will of the said F. J. limited and appointed to the several persons and purposes in her said Will mentioned and intended . And in case the said now Feoffees of the Premisses , shall refuse to perform this Decree on their parts , or shall be negligent in the performance thereof , Then , and in such case , We the said Commissioners , do Order , Adjudge , and Decree , That the said now Feoffees of the Premisses , and the Survivors of them , shall , upon demand , make a new Feoffment , or such other Conveyances , as by Counsel Learned shall be advised of all the said portion of Tythes in B. aforesaid , whereof they stand seized to the Charitable Uses aforesaid , unto N. T. D. G. C. T. M. B. M. E. S. W. and D. J. being honest and substantial Inhabitants of the said Town of N. aforesaid , and to their Heirs and Assigns for ever , to the use of them , and their Heirs and Assigns in Trust , to , and for the Uses , Intents and Purposes in the said Will of the said F. J. mentioned and expressed . And that the said new Feoffees , after the time they shall be lawfully estated and invested in the Premisses , shall perform this present Order , Judgement , and Decree , according to the true intent and meaning thereof . And the said Commissioners do further Order , Adjudge , and Decree , That in every Lease hereafter to be made of the said Tythes and Premisses in B. in the County of S. aforesaid , or any of them , by the Feoffees of the Premisses for the time being , there shall be reserved the true yearly value thereof . And that the same shall be thereby made payable to the Feoffees ( so making the said Lease ) their Heirs and Assigns , to , and for the Charitable Uses in the Will of the said F. J. mentioned and expressed , and shall be made by the said Feoffees , as Feoffees in Trust of the said F. J. for the Charitable Uses aforesaid , and so to be expressed in the said Leases : and that no Leases hereafter to be made of the Premisses , or of any part thereof , shall be made but in possession , and not to exceed the number of 21 years , from the making thereof . In witness , &c.

DECREES . Lincoln . AT B. in L. the 10th day of N. in the 14th year of the Reign of our Sovereign Lord Charles the II . by the Grace of God , King of England , Scotland , France and Ireland , Defender of the Faith , &c. Anno Dom . 1662.

WHereas by an Inquisition indented , taken at B. aforesaid , the 2 day of Octob . last past , before W. B. C. D. E. F. and G. H. Esquires , by vertue of a Commission under the Great Seal of England , bearing date the 11 day of M. in the said 14th year of his said Majesties Reign , to them and others directed , for the due execution of the Statute made , in the 43 year of the Reign of the late Queen Elizabeth , Entituled , An Act to redress the mis-imployment of Lands , Goods , and Stocks of Money heretofore given to Charitable Uses , by the Oaths of , A. B. C. D. &c. good and lawful Men of the said B. It was found , &c. As in , and by the said Inquisition hereunto annexed , it doth and may appear . And whereas the said B. G. by his last Will and Testament in Writing , bearing date the 22 day of February , in the year of our Lord , 1660. did demise unto his Wife B. S. all his Lease , Estate , and Term of years and Interest , which he had of , and in the said Messuages and Tenements , scituate in L. which he held by force of several Leases , granted by the Feoffees of the Grammar-School of P. in L. as by a Copy of the said Will proved before us the Commissioners afore-named , it doth and may appear . And forasmuch as we are fully satisfied by the said Will of the said B. G. and by other proofs made before us , that the said B. G. at the time of the taking of the said Lease of 40 years , had notice of the Charitable Uses aforesaid . Now we B. W. B. L. B. M. M. R. B. P. N. P. C. R. being Commissioners , and persons nominated and authorized in , and by the said Commission , having first called the present Feoffees of the Lands , Tenements , and Hereditaments aforesaid , and the said B. S. and B. F. in the said Inquisition named before us , and Oath being made , that they were served to appear before us , and having heard S. and F , and their Council , and having examined and considered of the Matters and things , in , and by the said Inquisition found , and the Will of the said B. G. and being fully satisfied , that all the Rents and Profits of the same Premisses , are to be paid and disposed to the said Charitable Uses afore-mentioned . And that the Houses afore-mentioned , ought to have been Leased at the true yearly values thereof ; are of opinion , and do adjudge and decree , That the afore-named Feoffees and Trustees of the Lands , Tenements , and Hereditaments , given , limited , and appointed by the said F. J. to the Charitable Uses aforesaid , who made the several Leases in the Inquisition mentioned , have abused , and broken their Trust , concerning the said Houses in L. aforesaid , and have imployed the said Houses in L. aforesaid , by granting the said several long Leases thereof , at much lesser values , then the same Houses were reasonably worth , to be Lett at the respective times of the making of the said respective Leases thereof . And that the said Leases and Occupiers of the said Houses , have mis-imployed the same Houses for the times which they have held and enjoyed the same , and received the Rents and Profits thereof , not paying the yearly values thereof to the Charitable Uses aforesaid : Therefore , we the said Commissioners , to wit , the said B. W. B. G. M. B. M. R. B. P. and H. N. do Order , Adjudge , and Decree , that the said several Leases , to wit , the said Leases made to the said B. G. for 40 years in possession , as is aforesaid , the said Lease so made to the said R. L. for 40 years in possession as is aforesaid , and the said Lease so made to the said W. J. in Reversion as is aforesaid , and every of them are , and from henceforth shall be utterly frustrate , and void , to all intents and purposes , as if the same had never been made or granted . But forasmuch as it appeareth by the said Inquisition , That B. G. did heretofore lay out 150 l. upon the new biulding of the House and Premisses so to him Demised , as is aforesaid , and thereby advanced the yearly value thereof : and for that it also appeareth by the said Inquisition , That B. G. did heretofore lay out 150 l. upon the new building of the House and Premisses so to him demised , as is aforesaid , and thereby advanced the yearly value thereof : And for that it also appeareth by the said Inquisition , that the said Messuage and Premisses so demised to the said B. G. as is aforesaid , was worth 20 l. per ann. at the time of the making of the said Lease , above all Charges and Reprises : And by the testimony of Witnesses sworn before , it was proved , that the same were of greater value ; and there being no Covenant or Agreement in the said Lease , for the new building of the said House ; And for that it is now about 20 years , sithence the said Houses were new built , and the same having been worth , ever sithence the building thereof , above 28 l. per ann. above the said Rent of 14 l. reserved by the said Lease thereof ; We the said Commissioners are of opinion , That the said B. G. hath , by the said overplus Rents , been re-imbursed the said sum of 150 l. so by him laid out in the said building , with an overplus : And therefore we the said Commissioners do further Order and Decree , That the overplus Rents of the said Houses already received , shall be allowed for the Moneys laid out by the said B. G. in the building thereof . And moreover , that the now Feoffees of the said Premisses , or the survivor of them , shall make , seal , and execute a new Lease of the said new-built Houses to the said B. S. her Executors and Assigns , for so many years of the said term of 40 years so granted to the said B. G. as aforesaid , as by efluxion of time are not yet expired , at the true yearly value thereof . And that the Rent to be reserved in , and by the said Lease , shall be made payable to the said Feoffees , their Heirs and Assigns , to , and for the Charitable Uses in the Will of the said F. J. mentioned , expressed , and declared ; and to be paid at such days and times , as the Rent reserved by the former Lease thereof are limited and appointed to be paid , and with such Provisoes , Covenants , and Agreemetts , as in the said former Lease are comprised and specified . Provided always , and the said Commissioners do further order and decree , That if the said B , S. shall not come in and submit her self to this present Order and Decree , and surrender up the said old Lease of 40 years , by this Decree , frustrated and declared void , and desire to have the preferment to take such new Lease within one moneth next after , she shall be served with a Writ of Execution of this Decree , That then the said B. S. and all claiming under her , or under the said B. G. shall quit , and yield up the possession of the Premisses aforesaid , to the Feoffees of the same Premisses . And that then the said Feoffees shall grant a Lease of the same Houses , to such person or persons as they shall think fit , in such manner , as is herein after mentioned . And we the said Commissioners do further order and decree , the now Feoffees of the said Houses and Premisses , or the Survivors of them , shall also make , seal , and execute a new Lease of the said House and Premisses , heretofore granted to the said L. R. as aforesaid , to the said B. F. his Executors and Assigns , for so many years of the said term of 40 years to the said L. R. heretofore granted as aforesaid , as by effluxion of time are not yet expired , at the true yearly value thereof ; the same before us to be worth 24 l. per ann. to be Lett , or thereabouts : And that the Rent to be reserved in , and by the said Lease , shall be made payable to the said Feoffees , their Heirs and Assigns , to , and for the Charitable Uses in the Will of the said F. J. mentioned , expressed and declared , and at such days and times as the Rent reserved by the former Lease thereof , are limited and appointed , and with Proviso's , Covenants , and Agreements , as in the said former Lease are comprized and specified . Provided always , and the said Commissioners do further Order and Decree , That if the said B. F. shall not come in and submit himself to this present Order and Decree , and surrender up the said old Lease so made to the said L. R. for 40 years , and by this Decree , frustrated and declared void , and desire to have the preferment to take such new Lease within one month next after , she shall be served with a Writ of Execution of this Decree ; That then the said B. F. and all claiming under him , or under the said L. R. shall quit , deliver , and yield up the possession of the Premisses so assigned unto him the said L. R. as is aforesaid , to the Feoffees of the same Premisses : And that then the said Feoffees shall grant a Lease of the same Houses , in such manner as is herein after mentioned . And in case the said now Feoffees of the Premisses , shall refuse to perform the Decree on their parts , or shall be negligent in the performance thereof ; then , and in such case , We the said Commissioners do order , adjudge , and decree , That the said now Feoffees of the Premisses , and the Survivors of them , shall , upon demand , make a new Feoffment , or such other Conveyance , as by Councel Learned shall be advised , of all the said Messuages and Premisses in L. aforesaid , whereof they stand seized to the Charitable Uses aforesaid , unto A. B. C. D. E. &c. being honest and substantial Inhabitants of the said Town of P. aforesaid , and to their Heirs and Assigns fore ever , to the use of them and their Heirs and Assigns in Trust , to , and for the Uses , Intents and Purposes in the said Will of the said F. J. for that purpose mentioned and expressed : And that the said new Feoffees after the time , they shall be lawfully stated and invested in the Premisses , shall perform this present Order , Judgement , and Decree , according to the true intent and meaning thereof . And the said Commissioners do further order , adjudge , and decree , That in every Lease hereafter to be made of the said Houses , and Premisses in L. aforesaid , or any of them , by the Feoffees of the Premisses for the time being , there shall be reserved the true yearly value thereof , and that the same shall be thereby made payable to the Feoffees ( so making the said Lease ) their Heirs and Assigns , to , and for the Charitable Uses in the Will of the said F. J. mentioned and expressed in the said Leases : And that no Lease hereafter to be made of the Premisses , or any part thereof , shall be made , but in possession , and not to exceed 21 years from the making thereof . And we the said Commissioners do further Adjudge , and Decree , That the Rents , Issues , and Profits of the said Houses and Premisses , shall , from henceforth , be imployed in manner and form following ; That is to say , First , That the Prosecutor or Prosecutors of the said Inquisition and this Decree , shall be satisfied and paid , out of the increase of the Rents , Issues , and Profits of the said Houses the sum of 30 l. for the Moneys by him or them bisbursed in , and about the prosecution of the said Inquisition , and this Decree . And moreover , That the Rents , Issues , and Profits of the same Premisses , ( except the said 30 l. ) shall be for ever hereafter , received by the Feoffees of the same , Premisses , their Heirs and Assigns , and shall be laid out and disposed of , to the S. and V. of the said S. and to the Master of C. Colledge in O. for the time being , and in the repairs of the said S. according to the proportions of the several sums of Money by the said Will of the said F. J. limited and appointed to the several persons and purposes in the said Will , limited and intended respectively , In witness , &c.

Certain Cases adjudged upon Appeals , for the Illustration and Continuation of all that is said in the whole Work . CHAP. VI .
CASE 1. Mich . 1626. Windsor and Hilton .

IN the Case betweén Thomas Windsor , Plaintiff and Robert Hilton , and others , of the Town of Farnham , Defendants , upon a Reference to the Iudges out of the Chancery ; Bill of Review , not to be after the Order of Court . it was resolved by the Iudges of the Kings Bench , That if upon an Appeal in Chancery or Dutchy , the Decrée 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 Decreé is confirmed upon a Bill of Review , for then it may be infinite vexation . But in such a Case , the party grieved may prefer his Petition in Parliament , Relief in Parliament . and there have his complaint examined ; and the Lords in Parliament may confirm , alter , or adnull the Decreé , which is to be final , as it was resolved by the Iudges and the Kings Council , assistants in the House of Peérs , 20 Caroli 1643. betwéen the Poor of Eastham in Essex , Plaintiffs , and the Lady Kemp and others Defendants , where Dandy , one of the Alms-men of the Alms-house in Eastham , of the foundation of Giles Bream , Esquire , complained by petition before the Lords in Parliament , to have a Decreé made by the Lord Coventry adnulled , who , by his Decreé , altered the Decrée of the Commissioners ; and the said Defendants excepted , that the said Decreé could not be adnulled without Bill in Parliament , for the reason aforesaid ; and upon reference to the said Iudges and Council , they certified us aforesaid , and then the Lords procéeded to examine the said Lord Keépers Decrée and confirmed it . Crook , 3 Part . fol. 40.

Case 2. Mich . 44. Eliz .

This Case is in Baron Wilds Mss. fol. 274. EGerton , Popham , 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 , Who must be Commissioners . by the express words of the said Statute , to be named a Commissioner , or otherwise the Commission is void : but if he be named a Eommissioner , it is not requisite that he should be present at the execution of it , for that none is of the Quorum ; Bishop . but any four or more of the Commissioners named , may execute the same without the presence of the Bishop or his Chancellor . If the Sée of the Bishop be void at the sealing of the Commission , then the Bishop néed not to be named a Commissioner , neither his Chancellor , and the Metropolitan shall not be named instead 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 procéed .

2. Power of the Commissioners . If a Lease or Conveyance be made by parties trusted with a Charitable Vse , whereby the same is defrauded , the Commissioners may Decrée the same Lease and Conveyance to be void . And upon such Decree , To avoid an Estate . the same is void in Interest and Estate . And if afterwards upon an Appeal , the Lord Keéper adnull the Dommissioners Decree , or decreé 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 decreé the Assignment to be void , although the first Conveyance was made fraudulently , and in deceipt of the Charirable Use .

3. Power of the Commishoners . If Houses given to Charitable Uses be suffered to be ruinous and out of repair by negligence , the Commissionrs may decrée , 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 , To order repair of decayd Houses . as often as néed 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 Assetts in Law or Equity , shall repair the same .

4. That the word given in the Statute , Statute expound . extends to Gifts after the Statute , as well as to Gifts before ,

5. Power of Commissioners . The Commissioners cannot by their Decree make a Corporation , not before incorporated , and enable them to take to Charitable Vses as a Corporation . As Church-Wardens which are a Corporation in Law , but to special purposes .

But they may decreé Lands held in Capite , or in Soccage , To make a Corporation . to a Corporation already incorporate , to be Trusteés , to perform a Charitable Vse , and it shall be no Mortmain .

Also they may Decreé Lands given to Charitable Uses , Power of Commissioners . to sundry persons , and their Heirs , to the said Vses , and enable them to demise the same Lands for the best profit of the said Charitable Use ; and that when such a number of them dye , To en●ble a Gran● . the Survivors shall make a Conveyance to settle the said Lands in themselves that survive , and others to make up and continue the number by them appointed .

Power of Commissioners . 6. If Lands that lye in the body of a County be given to a Corporation , to maintain Charitable Uses , the Commissioners of the County may make Orders to reform the breaches of Trusts , To order out of their County . and mis-imployment of such Lands by the Corporation .

Case 3. Trin . 9 Caroli , 1. East-Greensteds Case .

THese Points were resolved by the Lord Coventry .

1. That whereas Robert , Earl of Dorset , had granted a Rent-Charge of 330 l. per ann. out of divers his Mannors and Lands in London , and several Counties , for maintainance of an Alms-house in East-greensted , Power of Commissioners . erected by himself . First , That if a Rent be granted out of Lands in several Counties for maintainance of Charitable Uses in one County , To order out of their County . the Commissioners in that County , where the Charitable Use is to be performed , may make a Decree to charge the Lands in other Counties , to pay an equal Contribution of charge in payment of the said Rent , and there neéds not several Inquisitions in each County , for that the Rent is an entire Grant , by the Deed or Will .

Rent not extinguished . 2. If the Deviseés of a Rent-charge , or the Granteés thereof to a Charitable Use , do purchase part of the Lands , out of which the Rent is issuing , or all the Land : although in extremity of Law , the Rent-charge is extinguished , yet if the Commissioners decrée the Rent to be revived , and settle it upon others to maintain the Charitable Use , the Rent is revived by the said Decree .

Charitable Use goes with the Land . 3. If a Rent-charge be granted out of Land to a Charitable Use , and the Land is afterwards sold for valuable consideration of Money or Land , to one that had no notice of the Rent , yet the Rent remaineth . For that the purchase was of another thing , that was not given to the Charitable Use .

Notice to be given to parties interessed , of the Commission to be executed . 4. By the Statute , the parties interessed are to have notice from the Commissioners , of the time and place of their sitting to execute the Commission . Yet if the Commissioners make a Decree , without giving such notice to the parties interessed , it is good . And if the parties upon their Appeal do take exception , Decree good without it . that they had not any notice of the time of the executing of the Commission from the Commissioners , that shall not avoid the Decree , unless they shew withal , in their exception , that for lack of such notice , they lost the benefit of such an Exception , to the Commissioners or some of them , or of such a challenge to a Iuror , expressing the cause in certain : and if the Lord Kéeper adjudge the Cause shewn , to be a sufficient Exception and Challenge , the Decree , or Orders of the Commissioners shall be adnulled and reversed without out further examination , for the intent of such notice to be given , is , That the parties interessed , may make their lawful challenges to the Commissioners or Iurors , as the Statute alloweth them .

5. Resolved , That the notice which a Purchasor of Lands given to Charitable Uses ought to have ; ought to be certain , Notice to a Purchasor of the Land of the Use . How to be given . and a general notice is not sufficient . As if Land given to Charitable Uses , be intended to be sold by Act of Parliament : And when the Bill is read in the House of Parliament , it is there spoken unto and declared , that the Land is chargeable with a Charitable Use , and recompense is offered otherwise to assure the Charitable Use than by that Land , and afterwards the Bill doth not pass , and the Land is sold to one of the Members of the House that spake unto the Bill for Money ; Yet this notice in Parliament , is not sufficient notice , within the intent of the Statute , because it was not known to such a Purchasor , but as a Parliament-man in another capacity .

6. If a purchasor of Land given to Charitable Uses , for consideration of Money , hath legal notice of the Vse , Purchasors notice . and afterwards selleth the Land to another for Money , who hath no notice of the Vse ; This second purchasor shall hold the Land chargeable with the Charitable Use , for that the first purchasor held it so , and the second purchasor coming under his Title , This Use will go with the Land . must hold it subject to the Charges the first purchasor held it , for that he claims under him ; But if the first purchasor had no notice of the Vse , then is the Land discharged of the Charitable Use : and if he afterwards sell it to another for Money , that hath notice of the Vse , yet he shall not hold it subject to the Charitable Use , for that the Land was discharged thereof upon the first Purchase .

7. That if a Rent-charge be granted to a Charitable Use , out of Lands in several Counties , How a Rent out of Land is to be laid . the Commissioners are to charge this Rent by their Decreé , upon all the Lands in every County , according to an equal distribution , having regard to the yearly value of all the Lands chargeable with the Rent , Power of the Commissioners . and cannot by their Decreé charge one or two Mannors with all the Rent , and discharge the residue in other Counties or places , for that their Decree will then be contrary to the Will of Founders or Donors .

Case 4. 16 Martii , 4 Caroli .

BEtwéen the Poor of Walthamstow in Essex , Notice to parties interessed of the Commission . and upon a Devise of Money by one Colby , to relieve the Poor there ; these Points were resolved : First , S. took exception upon his Appeal in Chancery , That he had no notice of the time and place of the execution of the Commission from the Commissioners , whereby he lost the benefit of his challenge to some of the Iurors that were Inhabitants in Walthamstow , as being parties interessed ; and upon proof it appeared , that the number of eighteén were sworn upon the Iury , whereof threé of them were substantial Men of Walthamstow , and none of the Poor there to take benefit by the Gift ; and the Lord Kéeper disallowed the Exception , for that it appeared , fifteén others were of the Iury , against whom no Exception is taken , and a Verdict of twelve or more , is good ; although others of the Iury , above the number of twelve dissent ; also the thrée Inhabitants were no parties interessed in the Gift , and may be Iury-men , they being none of the poor of the said Parish . Secondly , if one be authorized , by a party subject to the Decree of the Commissioners for a Charitable Use , as a Counsellor , Sollicor , or Attorney , to sollicite or defend his Suits , and notice is given to his Attorney , Counsellor , or Sollicitor , by the Commissioners of the time and place for execution of the Commission against the person so entertaining him , telling and advising him to acquaint the party interessed therewith , and giveth him timely notice to acquaint him accordingly ; and at the time and place of meéting , neither the party interessed , nor any other , cometh to make defence and challenge , if the Commissioners proceéd to enquire and make a Decree , it is good , and the notice to his Clients is sufficient : and in the Case of S. it was proved , that he was an aged man , and not able to follow his own business , dwelling in a remote County , and that he had a Son a Counsellor at Law , who attended his Fathers business in other things , unto whom the Commissioners gave notice of the time and place for executing the Commission , and that he might have given his Father timely notice of it , and it was taken as a neglect of purpose to avoid the Commission . Also it was proved , that the Father had personal notice of the time and place appointed by the Commissioners to make the Decree , and his Son came to attend it , but did not take any Exception to the Iurors ; And the Lord Keéper said , That notice was sufficient , although he had no notice of the Inquiry .

Thirdly , if one Devise Money to a Charitable Use for relief of the Poor , Who chargeable for the Profits of Lands to Charitable Uses . and makes two Executors , and dies , and they prove the Will , and joyntly intermeddles with the receipt of Money , and one trusts the other with the Money given to perform the Charitable Use , and to pay it accordingly , and he wastes it , and dies insolvent , the surviving Executor shall be charged to pay the Money for the Charitable Use , if the Testator left Assetts to pay it , for that they joyntly medled in the execution of the Will ; but if the Executor that died , had only proved the Will in the name of both Executors , and the surviving Executor never medled in the execution of the Will , Executors how chargeable . but left all to the other , and he had wasted the Estate , and died insolvent , the surviving Executor shall not be charged with the Charitable Use , out of his own Estate , for that the other Executor had a joynt Authority , with him , from the Testator , and he would not prevent his intermedling , and the Survivor had no other means to prevent his charge , than by his refusal .

Lastly , If Money be given to a Charitable Use by Will , and the Executors detain it in their hands many years , Power of Commissioners . without imploying it according to the Will , having Assetts , the Commissioners may Decree the Money with damages for detaining of it , to be imployed in the Charitable Use , To give Damages . according to their discretion , not excéeding 8 l. per Cent . for a year , for the damages .

Case 5. Mich . 10 Car . int. Inhabitants of Eltham in Kent , against Warreyn .

THe Case was thus : Land was given the time of Hen . 8. How Profits improved of the Land , is to be ordered being then of the value of 3 l. per ann. to the Parishioners of Eltham , to repair the High-ways there , this Land doth improve to be of the value of 11 l. per ann. divers of the parishioners being Vestry-men there , do Demise this Land , and House upon it , to Warreyn for fifty years , Power of Commissioners . at 3 l. Rent per ann. Warreyn cuts down Timber-trées , growing upon the Land , and repairs the House with part , and sells , and otherwise disposeth of the residue , and pays the 3 l. Rent yearly , To order repair of decayed Houses . which is bestowed in repair of the High-ways ; The Commissioners decreé Warreyn to pay Damages for cutting down threé Trées , and that his Lease should be void , and surrendred up to be cancelled , and to pay the surplusage of the true value of the Land , as it was improved at the time of the Lease for the time he enjoyed it , and that divers of the parishioners , naming them particularly , should be Trusteés to the said Land , for the best profit of the Charitable Use , and that such a number 〈◇〉 should enfeoff others of the parishioners , to continue the number of the Trusteés , by the Decrée appointed . And upon Warreyns Appeal to the Lord Keéper , the Decrée of the Commissioners was confirmed in all things , and resolved , 1. That the cutting down of the Trées was a waste , for which Warrey● should pay Damages , according to the value of them ; and bestowing but part upon the House , To give Costs . not being able to prove the quantity , it was fraud in him , to colour his disposing the residue otherwise ; but if he had bestowed all , or the greatest part of the Trées in the repair , it had béen no waste . 2. It was resolved that Commissioners may give Costs to the party which prosecutes a Commission , to reform a breach of Trust in a Charitable Use , and the Lord Kéeper may increase these Costs , if the party grieved complain without cause . 3. The Lease being made at an under value , is a breach of Trust , and Fraud , To make void a Lease . to deceive the Charitable Use of the true value of the Land : And the Commissioners may decrée the Lease to be void and surrendred ; and that the Lessée shall pay the true profits of the value of the Charitable Use above the Rent reserved . And lastly , the Commissioners may , by their Decrée , inable persons as Trusteés , to have interest in the Lands given to Charitable Uses , and to Demise the same according to the improved value .

Case 6. In the Case of Sutton Colefield in Com . War . Hill . 11 Car .

Power of Commissioners FIrst , it was resolved , That it is not material that the Commissioners which were present at the time the evidence was given , and of the taking of the Inquisition , be present at the making of the Decreé ; for if any , or all of them are absent at the time of the making of the Decree , which were present at the time of the taking of the Inquisition and Evidence , To make the Decree . the decrée is good , if it be made by four Commissioners , or more . And if it appears by the Return , Though not present at the taking of the Inquisition . That the names of four Commissioners were affixed to the Inquisition , and four other Commissioners to the Decrée , all is good .

Secondly , Resolved , If Lands of the value of 3 l. per ann. be given to maintain a School-master ; and , in the Déed , it is expressed , To dispose of the improvement . That the said 3 l. shall be only imployed to maintain that Vse , and no other Vse is expressed in the Déed ; and afterwards the Land increaseth to a greater value , all the increased Rent shall be imployed for maintainance of that Charitable Use , because it doth not appear , that the Donor had any intention that the Profits of his Land should be imployed to any other use ; and at the first he gave so much as the Land was worth .

Land charged with the Use in the hands of Purchasors . Thirdly , Resolved , If Land given to Charitable Use , be sold for Money to one that hath notice of the Vse , this notice did make the Land Charitable with the Vse in all other Purchasors hands , although the other Purchasors had no notice of the Vse , because they take the Land charged with other incumbrances as the first Purchasor held ; but if the first Purchasor had no notice of the Vse , then is the Land discharged of the Vse , and it shall so remain in all the Purchasors hands , al●hough they had notice of the Vse .

Breach of Trust . Fourthly , Resolved , If Land of the value of 3 l. per ann. is given to a Charitable Use , which is paid accordingly , and afterwards the Land increaseth to a better yearly value ; Improvement . if the increased value be not also paid to the Charitable Use , that is breach of Trust , which the Commissioners may reform , if no other use of imployment of the Revenue be expressed in the Donors Déed ,

Fifthly , Resolved , If Land be given to a Corporation , or other particular persons to perform a Charitable Use , and the Donor appoint them Visitors also of the Vse according to his intent , Power of Commissioners . Over Visitors and Trustees . if the said Visitors do break the Trust , either in detaining part of the Revenue , misimploying , or any other ways defrauding the Charitable Use ; this may be restored by Decrée of the Commissioners , notwithstanding the Statute of 42 Eliz . which disables Commissioners to meddle with Lands given to Charitable Uses , where special Visitors are appointed , for the intent of the Statute is to disable Commissioners to meddle with such a Case , where the Land is given to persons in Trust , to perform a Charitable Use , and the Donor appoint special Visitors to seé these Trustées to perform the Vse according to his intent , if the Trusteés defraud the Trust , the Commissioners cannot meddle , but the Visitors are to perform it ; but where the Visitors are Trustées also , there the Commissioners may by their Decrée , reform the abuse of the Charitable Use .

CASE 7. Hynshaw and Pydwers , and the Mayor of the Corporation of Morpeth in Northumberland . 5 Car .

KIng Edw . the VI . Power of Commssioners over Visitors . gives Land to the Mayor and Commonalty of Morpeth , of the value of 20 l. per ann. to maintain a Schoolmaster there , and appoints them Visitors of the School-Master and Scholars , that they behave themselves according to his Orders , this Land increaseth to a 100 l. per ann. and the Corporation did only bestow on the School-master the 20 l. per ann. according to the value at the time of the first Gift . A Commission is granted to reform this breach of Trust , and the Corporation upon Summons refused to appear before the Commissioners , for that they are appointed Visitors , and the Proviso of the Statute doth exempt in such Cases the power of the Commissioners : The Commissioners certify this to the Lord Keéper , and that the Visitors were the persons trusted , and did break the Trust : And Serjeant Thomas Crew moving the Lord Kéeper upon this Certificate the 22 of May 5 Car . the Lord Keéper declared his opinion to be , That the Commissioners might proceéd in the execution of their Commission ; for the Visitors being Trusteés , and Parties breaking the Trusts , are not within the intent of the Proviso ; and if it should be otherwise construed , this breach of Trust would escape unpunished , unless in Chancery or in Parliament ; which were a tedious and chargeable Suit for poor persons . And the Lord Keéper said , Improvement of the Land . That the not bestowing of the increased value of the Land given , was a breach of Trust in the Corporation , if no other Vse be expressed in the Letters Patents . Also it was then said , If Land be given to maintain a Charitable Use , for relief of Poor ; and also that the Schoolmaster , or Poor , shall pray for the Donors Soul , that the Charitable Use shall be said ; the principal intent of the Donor , and the praying for his Soul , but an accessary , and therefore the Charitable Use shall support and preserve the Land .

CASE 8. The Case of the Inhabitants of Woodford in Essex , against Parkhurst ; Hill . 14. Carol .

SIr Henry Leigh did purchase Coppy-hold Lands in Woodford , in the name of two of his younger Sons , and their Heirs , they being within age , and by his Will , Deviseth to Sir William Martin , and other Parishioners of Woodford , and their Heirs , a Rent-charge of 40 s . per ann. out of this Coppy-hold Land , for relief of the Poor there , and dyes : Sir William Martin purchaseth this Land , and enjoys it for many years , and then sells the Land unto Parkhurst and his Heirs ; Parkhurst hath notice of the Charitable Use : betwéen the Surrender and his admittance , the Commissioners decreé Parkhurst to pay all the Arrearages since Sir Henry Leigh's death ; and upon his Appeal , the Lord Keéper resolved these Points : First , That the Rent is well devised , although Sir Henry had nothing in the Land in strictness of Law , for that the Estate in Law , was in the Children , yet Sir Henry making the Purchase , and enjoying the Land as owner , and receiving the Profits of it , he shall be said , in Equity , to have power to dispose to a Charitable Use . Rent not extinct . Also it being objected , That there wanted a Surrender to enable him to Devise , the Lord Keeper said , yet the Devise was good enough , and shall be said a good Gift , limitation , and appointment within the Statute , in favour of Charitable Uses . Secondly , resolved , That the Rent , although it was extinct in Law , by Sir William Martins purchase , yet by the Commissioners Decreé it is revived . Charge continue on the Purchasor . Thirdly , Resolved , the Rent is not extinct by this Purchase , although he had no notice of the same , for that the Purchase is of another thing than was given to the Charitable Use . Fourthly , Resolved , That the Rent is a charge which goes with the Land , in whose hands soever it comes , and a Distress may be taken for the arrearages , upon the Terr-Tenant , for the time it was arrear in others hands , and the owners remedy , to have contribution against all others that enjoyed the Land before him , is by Suit in Chancery ; And here Parkhurst , by the Decree , had Contribution against all others that enjoyed the Land charged , and suffered arrearages to accrue in their time . Notice to be given to a Purchasor of the Land charged . Lastly , Resolved , That the notice of the Rent given to Parkhurst , after the surrender and agréement for the Purchasor , and before his admittance , was a sufficient notice within the Statute ; if notice in this Case had beén requisite , for that Parkhurst was no compleat and absolute Purchasor before admittance , so of notice given to a Purchasor , of a Charitable Use , chargeable upon the Land , mean betwéen his agréement , and sealing of the Writings , before the perfecting of the setling of the Estate in him , by Attornment , Livery , or Inrollment of the Deéd of Conveyance .

CASE 9. Kennington Hastings in Com . War . 9. Jac .

ONe Humphrey Davis erected an Alms-House in Kennington Hastings , for eight poor Men , and being seized of Lands in Tennington , Monton , and Burbery , then Lett for 10 l. Rent per ann. doth devise the Rents of his said Lands , for maintainance of the said Poor in the said Alms-house , and dyes , his Heir pays the 10 l. yearly for maintainance of the Poor at the Alms-house , and at the end of the term , doth Demise the Land at 40 l. per ann. The Commissioners do Decreé the whole Land for maintainance of the Charitable Use , and the Arrearages of the improved Rent taken by the Heir , Power of Commissioners . from the time of the expiration of the old Lease , until the Decrée , and that the new Lease shall be void , and surrendred ; and upon the Heirs Appeal in Chancery , and Exceptions taken to the Decrée , the Lord Kéeper referred the Case to the Iudges principally , In an Improvement . Whether if one Devise the Rents of his Land to a Charitable Use , if by this Devise , the Land passed ? and they certified their opinions , That by Devise of the Rents of the Lands to a Charitable Use , the Land it self did pass . And in 12 Jac . in the Case of one Kerry and Dethick , Devise . it was adjudged , That if one Devise to another and his Heirs , the Rents and Profits of his Lands , that this is a Devise of the Land it self . Also they Resolved , That when one Deviseth the Rent of his Land to a Charitable Use , it shall be taken largely for a Devise of the Rent then reserved , or afterwards to be reserved upon an improved value . And the Lord Kéeper did afterwards confirm the Commissioners Decree in all things .

CASE 10. The School of Thetford's Case upon a Bill exhibited in Parliament , 8 Jac . 8 Coke fol. 130.

LAnd of the value of 35 l. by the year , was , Devise of a Charitable Use . by Sir Thomas Fulmerston 9 Eliz . Devised to certin persons in Trust , and their Heirs , for maintainance of a Preacher , Schoolmaster , and poor People , in Thetford , and by the Will , How taken ? a special distribution was made , how much the Preacher , Schoolmaster , and Poor should have , amounting in the whole unto 35 l. by the year , which was the value of the Land at the time of the Devise , and afterwards the Land increaseth to be by the value of 100 l. by the year , and upon a Reference to the Chief Iustices , and Iudge Walmsley , they certified their opinions , that the Revenue of the Lands shall be imployed to increase the several stipends of the persons appointed to be maintained by the Devisor , and if any surplusage do remain , it shall be imployed for the maintainance of a great number of people , and nothing shall be converted by the Devisées , to their own use , for that it appeareth by the distribution of the Devisor , that be intended that all the Profits of his Lands , Improvement how to be disposed . shall be imployed in the Charitable Works by him Founded , and left nothing to his Heirs or Executors , of the Profits of his Lands , as they were in value at his death , and as if the value of the Lands had decreased , the Poor should have lost in their stipends , so when the Revenue of the Lands increase , they shall gain ; and the Lord Coke said , That this Resolution did concern all the Colledges in the Vniversities , and elsewhere ; for when the Lands were first given for their maintainance , and that every Scholar should have a Penny-halfe penny a day , this was then a competent allowance for a Scholar , in respect of the price of Victuals then , and yearly value of the Land , and now the price of Victuals being increased , the first maintainance for Scholars , is not competent for them ; and as the value of the Lands increase , so ought the Allowance for the Scholars to increase ; for the Colledges seized in Jure Collegii , to the intent , that the Members of the Colledge shall be maintained , according to the intent of the Founder , which is , that all the Revenue and Increase of the Profits of their Lands , shall be bestowed in the Works of Charity , which the Founder hath expressed , and that nothing should be committed to any other private uses , for panis egentum est vita pauperum , & qui defraudat eos homo sanguinis est , and upon conference with all the Iudges of England , they agréed to the Opinion of both the aforesaid Iudges , and both Houses of Parliament passed the Bill accordingly , and the King assented to the Bill .

CASE . 11.

Thing in action given to Charitable Uses . IN Mich . 12. Jac . in Chancery , The Case was ; Anne the Wife of Sir Henry Billingsley , was before the Wife of one Martin , and Administratrix of his Goods , and there was due to Martin 1800 l. debt by a Statute-Merchant , acknowledged by one Southwel . Dame Anne made her Will in the life of Henry , Decreed . and thereby appointed , out of this Debt , divers particular Legacies to her kindred , and after , also 400 l. to Charitable Uses ; with this Proviso , That if there should arise any cross in Law , or loss in the said Debt of 1800 l. her meaning was , that it should fall upon the last 900 l. mentioned before the Proviso : And of this 900 l. the 400 l. for Charitable Uses was a part , and the last .

Raised by an imperfect Devise . Dame Anne dyed a Feme-Covert : Peacock and Peacock her Executors refused to intermeddle with the Debt , because she had it but as Administratrix , and could make no Will of it ; and also because it was a thing in Action . And thereupon the Administration of the Goods , not administred of Martin , the first Husband of Dame Billingsley , was committed to Damus and others . And thereby they had debts of 2000 l. besides the 1800 l. upon the Statute . And hereupon an Inquisition was taken upon a commission of Charitable Uses , directed to Altham , Baron of the Exchequer , and others in London , and a Decreé made for the maintainance of the Charitable Uses . And Exceptions taken to it by the Administrators . 1. For that her Will was void . 2. For that the 2000 l. debt , was a desperate debt , 3. There was a Cross and much Money spent in it . But the Decrée of the Commissioners was affirmed by the Lord Chancellor . For first , albeit the Will of the Lady were void in Law , yet it was good ; yet it will serve for a Declaration upon the Statute for Charitable Uses ; so that if there be Assetts of that Estate , or of his own Estate that is to excute it , the Vse shall be supported ; for the Goods in the hands of Administrators , are all to go , and be imployed to Charitable Uses , and Kindred and Children can have no property nor preheminence in them , but under the Charity of the Ordinary . 2. It was confest , that when the Decreé was made by the Commissioners , the Estate would have born it , and there was Assetts ; and therefore there was negligence in the management of the Estate . Whereupon Damus was compelled to pay the 400 l. to the Charitable Uses , and to take the help of the Court , for recovery of the Debts of the Intestate . Moors Rep. Case 1111. Damus Case .

CASE 12.

JOhn Collison , 1 April 1534. in 25 H. 8. In B. Wilde● Reports . fol. 285 , & 372. being seized in his Demesne , as of Fée , of a Messuage in Popestreet , with all the Lands thereunto belonging in Eltham , in the County of Kent , the same Messuage and Land not being devisable by any custom , nor Estated in use to any ; but he thereof seised in possession , did make his last Will and Testament in Writing , in these words .

I bequeath to Lettice my Wife , my House in Popestreet , with all the Lands thereto belonging , during her life ; and after her decease , I make John Brecket , John Willeden , Henry Steevenson , and Ralph Bride , Feoffees in the said House and Land , to see the same kept in sufficient reparations . Charitable Use raised by a defective Will . And the rest of the Profits of the same Rents , after the discretion of the said Feoffees , to be bestowed yearly upon the Reparation of the High-way between Wyel-Elm and the Town , and between Neusted-Cross and the Town , where most need is , or shall be .

John Collison and Lettice his Wife , being both dead , the Commissioners in Kent , upon the Statute of 43 Eliz . for Charitable Uses , made a Decreé for the imployment of the Profits of the Lands , upon the repair of the said Way ; which Decreé was 13 July . 13 Jac .

The Question was .

Forasmuch as this Will was made before the Statute of 32 H. 8. and the Land not in use ; Whether it shall be said , a Limitation , Appointment , or Assignment , within 43 Eliz . to warrant the Decrée .

The Case was referred to the two Chief Iustices , Mountague and Hobart , who having heard Counsel on both sides at Serjeants Inn , did certify the Lord Chancellor , 3 Junii , 1617. in these words :

May it please your Lordship , We have considered of the Case hereunto annexed , according to an Order of the 25 of April last , in the presence of Council Learned of both Parties . And we are of opinion , that the intended Devise made by the said Iohn Collison , by his Will , is a Limitation or Appointment to a Charitable Use , to be relieved by the Statute of 43 Eliz . Cap. 4.

Vpon which Certificate , the Lord Chancellor did confirm the Decrée , notwithstanding the Exceptions put into it by one Rolt an Infant , to whom the Land was descended . Moors Rep. Case 1251. Rolt's Case .

CASE 13. Sir Thomas Middleton's Case , 1590.

Money abated of Soldiers wages . SOldiers and Mariners , by a voluntary Contribution amongst themselves , abate , out of their Wages of 6 s . a month , 4 d . by the month ; and he which taketh 5 s . by the month , 3 d . by the month , B. Wildes Reports fol. 286. and appoints this to be paid to Sir Thomas Middleton , to the intent that he shall imploy it for relief of maimed Soldiers and Mariners , upon the Seas , their Wives and Children , and Sir Thomas receives , by this appointment , 400 l. which he keéps in his hands about 20 years . This voluntary Contribution was made by the Mariners and Soldiers attending Sir Francis Drake , Power of Commissioners . and Sir John Hawkins , in their Voyages to the West Indies , upon a Commission upon the Statute of Charitable Uses ; this voluntary Agréement and Constitution of the Soldiers and Mariners , was proved before them , To give damage . and that Sir Thomas Middleton had received , by reason thereof , 400 l. which he had detained in his hands 20 years . The Commissioners make a Decreé for payment of the said Money , with some Damages ; and upon Appeal to the Lord Keéper , he confirmed this Decreé . Moors Rep. Case 1152.

CASE . 14. Rivetts Case . 15 Jac .

Copyhold given to this use . A Copy-holder of Land in Fée , Deviseth the same to a Charitable Use , without a Surrender , Commissioners make a Decrée for the Land , and , upon Appeal , the Decrée was confirmed ; for although it be a void 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 Heirs , 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 dyed , 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 Uses , by Fraud and Covin , betweén him and Flick , to discharge this Land of the Charitable Use ; upon which Commission it was proved before the Commissioners , Commission sued out of Fraud to void the Use . that Flick had any notice of this Charitable Use ; but it was proved , that the Heir that sold the Land , had Assetts , both in Law and Equity , to give allowance out of his Estate , to maintain this Charitable Use : Whereupon the Commissioners Decréed , That the Son and Heir , should grant out of his own Land , the sum 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 Decrée , that Flick should hold his Land discharged of the Charitable Use : and this Decreé 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 Keéper confirmed it : Afterwards the Parishioners 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 betweén 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 ann. And fourthly , that the Heir had not paid the five Marks , decréed by the former Commission to be paid ; upon all which proofs , the latter Commissioners Decrée Flicks Land for maintainance of the Charitable Use appointed ; and the Iury having found the former Commission to be prosecuted by Fraud and Combination , as aforesaid , they Decrée 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 Decreé , that the Heir that ought to have paid the five Marks per ann. for divers years , and hath not paid it at any time , should pay the Arrearages , and then his Land to be discharged from further payment of it . This latter Decreé being certified in the Chancery , Flick took exception , that the second Commission issued out illegally , there having béen a former Commission and Decrée , to discharge the Land of the Charitable Use , which was confirmed by Decrée of this Court , which ought to be Final , 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 Kéeper did confirm the second Decreé , because of the Fraud and Combination betwéen the Heir and Flick , in suing out the first Commission , which was found by the Iury , and proved before the Lord Keéper ; and therefore he now reversed the first Decrée , and confirmed this ; for that by the Law ; Fraus & dolus nemini patrociniam debet ; but if a Decrée be legally made without Fraud by the Commissioners for Charitable Uses , and upon Appeal this is confirmed in the Chancery ; and where a Decreé is made by Commissioners for Charitable Uses , and this Decreé confirmed in Chancery , if the Decreé be not performed accordingly : now no Commission néed be sued out , for upon an Affidavit made of a breach of the Decreé , an Attachement , and other Process of course is to issue out to compell the parties concerned , to perform the Decrée ; yet if a second Commission do issue out , it is not illegal , if nothing be decreéed against the first Decrée ; and upon this second Commission , they are to decrée by form of the first Decreé , if they find a breach . See it in Moors Rep. Case , 1153.

CASE 15. Bernard Hide's Case .

This Case is in B. Wildes Mss. fol. 286. TRinity 4 Car . Bernard Hide's Case against the Parishioners of Gillingham , Dartford , and Sutton in Kent .

Katherine Banne grants , by Déed , a Rentseck 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 36 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 14 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 Decreé , that Hide shall pay all the Arrearages for 36 years , and also the Arrearages of the nomine poenae for 7 years , being the time he had enjoyed the Land , Power of the Commissioners . and decree that the Grantor shall distrain for the Rent for ever after . And the Commissioners Decreé being returned in Chancery , the Lord Kéeper referred it to the Iudges , who resolved these points :

To order pay of Arrears . First , That Hide should pay all the Arrearages for 36 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 .

Purchasor , how chargeable with the Use . Thirdly , If Land or Rent be given to a Charitable Use , and mis-imployed , a Purchasor which hath notice of the Gift , shall not be further charged than 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 , Notice to be given . 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 collateral 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 Arrearages of the nomine poenae , because it was a personal charge upon the Heir , who ought to have paid the Rent , and it doth not charge the Land .

Sixthly , when the Heir , or others , Power of Commissioners . charged to pay a Charitable Use , do break the Trust , the Commissioners may transfer the Trust unto others , as to the Church-wardens , To transfer a Trust . or other Parishioners of the Parish , where the Charitable Use is to be distributed .

Lastly it was resolved , That if a Rent-seck be granted to a Charitable Use , the Commissioners , by their Decreé , cannot make this a Rent-charge , by adding a clause of Distress , unless 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 . 2. Car . 1. Thomas Windsor , and the Inhabitants of Farnham , no Bill of Review , Croke 3 Part , fol. 40.

CASE 16. Mich . 14. Car . Plate and the Master and Fellows of S. Johns Colledge in Cambridge .

PLate being seized of Coppy-hold Land in Tail in High-Gate in Middlesex , surrenders this , in Court , Coppyhold Land . to the use of his Will , and suffers a Recovery in the Court of the Mannor , in which no Iudgement is given against the Vouchée , and after deviseth by his Will , this Coppyhold Land , and all his Fréehold Land to his Wife , for life , the remainder to the Master and Fellows of S. Johns Colledge in Cambridge , Devise to this use . for maintainance of the Scholars 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 Iudgement he given against the Vouchée , to have in value , in case of a common Recovery to cut off an Estate-Tail , that it is a void Recovery , and will not cut off an Estate-Tail , And as to the Wife , Recovery . 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 Kéeper did declare , That the Devise is good to them by the Statute 43 Eliz . 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 Kéeper said , That although the Colledge was incorporated by another name than 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 avoid the Estate-Tail 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 maintainance of Charity ; as it is in other Cases upon Statutes for Piety and Charity .

CASE 17. 13 Jacobi , Jesus Colledge Case in Court of Wards , referred to the Judges .

Devise to this Use . DOctor Floyd seized of Lands in Capite , Deviseth them to Jesus Colledge in Oxford and their Successors , to find a Fellow there , which should be of his Bloud and Alliance ; and it was referred to the Iudges , whether this Devsse 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 void by the Common-Law ; yet the Statute of 43 Eliz . for Charitable Uses , 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 void , and not made good by the Statute , for want of a capacity to make a Will by Law . Lo . Ho . 136.

CASE 18. The Lord Edward Mountagues Case in the Court of Wards , 17 Jac .

Devise to this Use . SIr Walter Mountague seized in Fée 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 maintainance of a Charitable Use in Wales ; and upon a Reference to Hobart and Tanfield , they resolved , this Devise to be void , 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 . Seé Doctor Floyds Case before in Jesus Colledge Case .

CASE 19. Seymor against the Poor of Twyford , Trinity 1634.

MOney was given to Charitable Uses , Power of Commissioners . 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 Decreé was confirmed by the Lord Keéper . So in the Case of the Lady-Mountague of Ilford , To order Damages . 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 decreéd her to pay 20 l. for the detaining this Money , for Vse and Principal ; and the Lord Keéper Coventry confirmed this Decrée about 12 Carol .

CASE 20. The Poor of East Greenstead against Howard , 8 Carol . & 10.

REsolved by the Lord Kéeper upon Appeal , Decree of the Court , alterable . to alter or confirm a Decrée made by Commissioners upon the Statute of Charitable Uses , the Decrée is not perpetuated , and not to be altered but by Act of Parliament , and is to remain in the Pety Bag , and it is in his power to make a Decrée good , where it is defective .

CASE 21. Hungate on the part of the Inhabitants of Sherborn , 3 Carol .

A Debt owing by Statute , Bond , Iudgement , Thing in Action given to this Use . or Recognizance , which , in Law is , a thing in action , was given for the creation of a School , and this was decreéd to be a good appointment , within the Statute , to maintain a Charitable Use .

CASE 22. Steward against Germyn , 41 Eliz .

ONe having Lands and Goods , appoints by his Will , Devise to this Use . that the same shall be sold to maintain a Charitable Use ; and doth not appoint by whom the sale shall be made ; Incertainty . the Commissioners do , by their Decrée , appoint , That J. S. shall sell these Lands and Goods , and decrée 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 Decrée was confirmed by the Lord Kéeper , upon an Appeal to him .

CASE 23. Hellams Case 5 Caroli .

A Devise Devise . was made of Lands to the Company of Leather-sellers in London , to maintain a Charitable Use there , upon a Decreé by Commissioners , to settle the Lands upon the Company , Mistaken . 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 Decrée was confirmed , there being many Presidents in it .

CASE 24. The School of Rugby in the County of Warwick , 2 Caroli .

In what County the enquiry must be . ONe seized in Fee of Houses in Grays-Inn lane , London , gave these Houses to certain persons in Trust , to build a School at Rugby in the County of Warwick ; and upon breach of the Trust , a Commission was taken out in Warwickshire , to enquire of this Gift ; and by a Iury there , the Gift and breach of Trust was found , and a Decrée made by the Commissioners in that County , to settle the Lands according to the Donors Will : And upon an Appeal the Decrée was reversed ; for the Inquisition and Decree was not made , nor found , by Iurors and Commissioners of the County where the Lands , given to such uses , do lye : The words of the Statute are , To enquire by the Oaths of twelve Men , or more of the County , of such Gifts , Limitations , and Appointments , and of the breaches of Trust of such Lands and Goods , &c. which is intended to be by Iury and Commissioners of that County where the Lands do lye .

CASE 25. Kensons Case . 41 Eliz .

REsolved , That a Copyhold Copyhold . may be charged or given to a Charitable Use .

CASE 26. Wingfields Case , 4 Car .

Gift to this incertain . MOney was given for the good of the Church of Dulk , and this was resolved to be a good Gift , notwithstanding these general words .

CASE 27. Goffe cont . Webb . 44 Eliz .

Devise to this Use . HUnt seized in Feé of the Rectory of Haynes , in the County of Wilts , devised the same to be sold , and the Money to be distributed unto twenty of the poor of his kindred ; and by Egerton and Popham , this was adjudged a good Devise , notwithstanding it doth not apppear , that he had any poor Kindred .

CASE 28. Champion contra Smith , 3 Jac .

RIdley seized of Coppyhold Land Copyhold-Land . in Barking in Essex ; did devise the same to the Parson and Churchwardens of 〈◇〉 in Thamestreet , London , to the end , that they , and four honest men of that Parish , should sell this Land , and imploy the Money for the Poor and Charitable Uses in that Parish . And upon an Appeal made , it was objected , Devise to one mis-named . That the Devise was void , because the Parson and Churchwardens were not a Corporation to take Lands out of London , nor to sell it for such Vses ; but it was decreéd , That the Devise was good , and that they had good authority to sell the same .

CASE 29. Stoddard , 20 Jacobi .

SToddard devised by parcel , a yearly Rent of 10 l. per ann. for ever out of his House , called the Swan , with 100 Marks in the Old Jury , London , for maintainance of two Scholars in Oxford and Cambridge , and willed , That one Hugh the Scrivener should put it into writing ; which was done accordingly : and this being found by Inquisition , was decreéd , and the Decreé confirmed upon an Appeal ; for although by Law a Rent cannot be created or granted without Deéd , or Will in Writing ; yet this Nuncupative Will was good , Nuncupative Will of Rent decreed . to create the Rent to a Charitable Use , by the words of the Statute , or limitation or appointment ; for although it be not a good Gift , yet it is a good Limitation or Appointment .

CASE 30. Mayor and Burgesses de Reading , contra Lane , 43 Eliz .

A Devise was made to the poor People , Devise by mistake to this Use . maintained in the Hospital of St. Lawrence in Reading for ever ; Exception was taken , That the Poor were not capable by that name , for that they were no Corporation , yet because the Mayor and Burgesses were capable to take Lands in Mortmain , and they did govern the Hospital : It was decreéd , That the Defendant Lane should assure the Land to the Mayor and Burgesses for the maintainance of the said Hospital .

CASE 31. Mayor of Bristol against Whitton , 8 and 9 Caroli .

A Man deviseth Money to a Charitable Use , to be bestowed amongst poor People , and the other of his Goods to be imployed for such Vses as his Feoffeés shall think fit . Resolved by the Lord Keéper , and the Certificate of two Iudges , That although Bristol be a Corporation , yet the Devise to them is good .

CASE 32. Fisher against Hill . 10 Jac .

WHen no Vse is mentioned or directed in a Déed , it shall be decréed to the use of the Poor , although the Feoffées be Gentlemen living out of the Town , and no Inhabitants within the Town .

CASE 33. Peacock against Thewer , Mich . 14 Car .

Purchasor , how chargeable with the Use . LAnds are to be given to a Charitable Use , if a Purchasor buys these Lands , not having notice of the Charitable Use , it shall not bind the Purchasor ; but if a Rent be given out of Lands to a Charitable Use , and a Purchasor purchaseth the said Lands for Money , not having notice of the Charitable Use , yet he shall pay the Rent , for that he doth not purchase it , but the Land out of which the Rent issueth it ; but he shall not pay any more Arrearages of the Rent than what was incurred during his time of Purchase ; Who must answer the Profits of the Land . but every occupier and owner must answer the Arrearages for his own time . Seé before , Parkhursts Case , and the Inhabitants of Woodford ; and Bernard Hide's Case , before .

CASE 34. 2 Caroli , Pennyman against Jenny .

LAnds were given to Churchwardens of a Parish , to a Charitable Use , although the Devise be void in Land ; it was decréed good in Chancery , by the words , limited and appointed within the Statute .

CASE 35. Trin . 15 Car . Pember against the Inhabitants of Knighton .

Charitable Use what . MOney was given to maintain a Preaching Minister ; this is no Charitable Use named in the Statute , yet by the Lord Kéeper and two Iudges , it was decreéd to be good , and the Use a Charitable Use , within the equity of that Statute : and the Executor was ordered to pay that Money to the Charitable Use , for maintainance of it . Prop . Rep. 139.

CASE 36. Trin . 15 Car . Penstred cont . Payer .

By Bill . A Deviseth 20 l. per ann. to a Preaching Minister , and makes his Wife Executrix , Who chargeable with this Use . Executor . and dies , leaving Lands and Assetts in Goods ; the Executrix refuseth to buy Lands , or a Rent of that value ; the Lord Keéper and two Iudges decrée , the Executrix to buy Lands to that value , and to assure it for the Charitable Use . Salop . Uppington .

CASE 37. Trin . 15. Car . Bramble against the Poor of Havering .

A Feme Covert maketh a Will , Devise of the Use by a Feme Covert or Infant . and deviseth 30 s . per ann. out of some of her own Lands , to a Charitable Use ; the Heir submits himself to an Award , and is bound to perform it ; the Arbitrators do award the payment of it : yet by Decree , the Heir is discharged to pay it , and that the Devise was void , ab initio ; so of an Infant , and other persons disabled in Law , to make a Will , or to Devise Lands .

CASE 38. Mayor de London's Case .

LAnds were devised to the Mayor and Chamberlain of London , Devise to a Corporation mis-named . to the use of the Master and Governors of the Hospital of St. Bartholomew , London , Resolved , That Devise is good , although the Corporation be not incorporated by that name , but by the name of Mayor and Commonalty ; for the intent of the Devisor shall be observed : and it appears that the Devisor intended to give it to the Corporation of London : Also the Will is , to maintain an Hospital , which is a Charitable Use , which the Law ought to favour .

CASE 39. Pauperes de Chelmsford , and Sir Henry Mildmay , Mich . 1649.

KIng Edward the VI . founded a Freé-School in Chelmsford , and made it a Corporation of Guardians , Master and Vsher , and gave Chantrey to them and their Successors , to the value of 300 l. per ann. at this day , to maintain the Master , Vsher and certain poor People in Chelmsford and Moulsham , and appointed that the Rents , Issues , and Profits of their Lands should be imployed for their maintainance , 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 Humphrey Mildway , and the Heirs males of his body , should be Governours 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 near Chelmsford , being the chief man that received the Rents , Lett 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 special Visitors appointed , and so within the Proviso of the Statute : Powers of Commission-over Visitors and Trustees . Secondly , For that the Decree is against the Founders intent , who would have none under the Degree of a Knight , to be a Governour ; to which was answered , That when the Visitors break the Trust , they may be questioned by decreé of the Commissioners , as in the Case of the School of Morpeth , and other Cases before cited . Thirdly , That the general intent was of Edw . VI . 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 near Chelmsford . But the Lords Commissioners reversed the Decreé , 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 .

CASE 40. Christs Hospital and Hawes , The Case where a Tenant in Capite , Devised all his Lands to a Charitable Use .

T. H. seized in Fée of the Mannor of L. held in Socage , and of 54 Acres of Marsh-Land , held in Capite , deviseth all the Soccage-Lands to C. Hospital 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 paid . Ann the wife of Tho-Hawes .

Part of the Soccage-Lands Devised to the Hospital , is by Commission of the Court of Wards , set out to N. H. the Heir , Nicholas Hawes . for his third part , A. H. dies , and the Hospital pays the 1000 l. The Commissioners for Charitable Uses , have decréed to the Hospital , all the Soccage-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 Soccage-Lands devised , or but two parts only . It was agreéd , That by the Statutes of 32 and 34 Henry 8. the Devise is void for a third part . But it was insisted upon , that although the Devise be void for a 3 part by those Statutes , yet this is such a Limitation and Appointment within the Statute of 43 Eliz . as doth well enable the Commmissioners for Charitable Uses to decrée the whole .

Charitable Uses good , albeit it be defective in the Gift . First , That it hath beén 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 disposable by him . And upon this ground it hath beén held , That if a Coppyholder doth dispose of Copyhold Lands to a Charitable Use , without a Surrender , or if Tenants in Tail do convey Land to a Charitable Use , without a Fine ; or if a Reversion be granted without Attornment or In rollment , and divers other the like Cases : yet these defects are supplyed 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 supplyed by this Statute : and this difference is resolved in Collisons Case , 15 Jac . in the Lord Hobarts Reports , fol. 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 Kéeper , upon complaint to them made , to adnull , diminish , alter , or inlarge any Decreé , 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 , special regard is to be had , to the intent of the Donor ; and this power of adnulling , diminishing , altering , or enlarging Decreés , made by the Commissioners for Charitable Uses , is appropriated solely to the Lord Chancellor , or Lord Kéeper , and not to any other , and to proceed therein according to Equity and good Conscience .

Thirdly , Griffith Floud . 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 seized in Feé of Lands in Cardigan , 1571. in Aug. 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 principal Fellows and Schollars of Jesus Colledge in Oxford , and their successors , to find a Scholar of his Bloud from time to time , and dyed : the Lives ended , B. L. the Heir of G. L. being the Kings Ward , entred , and upon a Case made hereof in the Court of Wards , and by order of that Court , brought to the Lord Hobart , then Chief-Iustice of the Common-Pleas , and the Lord Chief Baron Tanfield , to be resolved of by them , who agreéd , 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 clearly within the relief of the Statute of Charitable Uses of 43 Eliz . under the words Limited and Appointed ; and so it was Decréed , That the Colledge should enjoy it against the Ward and his Heirs .

The Case of Collison 15 Jacob . 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 Feoffées ( as he called them ) in the said H●use , to keép it in Reparations , and to bestow the rest of the Profits upon the reparation of certain High-ways there ; Collison and his Wife dyed , 23 Car . 2. int. Higgens and Mayor South . Adjudged by the Lord Keeper and Mr. Justice Wild for the Hospital . and the House descended to O. B. an Infant . This Case being in Chancery , between the Parishioners and B. was referred by the Court to the Lord Hobard , and the Lord Chief Baron Tanfield , who resolved it clearly , that though the Devise were utterly void , yet it was with●n the Relief of the Statute of 43 Eliz . within the words , Limited and Appointed to Charitable Uses .

This Decreé was desired to be confirmed by the Lords Commissioners , Keépers 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 Hospital . But the Parties agréed .

CASE 41.

IN Mich . 14 Jacob . in the Exchequer , Standish and Short , in an Ejectione firmae , on a Lease made by the Parson of S. John Evangelist in London , on a special Verdict , the Case was , That a House in London , where by Custom , any Frée-man may , by his Will , Devise in Mortmain in Fée , in Tail , for life , or years , &c. That W. D. ( such a day ) was seized , &c. made his Will in Writing and devised the House thus : Devise Expound .

First , he devised a Quit-Rent of 40 s , a year , to the Parson of St. John Evangelist , and his Successors , to pray for Souls , and devised to the Parson and his Successors , a Chamber , with two Cellars , lying on the North-side of the House , to pray for Souls , with this subsequent Clause .

Superstitious Uses , and good Uses mixt . Item , Lego & ordino , quod unus Capellanus celebret in Ecclesia Sancti Johannis praedict . Statim post decessum meum pro Anima mea & Animabus praedictis , & quod idem Capellanus percipiet annuatim de Tenemento meo , 8 Marks pro stipendio , & volo quod idem Capellanus ad matutinas missas & omnibus aliis horis Canonicis in Ecclesia predicta intersit per dispositionem Rectoris ejusdem , qui pro tempore fuerit , & de residuo fi quod clarum fuerit ultra solutionem dict . tenementi . Volo , quod Richardus Filius , Elizabethe Uxoris meae scholatizando adjuvetur quousque ad legitimam aetatem pervenit , ad ordines sacerdotales percipiend . & cum Sacerdos fuerit ; Volo , quod idem Richardus dictum Cantarium occupet protermino vitae suae si voluit ; Et si non de residuo tenementi praedict . Neque de cantario nihil percipiet , sed Rector antedictus qui pro tempore fuerit , & 4 Magistri sufficient . Parochiam Praesentent , & invenient unum Capellanum ad dictum Cantarium occupandum in perpetuum de tenementis meis in dominica Parochia non legatis ; Salvo quod lege de dictis tenement . meis Rectoribus & successoribus suis illam mansionem quam J. S. modo tenet reddend . inde Annuatim tot . quiet . Reddit . de omnibus tenementis meis exeunt . Item volo quod si Dominica Cantaria pro defectu dict . Rectoris , vel Successorum suorum retardavit , & ultra 40. dies inoccupat . fuerit , quod dict . camer . solarii , & mansiones erunt Gardianis de ponte . Et id quod clarum fuerit , & residuum ultra solutionem & reparationem praedict . Volo , quod ponatur sub custode Rectoris , & 4. Parochianorum ad providend . ornamentum & libros Dominicae Ecclesiae .

The Devisor dyed , seized of the Tenement ; and they found the Messuage ( in question ) parcel of one of the Tenements in the Will , out of which the Testator did ordain , That the Chaplain should have 8 Marks for his stipend ; and that H. T. was Parson of the said Church , at the death of the Devisor , and the Church void by his death ; and the Lessor was presented , admitted , instituted , and inducted , and he entred into the House in question upon the Defendant , and did expell him , and made the Lease to the Plaintiff , who entred , and was possest , until the Defendant ejected him ; Prayed the opinion of the Court .

The question was , Whether the Parson by this Devise should have the Houses , the said 8 Marks limited , to be paid to the Chaplain , or not ?

In this Case , it was adjudged , That the Land was not demised to the Parson by this Will ; and Iudgement given for the Defendant . Bridgemans Rep. 106.

CASE 42.

IN Hill . 7 Car . B. R. In Lancelot and Allen's Case , in Trespass on a special Verdict , the Case was this : Devise Expound . That one C. was seized in Fée of the House in question , in S. Swethins , and other Houses in St. Olives , in London ; and the Custom was found , ( as in the last Case ) And he devised the House to the Parson of St. Martins Orgars , and his Successors , to find yearly one to sing Mass in the Church of St. Orgars , every day , and that there should be paid unto him Ten Marks by the year . And he devised the House in question to his Wife for life , to find an Anniversary , and expend thereupon divers sums , amounting to 3 l. 6 s . 8 d . and after her death , Superstitious Uses , and good Uses mixt . to the Parson and his Successors , finding the said Anniversary . And further appointed to the Church-wardens 6 s . 8 d . for their pains , to sée it observed . Et quod superfuerit , over and above the said Charges , he Wills shall remain in the hands of the Church-Wardens of Martins Orgars ; Ad manu-tenendum Capellanum praedictum , & ad emendandum & reparandum dictam Ecclesiam de St Martins Orgars , & Ornamenta ejusdem Ecclesiae secundum eorum discretionem . Proviso semper , quod si contingerit praedict . terras & Tenementa in St. Swethins , in aliquo casu fore minoris valoris quam decem Marcis . per quod Capellanus praedictus , ut praedictum est invenire non poterit , tunc volo quod totum , quod de praedicta annuali summa de decem Marcis , haberi & levari non poterit , haberetur & levaretur de proficuis tenementorum praedict . in St. Olives , by the said Parson and his Successors ; ad opus & sustentationem dicti Capellani in perpetuum . And they found that the Tenements in St. Swethins , at the time of the Will making , and before , were but of the yearly value of 6 l. 5 s . And the Tenements in St. Olives , at the time of the Will , and always after , until the time of the Statute of 1 Ed. 6. were of the value of 24 l , 10 s , per annum ; and that the Priest , and the said other uses , were employed and maintained , until the making of the said Statute of 1 Ed. 6. And that the Plaintiff claimed as Lessée of the Parson , and the Defendant claimed under the Patentee of the King . And whether the Parson of St. Martins Orgars bad Title to the Tenements of St. Olives , was the question . And it was held by all the Court , That if this Proviso had not béen added , the Lands had been clearly given to ●he King by the Statute of 1 Ed. 6. as Lands given for the maintainance of a Priest . For the Clause for those Lands of St. Olives was limited , Quod superfuerit , after the Anniversary maintained , shall be ad manu-tenendum Capellanum praedictum , & reparandum Ecclesiam & ornamenta ejusdem Ecclesiae , the Superstitious Vses being certain ; and the good Vse ( viz. ) ad reparandum Ecclesiam & Ornamenta ejusdem Ecclesiae , uncertain ; the Superstitious Vse certain , shall cause that all shall be given to the King . But Richardson Chief-Iustice , Jones and Whitlock conceived , That by the Proviso it appears , it was his intent the Priest should have but 10 Marks ; and what was wanting in the value thereof , should be supplied out of the Tenements in St. Olives : so that nothing was given to the Priest , but the 10 Marks ; therefore the Land of St. Olives was not given to the King . But Crook Iustice doubted thereof , and conceived all to be given to the King ; for the Proviso doth not alter it . For in the first Clause , all the profits of those Lands , after the Anniversary found , is given for the maintainance of a Priest indefinitely , and to the Reparation of the Church , &c. And the Provisos doth not abridge it : For that appoints what is wanting in St. Swethins , shall be made out of of St. Olives ; and so to pay the 10 Marks first appointed , so as he shall have the 10 Marks , de certo , out of both the said Tenements in St. Swethins and St. Olives . But that doth not take away the Clause , that the residue of the Profits of the Tenements in St. Olives , shall be to the Parson , ad sustentationem dicti Capellani ; And of this opinion was Hide , Chief Iustice when he lived . But it being moved again in Sir Tho . Richardson's time , he agréeing with Jones and Whitlock in their opinions , it was adjudged for the Plaintiff ; That this Land was not given to the King . Crook , Rep. 1. 180. 181.

CASE 43.

IN Hill . 37 Eliz . Rot . 715. between Partridge and Walker , Devise . Mixt Uses , Charitable Uses . Superstitious Uses . in the King's Bench , the Case was ; One Hill Devised Houses in London , to the Parson and Churchwardens of the Church of St. Brides , to find , for ever , his Anniversary , appointing upon it 20 s . and to pay to the Poor 5 s . 6 d . in honorem & duplicationem annorum in quibus Christus vixit in terra . And it was adjudged , That the Land was not given to the King ; for the last payment was good Cook 4. 116.

CASE 44.

PAsch 2 and 3 Ph. & Ma. Rot . 186. in the Kings Bench , Whetston's Case ; It was adjudged , That where Lands were given to find an Obit in such a Chappel , appointing a certain sum upon it , and that the residue should be imployed for the reparation of the Chappel , in which the Obit should be celebrated . In this Case it was adjudged , that all the Land was given to the King , for the one doth depend upon the other . And by Popham this Case cited , Pasch . 10 Eliz . Rot . 398. One Draiton seized of Lands in Feé in London , Devised it to the Dean and Chapter of Pauls , Charitable and Superstitious Uses . on condition that they find two Chaplains to pray for his Soul in a Chappel newly built by him , and to pay to them for their Salary 13 l. 6 s . 8 d . and to find an Obit , appointing upon it a certain sum , and to repair the Chappel , and this found within the 5 years : yet it was adjudged against the King .

CASE 45.

IN Trin . 30 Eliz . Rot . 709. betweén Adams and Stakes , in the Kings Bench ; the Case was on a Demurrer . William Dunston Devised Land to the Parson and Churchwardens of St. Botolphs , on condition to find a Priest , Mixt Uses . and that he have for his Salary 6 l. of the Issues and Profits of his Lands devised . Also he devised yearly for ever to the Prisoners of Newgate and Ludgate 13 s . 4 d . at the day of his death , Charitable & Superstitious Uses . to pray for his Soul , besides the said sole Priest ; the residue for the reparation of the Tenements , and augmentation of the Priests portion . And the Land was given to the King . For praying for , although it were out of a Church or Chappel , was superstitious , and the augmentation of the Priests maintainance incertain . Cook . 4. 116.

CASE 46.

IN Trin . 20 Eliz . Rot . 589. Betwéen Colborn and Dale in the Kings Bench , on a Demurrer , the Case was : Thomas Wills , 12 Ed. 4. devised Houses in London , worth 24 l. per ann. to his wife for life , the remainder to the Parson and Church-wardens of St. Edmonds and their Successors , and devised , that his wife , during her life , and they in remainder , should find a Priest to say Divine Service , at the Altar in the Chappel of our Lady , in the Church of St. Edmonds , for the Souls , &c. And that the same Priest should be aiding and assisting to Divine Service in the Church ; And that his Wife , for her life , and they in remainder after , should pay to him for his Salary , 6 l. 13 s . 4 d . Further , he devised , that they found with six Priests , and appointed 22 s . certain , to be imployed upon it ; whereof part to be distributed amongst the poor of the Trade of Drapers , Superstitious Uses . which should come to the said Obit , and could not come . Also , he appointed 16 d . yearly to the Parson of St. Edmonds , for the beading of Beads ; every Sunday 3 s . 4 d . to the Fryers of St. Augustin , to pray for his Soul . Also , 4 s . yearly to be paid to the Preacher at Pauls upon Good-Friday . To thrée Preachers at the Spittle , to commend his Soul to the Prayers of the People , 13 s . 4 d . Also 3 s . 4 d . to the Wardens of the Company of Sheérmen , to distribute amongst the poor Alms-men of that Trade ; to the intent , that those of the Wardens , with 8 or more of the said Company , upon warning , should come to his Obit , Also , he appointed Accompts yearly to be taken ; and that the Church-wardens of St. Edmonds should have the Letting and Setting of his Lands ; and the Churchwardens of St. Mary Woolnaugh should come yearly , and have for their pains 6 s . apiece ; and the Churchwardens of St. Edmonds to have 6 s . 8 d . And 11 s . 4 d . yearly , he appointed for the finding of Books and Ornaments , and Vestments of the Chappel , where he appointed his Obit to be celebrated ; And that all the Revenue coming of the Premisses , shall be in several kéeping , separated from other Moneys , in a Chest , for the reparation , and new building of the Tenements : And it was adjudged , that the Houses were given to the King : for all the Vses were either Superstitious , or were depending upon the Superstitious Vses ; or tending to the maintainance and continuance of them . Cook 4. 116.

CASE 47.

IN Adams and Lambers Case , Cook 4 , These things amongst others , were Resolved :

1. That if A. Devise to any of his kindred , to Superstitious Vses ; and though he had limited them to pay certain sums of Money to those Vses , Superstitious Uses . yet are those Lands given to the King : No other consideration shall be supposed , but that which they in those times thought to be the Service of God . This was the most worthy Consideration , and Reason , for which the Devise was made to Friends ; more Trust was imposed in these , then in others : Therefore were these pick'd out , and therefore the persons are not to be regarded .

2. Devise of an Estate for Life , or in Tail , as within the Statute by Equity , though it says , To have continuance for ever ; The intent of the Statute , was , to extinguish those Vses ; it regards not the time of their continuance . 2. Estates Tail may continue for ever ; and this was the intent of the Devisor , that the Vses should continue for ever ; for here , when it is come to him , is to do as much ; without this construction the Statute would be eluded .

3. The Statute wills , That Lands assigned for the finding of a Priest , &c. belong to the King , then to give Lands on condition to find a Priest , must be within the Statute , as more compulsory than the other .

4. The whole Land was given to the King , but not by the first Branch ; that extends only to lawful Chantreys , or such as have the countenance of a lawful beginning ; not to those that want the colour of such lawful beginnings ; as where the Popes Licence lays the first Stone . This is a Chantry without colour of a lawful Foundation , so where the Gift is to find a Chantry without a Corporation , this is out of that Branch . Now by the second Branch , that gives the Land belonging to such Colledges to the King , without which , only the scituation had béen his . By the third Branch , which reaches to the finding a Priest without Corporation . It was said , That the Land was not given to the finding a Priest , only a Pension was appointed him out of it ; and the Statute speaks thus , The King shall have it in large ; &c. as the Priest had ; then that a good Vse was limited , 6 d . wéekly to six poor Men ; and though he added , To pray , &c. this is not prohibited , for none but publick Prayers are within the Statute : Answered , with these differences , If 20 l. be given yearly to find a Priest , though his share is to be but 10 l. by the year , all is given to the King , the rest shall be intended to find necessaries : Otherwise , if a Condition were fixed to the Gift of 10 l. the year , there the King shall not have more then the 10 l. Secondly , 20 l. the year assigned , 10 l. to find a Priest , and the other 10 l. to the Poor , the same ; were it generally to find , &c. And for maintainance of poor Men , without limitation what the Priest shall have ; the King must have the Land or nothing ; Thirdly , 20 l. Land , &c. for the sallary of a Priest 10 l. some other Necessaries are to be found in certain . A good Vse limited over , the King shall not have more than 10 l. a good Vse in certain shall be preserved before a Superstitious Vse in certain ; if nothing be limited in certain to the Priest , the King has all ; Fourthly , if only a stipend be limited , no more but the stipend : Fifthly , after the sum to the Priest , Vses follow , not forbidden , but depending upon the Superstitious Vses , nothing shall be preserved : Sixthly , So there be what certainty there can be , if they be all Superstitious ; the words , In as large , &c. They refer to the First , Second , and Fourth Branches , not to the Third , else the King shall never have the Land it self , which was never limited to the Priest ; and though the Prayers were to be made out of the Church , it is within the Statute . The words Church or Chappel , extend to Lamps and Lights , not to Prayers ; It says , anniversary , or like thing ; and this is like thing , in the bare Case : These words , That his Friends should have the residue of the profits of the Land , have saved the Land , Cook 4 Part , 104. And in this Case , Good Uses . the Cases of Hewet , and Wotton , and Chibnall and Wotton were agrèed to be good Law , for two Causes in the Iudgement of them . 1. Because nothing was limited to the Priest , but 2 d . or 3 d . a wéek , which is not within the Act ; for such petit things cannot find or maintain a Priest , as the words of the Act are . And in one of the Cases , he said not Mass every Sunday , and D●rige once a year , which is within the Clause of Obits , Mixt Uses . to such like intent or purpose . ( 2. ) Admit there had béen a sufficient maintainance for the Priest , yet because there were good Vses , separate and divided from the Superstitious Vse , ( viz. ) in the one Case 3 s . 4 d . for the Poor , &c. And in the other , to find Ornaments in the Church ; for these Causes , Iudgement was given , that the Land was not given to the King . Also it was adjudged for these Reasons in Hewets Case , That the King should not have the Land ; ( 1. ) Because the Land it self was not given to find a Priest , ( and so not within the third Branch of the Act ) but to find an annual Sustentation of 10 Marks for a Priest , which is within the Fourth , and not the Third Branch . And it was Resolved , That in the Case of the Dean of Pauls ( touched by Dyer , ) That if Land be given to pay 10 Marks to a Priest , and 40 s . to the maintainance of an Obit ; in this Case , if both be found within the five years , the King will have all the Land . But in that Case , because the Obit was not found within the five years , the King could not have the Land . And therein this difference was taken , where certain sums are limited to Superstitious Vses , and one Vse is separate and divided from the other ; there the finding of one , will not give all the Land to the King , but onely the Sum appointed to the Superstitious Vse , which was imployed within the five years . But if the one Vse depend upon the other , there the finding of the Principal , or any part thereof , giveth all the Land to the King . As where Land is given to the intent , that an Obit shall be in such a Church or Chappel , and that upon the Obit , 10 s . shall be imployed and distributed to the Priest , and to divers poor persons , who shall be present at it , 6 s . 8 d . and the rest of the Profits to the reparation of the Church or Chappel ; in this case , if the Obit be maintained with any part within the five years , albeit the 6 s . 8 d . be not imployed to the poor men , nor any thing upon the reparation of the Church or Chappel , within the five years , yet all the Land will go to the King . So where certain Houses , called the Bull , were given to find a Priest to pray for Souls , &c. and other Tenements called the Swan , were given to the same Feoffeés to find an Obit to the same Feoffeés ; and the Feoffeés imployed the Profits of the several Houses to contrary Vses , ( viz ) the pr●fits of the Bull for the Obit , and the profits of the Swan for the Priest , by this all is given to the King , Cook 4 Part , 115. So if one give the Mannor of Dale , and the Mannor of Sale , to find Superstitious Vses , and they with the profits of one Mannor , find the Superstitious Vses , and imploy the profits of the other , to the use of the poor Inhabitants of the Town , or to bear the common Charges of the Town ; yet both Mannors are given to the King . But if the Feoffeés had before the five years conveyed part of the same to another in Feé , and imployed the Land , only that remaining in their hands , and none of the other Land for the Superstitious Vses within the five years , there the King shall not have the Land of the second Feoffeé . And in Trin . 18 Eliz . The Case was , A. seized of Houses in London , Devised them , 3 H. 6. upon condition , to find an Obit of 4 l. 6 s . 8 d . within the Parish of St. Mary Patents in London , spending thereat so much as the Deviseés would in their discretion● , and they expended on the Obit only 6 s . 8 d . per ann. 1. And it was adjudged , The Quéen should have the Houses ; for the appointment was incertain , albeit the imployment was certain . 2. That all the Vse expressed was Superstitious ; and therefore it was said , That if Land to the value of 5 l. be devised to find an Obit , spending upon it 3 l. per ann. In this Case , albeit a certain sum is given , yet because the Land is given to that Vse , and no other Vse expressed ; it will all go to the King : Cook 4 Par. 115.

CASE 48.

IN Pasch . 9 Jac . in the Exchequer , the Case was thus ; Edward Wickham declared in an Ejectione firmae That Skee● , 17 April , Superstitione Uses . 6 Jac . at Feamlingham in Suffolk Demised to him 30 Acres of Pasture , to have for thrée years , &c. And upon the general Issue pleaded , the Iury found , That Thomas Cooper and threé others , were seized of the Lands in question ; and the fifth of February , 24 H. 8. enfeoffed by Indenture M. B. and five others , to the Vses and Intents mentioned in a Schedule annexed ; and that was upon condition , That if they aliened to any other uses or purposes , that the Feoffor should re-enter . And the Iury also found the Schedule , which in effect was this ; viz. That the Feoffeés and their Heirs should take the profits , and therewith find an honest Priest ; by them , or the greater number of them , to be hired , and competently paid , to say Mass for the Souls of the Feoffor , and his friends ; and that by the space of 99 years then ensuing : and at the end of the said years , the Feoffeés their Heirs and Assigns , who then should be seized , should sell the Lands , and with the Money find a Priest to Chaunt for the Souls aforesaid ; and with the same Moneys or Lands also , to make further Provision for a competent poor honest Priest for the time being ( if then it could be ) by Amortization , or othewise , as they should think best , for the sure and long continuance of the said honest Priest , if so it could be continued by order of Law : The Iury found all things executed accordingly , and the finding of a Priest from the 24 of H. 8. until the 1 of Edw . the 6. By which Act the King was Entituled , Prout Lex postulat ; and that Quéen Eliz . granted to Mildmay for 21 years , upon whom Fuller , the Heir of the surviving Feoffeé entred , and made a Feoffment to Wilbey and Skreen , by force whereof they were seized , and Mildmay re-entred , and his term expiring , he obtained a new Lease , 43 Eliz . and made a Lease to Wood , and Skreen survived Wilbey , and made a Lease to Wickham , who entred , and being outed by Wood , brought this Action : and so Iudgement was given for the Plaintiff , against the opinion of Altham . The Case of Wickham and Wood . Lanes Rep. 112 , 113.

CASE 49.

SIr John Tate seized of Houses in London in Fée , and Devised them by his Will to the Company of Dyers , to repair the Houses , and find a Secular Priest for ever , to pray for Souls in the Church of St. Michael in Cornhil , paying to him a competent Living , no less then 8 Marks by the year ; and the Houses then were of greater value : And yet because it was incertain what sum the Priest should have ; and if the same had beén certain ; yet because the Land was given to find a Priest , and no good Vse limited , the King will have all , by the third branch of the Act , Cook 4. 113.

5 Car . 1. Wivelescom , in Com . Somerset .

MOneys given to the relief of the Poor , paid out to build a Conduite . Adjudged a misimployment .

5 Car . Rot . 1. LAnds conveyed to Trusteés in Trust for another , who was to maintain a Charitable Use . The Commissioners decreé the Lands against the Cestuyqui Trust , and not against the Trustées . And the Decreé adjudged good , though the Trusteés were no parties .

Eodem Rot . NOtice given to the first Purchasor , the Cestuyqui Trust , Adjudged good notice to the succéeding Purchasors .

Eodem Rot . THe Record of an Incorporation of a School , adjudged a good notice .

44 Eliz .

AN Annuity Devised out of Lands holden in Capite , to Charitable Uses , judged good .

CASE 51.

ONe Walpool , M. 23. Ed. 3. by his Will in Writing , devised Houses in London , worth 30 l. per ann. to the Company of Goldsmiths , to the intent , that they , with the Issues and Profits thereof , should find two Priests , paying to each of them 6 l. 13 s . 4 d . for his Salary : In this Case it was Resolved , That the Quéen should have the Houses , Cook 4. 113.

CASE 52.

ONe Pele Devised by his Will in Writing , certain Houses in London , to the Cloath workers in London , to the intent , that they for ever , should pay to such Priest , who should pray for his Soul in the Parish Church of Chilham , 9 l. 6 s . 8 d for his Salary . In this Case the King will not have the Houses , for they are not given to find a Priest , but to pay a Priest a certain sum , Cook 4. 13.

An Information in Chancery , by the Kings Attorney-General , at the Relation of a Relator , for the discovery of Evidences and Estates , made of Lands , given to several Charitable Uses ; and that the increased and improved Rents of the Lands may be applyed to the Charitable Uses proportionably , according to the sums to them severally , at first limited , assigned , and appointed ; And that the Lands may be set out and bounded , or the like number of Acres set out and laid together , &c. To the Right Honourable , &c.

INformeth your Lordship , Sir J. P. Knight and Baronet ; Attorney-General of His most Excellent Majesty , Our Soveraign Lord the King , that now is , by , and at the relation of R. C. of &c. in the &c. That one R. R. Clerk , deceased , in his life-time ; to wit , in or before the first year of the Reign of Our late Sovereign Lady Mary , late Quéen of England , was seized in his Demesne , as of Fée , or had a disposing power in Fée , of , and in a Messuage , and several Lands , Tenements , and Hereditaments , scituate , lying , and being , within the Mannor and Parish of V. in the County of H. containing together , 100 Acres , and upwards , and lying dispersedly in several pieces and parcels , within the said Mannor and Parish ; and being so thereof seized , the said R. R. on or about the &c. day of &c. in the first year of the Reign of Our said late Soveraign Lady , Queén Mary , did , by Indenture , under his Hand and Seal , Demise the same Messuage and Lands to one J. R. his Executors and Assigns , for the term of 99 years , or some such long term ; yielding and paying therefore yearly unto the said R. R. and his Assigns , during so much of the said Term , as he the said R. R. should live , the sum of 7 l. And also yielding and paying , from and after the decease of him the said R. R. the sum of 6l . 10s. during the then residue of the said term of 99 years , in manner following ; That is to say , The sum of 3 l. 10s. to the Master and Fellows of the Colledge of M. &c. for , and towards the maintainance of a poor Schollar in the said Colledge , 2 l. to the Minister , Constable , and Churchwardens of S. to be by them distributed to the Poor of S. aforesaid ; and 20s . to the Overseérs of the Poor of B. in the County of N. to be by them distributed , to , and among the Poor there . And that about the 20. day of J. in the said first year of the Reign of Our said late Quéen Mary , the said R. R. by good and sufficient Conveyances , and Assurances in the Law duely executed , did Convey and Assure the Reversion , Fée , and Inheritance of the said Messuage , Farm , and Premisses ; to , and upon several persons , some of them then living , in and about S. and their Heirs in Trust ; and to the intent and purpose , that after the expiration or determination of the said Lease and Term of 99 years . The said Trustées , their Heirs , and Assigns , should apply and dispose of all the Rents , Issues , and Profits of the said Messuage , Farme , and Premisses , to , and for the maintainance of one poor Scholar in the Colledge aforesaid , and in the relief of the poor of the said Parishes of S. and B. aforesaid . And by the said Déed of Conveyance , the said R. R. did appoint , That when any seven or more of the Trusteés should be dead , that then the surviving Trustées should make a new Feoffment , or some other Assurance to the use of themselves , and so many other persons as should make up the number of the said surviving Trustées , the number of Twelve upon the Trusts aforesaid , and that the same Order and Rule should be observed and continued for ever , as by the said Original Feoffment , Conveyance , or Assurance ( if His Majesties said Attorney had the same to shew forth ) it doth and would more plainly , and at large appear . And His Majesties said Attorney further informeth your Lordship , at , and by the Relation aforesaid ; That the said R. R. shortly after the making of the said Conveyance and Settlement , dyed : and that the said J. R. his Executors and Assigns , possessed and enjoyed the said Farm , during the full term granted by the said Lease ; and that the said J. R. his Executors and Assigns , from the time of the death of the said R. R. until the expiration of the said Lease , did from time to time , pay 3 l. 10 s . per ann. to the Master and Fellows of M. Colledge , aforesaid , for the time being ; and Forty shillings per Ann. to the Minister , Constable , and Churchwardens of S. aforesaid , for the time being , for the benefit of the poor people in that Parish ; and Twenty shillings to the Overseérs of the poor of B. aforesaid , for the time being , for the use of the poor of that parish . And His Majesties said Attorney , by the Relation aforesaid , further informeth your Lordship , That the said Lease of 99 years , so made by the said R. R. to the said J. R. of the Messuage , Farme , and Premisses aforesaid , expired by effluction of time , at , or about the Feast of &c. which was in the year of Our Lord God , &c. And that the same Messuage , Farm , and Premisses so given , assigned , and appointed to the said Trusteés as aforesaid , to and for the Charitable and Pious Uses afore-specified , at the time of the expiration of the said Lease of 99 years , were , and ever since have béen ( Communibus annis ) of the clear yearly value of 30l . or thereabouts . And that one full moyety , and above one fifth part of the other Moyety thereof , ought to have beén paid unto the said Masters and Fellows of M. Colledge aforesaid , for the time being , for the maintainance of a poor Scholar in the said Colledge , and near a third part of the other Moyety thereof , ought to have béen applyed towards the relief of the poor of B. aforesaid , and a proportionable rate according , to the rate of 40 s . per ann. as was first appointed , ought to have beén applyed , and disposed , for , and towards the relief of the poor people of the parish of S. aforesaid , according to the intent and true m●aning of the said R. R. the Donor of the said Farme , and Premisses . But so it is , may it please your good Lordship , That the said Original Deéd , whereby the Reversion of the said Farme , and Premisses was so granted by the said R. R. afore-mentioned , to the said Trusteés , for the Pious and Charitable Uses aforesaid , and the mean Conveyances made by the surv●ving Trustées , and whereby the Estate was continued in succéeding Trustées , being left in the said Messuage , to be there preserved , for succeéding Generations , did there remain until the time of the expiration of the said term of 99 years . And one W. K. an Assigneé of the said Lease of 99 years , being then in possession of the said Messuage , at the time of the expiration of the said Lease , one D. C. by practice and confederacy with the said W.K. and his wife , did possess himself of all the Deéds and Writings , whereby the said Estate to the said Trustées was treated , conveyed over , and continued ; and the said D. C. designing , and contributing how to defraud and defeat the said Charitable and Pious Uses , and to make a benefit and advantage thereof to himself ; he the the said D. C. did combine , and confederate himself , to , and with one E.G. late of S. aforesaid , Clerk . W.H. of S. aforesaid , Gent . W.T. of the same , Gent . F. L. of the same , Yeoman , and T. L. of the same , Yeoman ; and to , and with divers other persons , as yet unknown to His Majesties said Attorney , or the said Relators , whose names , when they shall be discovered , his Majesties said Attorney , prayeth they may be inserted into this his Information , with apt words to charge them , and that they , and every of them may be made parties hereunto , and may answer the same . And in pursuance of their said intentions , and by the combination and confederacy aforesaid , the said confederates do not only conceal , and suppress the said Deéds , Writings , and Evidences . But in the time of the late Wars and Troubles in this Kingdom , did make divers secret and other Entries into , and upon the possession of the said Farme and Premisses , and have by the combination , practice , and confederacy aforesaid , made and contrived divers secret and fraudulent Estates of the said Messuage , Farm , and Premisses , among themselves , and to , and from one another , so as neither his Majesties said Attorney , nor the said Relators , do know or can tell , who hath actually taken the profits of the said Premisses , sithence the said year of Our Lord God , &c. or who , in certain , hath had the possession of , or claimeth to have and hold the said Farm and Premisses , nor under what Colour , Pretence , or Title . And the said Confederates doe unjustly detain , and withold the Rents , Issues , and Profits of the said Farm and Prem sses , from the Pious and Charitable Uses aforesaid , and do convert and apply the same to their own Vses . And the said Confederates afore-named , the better to countenance , and colour their said practice and design , have also combined and confederated themselves , to , and with one C. E. of London , Esq ; who is Lord , or reputed Lord of the Manner of V. aforesaid , P. B. Clerk , Rector of the Parsonage of V. aforesaid , and to , and with one J. H. of V. aforesaid , Yeoman , and by the combination aforesaid , the said Confederates have taken away , removed , defaced , and destroyed the Baulks , Partitions , and Boundaries , which did separate , divide , and distinguish the same Lands and Premisses , from the Demesne , and other Lands of , and belonging to the Lord of the said Mannor , and from the Glebe , and other Lands , of which the said Confederates , or some of them , are seized , or which they or some of them do hold in Feé-simple , or for term of years , and have so intermixed and confounded the same Lands and Premisses , with other Lands , that the said Lands so given , appointed , and assigned to , and for the said Charitable Uses , cannot certainly be distinguished from the Lands of the said Confederates , nor can it now be discodered , where the antient Baulks and Boundaries thereof were . And they the said Confederates , and unknown persons , or some of them , do give out in Speéches , that they , or some of them , do hold , and claim to hold the said . Messuage , Farm , and Premisses , and the Profits thereof , as their , or some of their own proper Lands , Estate , and Inheritance . And that the same Farme and Premisses , or any of them , were never the Lands or Estate of the said R. R. and if they were , yet the same were not by him given , assigned , or appointed to any Charitable or Pious Use , but that the same are come , to them , or some of them , from the said R. R. by mean Conveyances , and are not charged or chargeable with , or lyable to pay , any sum or sums of Money whatsoever , to , or for the Charitable Uses aforesaid , or any of them ; and the better to intricate , perplexe and blind the matter , and to avoid the payment of , and accompting for the Profits of the said Premisses , to , or for the said Charitable Uses . The said C. E. by the combination aforesaid , doth pretend , and give out , That the said Farm and Lands are holden of him , or of his said Mannor of V. and that the Owner and Proprietor of the said Farm and Lands , is dead without Heir , general or special ; and that the said Farm and Lands are Escheated unto him , and threatens ; and hath upon such pretence seized , or intends to seize the said Farme and Premisses into his hands , as an Escheat . and so to hold the same to his own use . And the said P.B. by the combination aforesaid , doth claim such of the Lands so given , limited , and appointed , to , and for the Charitable Uses aforesaid , as doe lye intermixed with the Glebe-Lands of the Rectory , as belonging to him , as Rector of V , aforesaid . And he the said Confederate J. H. doth claim such of the said Lands as lye mixt with , and among his Lands , as his own proper Lands , and all their pretences and doings are by the Confederacy and Combination aforesaid , designed , done , and contrived ; to the intent and purpose , that the said Confederates may divide and share the said Farme and Premisses , and the Rents , Issues , and Profits thereof , among themselves , and utterly to defeat and deprive the said poor Scholar , and poor people thereof .

Now Forasmuch , as all the Déeds , Evidences , and Writings , which do manifest the truth of the matters , and things afore herein set forth and declared are in the hands and power of the said Confederates , or some of them , or of some other person or persods , by , or with their , or some of their party or privities , or consents , so as His Majesties said Attorney , cannot without the same , give such evidence , as may induce a Iury to find the same upon their Oaths ; and so much artifice having beén used to defeat and evade the said Charitable Uses , that there is no way to discover the truth and certainty of the Premisses , or to obtain effectual relief in the Premisses , by any procéeding upon the Statute for Charitable Uses ; nor is it possible to settle any one of the said Charitable Uses , without setling them all , which cannot properly be done by the said Colledge , or either of the said particular Parishes alone , or joyntly , and so any Decreé to be made by Commissioners , cannot well be gained ; and if it might , yet upon Exceptions put in thereunto , the same may be rendered ineffectual . And this being a Matter and Case of publick concern , and for the final settlement of the aforesaid several Pious Uses , cannot be done in any ordinary course of Law , but it is properly to be setled by this Honourable Court ; and the rather , for that it is not known to His Majesties said Attorney , or the said Relators , in whom the present Estate and Fée of the Premisses is . To the end therefore , that a full discovery of all and every the matters and things aforesaid , may be made , and that the said Charitable Uses may be preserved and setled , according to the intent of the said R. R. AND to the end , that all the Deéds , Evidences , and Writings that do concern the said Farm , and Lands , may be set forth , and discovered , and may be disposed of , as this Honourable Court shall think fit . And that the said Farm and Lands may be setled in Trusteés , and the Rents , Issues and Profits thereof applied , and disposed of , in , and for the Charitable Uses aforesaid ; and that proportionably , according to the sums to them severally , at first limited , assigned , and appointed , as is aforesaid , according to the charitable intention of the said R. R. And to the end also , That the Lands , late of the said R. R. that cannot for the present be certainly discovered , may be set out , bounded , and ascertained , or otherwise , that the like number of Acres , or Lands of the same value , with such of the same Lands as lye intermixed with the Lands of the Lord of the said Mannor , or with the said Glebe-Lands , or the Lands of the said J. H. may be sett out and laid together in some particular place and part , and so held and enjoyed , to , and for the ends and Charitable Use and Uses aforesaid . And that the said Confederates , and unknown persons , when they shall be discovered , and their names inserted into this Information , may set forth and discover , where , and in whose hands , and power , the antient Charters and Evidences of , and concerning the said Farme and Premisses , are , and the Dates and Contents thereof , and who hath received the Rents , Issues , and Profits of the same Premisses ever , sithence the determination of the said Demise thereof , for the said Term of 99 years , which did end in the said year of Our Lord God , &c. aforesaid , and by , and under what Right and Title , and how the same hath since that time beén disposed of , and what Title , Interest , or Estate , they , or any of them have , or claim to have of , into , or out of the said Farm and Premisses , or any of them ; and by , from , or under whom , and by what Conveyance . And that the said Confederates may set forth and discover what the true yearly value of the said Farme and Premisses now is , and hath beén , ever since the said year of Our Lord God , &c. And lastly , That the said Charitable Uses may be preserved , maintained , and continued to all succeéding Generations , and may be setled , established , and confirmed , by the Decreé of this Honourable Court . May it please your Lordships , to grant unto His Majesties said Attorney , His Majesties most Gracious Writ , or Writs of Subpoena , to be directed to them the said , &c.

The Replication of Sir J. P. Knight and Baronet , His Majesties Attorney-General Complainant at , and by the relation of A. B. Doctor in Divinity , Master of M. Colledge in the University of O. and of the Fellows and Scholars of the same Colledge , to the joynt and several Answers of W. T. Gent . R. L. and J. C. Defendants .

HIs Majesties said Attorney for Replication , saith , and will averre , That all and every the Matters and Things , in , and by his Information in this Honourable Court alledged , are true , in such sort , manner , and form as the same are therein set forth ; and that he is , and shall be , at all times ready to prove the same , in such manner as this Honourable Court shall award ; and thereupon prayeth Relief in the same , as he hath in , and by his said Information before Prayed . And for further Replication to the Answers of all the said Defendants , and particularly , of the said W. T. and R L. who acknowledge themselves to be Trusteés of the Farm and Lands in question in this Suit ; His Majesties said Attorney saith , That the same Farme and Lands , were wholly given and intended by R. R. the Donor thereof , to the Charitable Uses in the Information mentioned . And although the said Donor did make , and direct a special distribution of the sum of 6 l. 10 s . per ann. which was the then present Rent thereof ; yet that Lease being long since determined , and the said Farm and Lands since increased to the value of 30 l. per ann. and now Lett for so much , as by the Answers of the said four Defendants , as well as of the other Defendants doth appear , and it not appearing by the said Defendants Answers , or any of them , that it was the intent of the Donor , that any part of the Rents , Issues , or Profits of the said Farm , or Lands , should be converted by his Trustées , to their own use , or to any other use ; or that his Heirs , or that any other person or persons , but such as in the said Information are mentioned , should have any benefit thereof . Therefore His Majesties said Attorney doth averre , that the whole increase and benefit raised , and to be raised by the said Farm and Lands , do since the ending of the Lease thereof in being , at the time of the death of the said Donor , should have béen , and ought to be distributed to the Charitable Uses in the said Information , specified , according to such proportions , as in the said Information is mentioned . And that the said Defendants , W.T. and R. L. ought to account for , as well such Fine or sum of Money as hath beén raised , or made by them , or any others with them , by letting of any new Lease thereof ; as also for the surplusage of the said Rent of the said Premisses , so demised by them , over and above the said sum of 6 l. 10 s . yearly , paid , by them to the Charitable Use aforesaid , during the time , they , or any of them , have received the increased Rent of 30l . per ann. for which the said Lands have for divers years past , and are now still Demised , and which hath beén yearly paid and answered for the same ; and the said whole Rent and Profits of the said Lands received by them , or any of them yearly , ever since the new Letting thereof , after the expiration of the said antient Lease in being , at the time of the death of the said Donor , ought to be all applyed to the Charitable Use and Uses in the said Information specified in such sort , as is therein set sorth , and to no other use ; the said Attorney-General averring , and being ready to prove to this Honourable Court , that the said Trustées , or any of them , or any other persons named , or supposed Trustées with them , did never in any one year hitherto , since the ending of the said antient Lease , apply more than 6l . 10s . thereof , to the said Charitable Uses , in the said Information specified , but in the breach of the Trust in them reposed , have , or some of them have mis-imployed , and mis-converted the same overplus-Money , amounting in that time , to above 460 l. to other uses , according to their own wills and pleasures . with this also , That the said Trustées , in further breach of the said Trust , have suffered the House and Buildings , of , and belonging to the said Farm and Lands , to fall into great ruine and decay , for want of timely repairing and amending , either by the Tenant or Tenants thereof , for the time being , or by their , or some of their care , as ought to have béen , and the same House and Buildings are now very ruinous , and in great decay ; nor are there sufficient Covenants in the Lease now in being , by them the said Trustées , newly made and granted , to compel the present Tennants or Occupiers of the said Farm-House and Buildings , to repair the same , which is also contrary to the Trust in them reposed , with this also , that it appeareth by the Answers of all the said Defendants , and His Majesties said Attorney , is ready to prove , that the Lands so given , and appointed by the said R. R. to the Charitable Uses aforesaid , do lye dispersedly in the several fields of V. in the County of H. and in several parcels in each of the fields in V. aforesaid , and that the Boundaries of the same , and other mens Lands in the said fields , are so defaced , ploughed up , and confounded , that the same , and other mens Lands do lye so confused , and intermingled together , by reason of the defacing and ploughing up of the said Boundaries ; That it is very hard and difficult , if not impossible , now to distinguish the same from other mens Lands there , or one mans Lands there from anothers . And therefore the said Attorney-General prayeth , that as well the said Houses and Buildings belonging to the said Farm , may be speédily repaired ; and that the said Trustées , or such of them , as have received by Fine or Rent , the Profits of the said Lands and Premisses , may make and give a true account for the same , and for what hath beén received by them , or any of them ; and that the same may be applyed to the Charitable Use and Uses aforesaid . And further , That for the better ascertaining of the Lands belonging to the said Farm , and lying at present so intermixed with the Lands of other Men in V. aforesaid , may be forthwith set out by Meéts , and Bounds , whereby the same , for the future , may be certainly known and distinguished from all other mens , there , or otherwise , as in the answers of the said several Defendants , is consented unto ; that the like number of Acres , as are belonging to the said Farm , in every of the several fields of V. aforesaid , may , without prejudice to any other persons , owner or owners of Lands in the same fields , in each field , be set out , and laid together , and , by consent of all other owner or owners of Lands in the said Fields , be allotted , allowed , and owned as Lands of and belonging to the said Farm , and to be , in all times hereafter , used and demised with the same ; and that if any part of such Lot happen to be the Lands of any other owner or owners of Lands there , such owner or owners may , by their frée consent and consents , accept of such other Lands belonging or supposed to belong to the said Farm , in each of the said fields , as by like consent shall be laid or sett out in lieu thereof ; whereunto the said Attorney-General , for and on the behalf of the said Relators , is , and doth hereby declare himself to be willing . And further prayeth , That , to this end , a Commission may be awarded to Gentlemen in the said County , to be approved of by this Honourable Court , for the surveying the same Lands , and setting forth the particular parcels thereof , or laying them ; with power also to Treat with all and every owner or owners of Lands in the said Fields of V. that may be concerned in the Premisses , and to take and receive their consent and consents , to such proceéding and setting out of Lands as aforesaid , as shall , or may be made or agréed on by the said Commissioners , or so many of them , as in that behalf , shall be thereunto impowred , and that if néed be , and this Honourable Court shall so think fit , such person and persons , owner and owners of Lands , as shall or may be concerned in the Premisses , and shall give their consents to , or before such Commissioners as aforesaid : and are not already parties to the said Information , may have their names thereunto inserted , and may , by their several Answers , further testify their several consents to such setting out or laying together of Lands , to belong unto , and be used with the said Farm for the future ; and of their accepting of other Lands in lieu thereof , as aforesaid ; That this Honourable Court may procéed to settle the same by consent , finally by the Decreé of this Honourable Court , as to this Honourable Court shall séem most méet . And for the satisfaction of all persons concerned , or to be concerned therein : without this , that any other matter or thing , in any of the Answers of any of the said Defendants , contained material , or effectual in the Law for him the said Attorney-General , to reply unto , and not before herein sufficiently replyed unto confessed and aboided , traversed or denyed is true , in such manner and forme as the same are , in any of the Answers of the said Defendants , set forth and alledged . All which matters and things the said Attorney-General is ready to aberre and prove , as this Honourable Court shall award , and prayeth Relief , as in his said Information he hath formerly prayed .

CHAP. VII . Of Charitable Uses .

TO give you now a brief account of all that is before laid down , and to make Additions of some other things necessary to be known for the further Exposition of the Statute of 43 Eliz . Chap. 4. And for the further opening and clearing of our subject matter in hand , we are to know ; That there are these threé things mainly considerable therein , and to be spoken unto :

1. What shall be said to be a Charitable Use within the Intent and Purview of this Statute .

2. What shall be said a Misimployment of such Charitable Use .

3. What is to be done , in case of such misimployment , for the redress thereof .

And in the first of these , we shall shew what is not ; and then what is a Charitable Use : and under it we shall have occasion to shew what a Superstitious Use is .

And in the last of these , we shall have occasion to consider of the Commission it self for Charitable Uses : And therein . 1. Of the making . 2. Of the execution ; and then procéed in the execution of it from the beginning to the end . And therein we shall set forth , how the Commissioners for this Use are to procéed : Wherein they are to intermeddle , and whereof they are to enquire ; and how , And what the Iurors that are before them are to do therein ; what order or Iudgement they are to make , and how they are to certify it . What course the party grieved therewith is to take for his relief . What the Lord Chancellor , or Lord Kéeper of the Great Seal , or Chancellor of the Dutchy , may do thereupon . And what remedy is against their final Decrée , if it be disliked .

SECT I. What shall be said to a good Limitation or Appointment by Deed or Will , to a Charitable Use , to be relieved by the Statute of 43 Eliz . Chap. 4.

IN this we are to know , That a Charitable Use may be raised by a Deéd in Writing , by a Will , by a Contract , or by a Limitation , or Appointment some other way .

But for the first of these Questions ; What shall be said a good Charitable Use within the Purview of this Statute of 43 Eliz . Chap. 4.

We shall open this , first negatively , by shewing what is not a Charitable Use , albeit it may look somewhat like to it .

And then Affirmatively and Positively , by shewing what is , and is to be accounted , a Charitable Use within the intent and meaning of this Statute .

For the First , What is not a Charitable Use , we are to know , That if any Mannors , Lands , Tenements , Rents , Annuities , Pensions , Profits , Hereditaments , Goods , Chattels , Money or stocks of Money , have béen , or shall be given , limited , appointed or assigned to have continuance for ever , or for a time only , towards , or for the finding , or maintainance of a stipendary Priest ; or for the maintainance of an Anniversary , or Obit , or of any Light or Lamp in any Church or Chappel , or any like intent ; These , and such like Gifts and Disposi●ions as these , are not to be accounted Charitable Uses ( intended by the Purview of this Statute ) but Superstitious Uses intended by the Statute of 1 Ed. 6. Chap. 14. What is disposed and setled in any such course , is forfeit , and given to the King .

And therefore , if at any time heretofore , any such thing hath beén given , or hereafter shall be given by any man , by his last Will , at his death , or by Act executed in his life-time to any person , Sole , or Corporate in Fée-simple , Fée-tail for life or years , Superstitious Uses . to the intent , or upon condition to find a Chaplain , and have the Service of a Priest to say Mass , or to have a Priest or other man , to pray for the Soul of any dead man in such a Church or other place ; or to have or maintain perpetual Obits , Lamps , or Torches , &c. to be used at certain times to help to save the Souls of Men , out of the supposed Purgatory ; These , and such like Vses as these are not , nor shall they be said to be Charitable Uses within the Intendment of the Statutes , made and provided for the preservation and execution of such Uses . For these are looked upon , and accounted in Law , for Superstitious Uses . And therefore all these and such like Vses as these are void . And the Lands so given to such Superstitious Use , are by other Statutes given and forfeited to the King , and he shall have them . And yet so , That if there be any Charitable Use intermixed with the Superstitious Use , and they may be distinguished , there the King shall have only so much as is given to the Superstitious Use , and not that which is given to the Charitable Use also . And for this , Seé Cook 4. 104. Adams and Lamberts Case . Stat. 15. R. 2. Chap. 5. 37 H. 8. Chap. 4. 1 Ed. 6. Chap. 14. Crook 1 Part . 180. Bridgm . Rep. 105. Crook 2 Part , 51 , 52. Cook 4. 104. Where ( to our present purpose ) these things are agréed upon , 1 Ed. 6. 14.

1. That if A. Devise to any of his kindred to Superstitious Uses , and though he hath limited his kindred to pay certain sums of Money to those Uses , yet these Lands are given to the King . But if it be so limited , that his friends shall have the residue of the Profits above the Superstitious Use , this had saved the Land .

2. That a Demise for life , or Gift in Tail , may be within the Statute to raise a Superstitious Use .

3. That the giving of Lands upon condition to find a Priest , is to a Superstitious Use , within the words ( Lands given for the finding of a Priest . )

4. That if one give 20 l. per ann. for the finding of a Priest , and appoint to the Priest 10 l. per ann. In this Case all shall go to the King , for the residue shall be intended for the finding of necessaries . Otherwise it is , if a Condition be annexed to the Gift , to give 10 l. per ann. to a Priest , for there the King shall have but 10 l.

5. If Land of 20 l. per ann. be given to find a Priest with 10 l. thereof , and that the other 10 l. shall be to the Poor ; In this Case the King shall have but 10 l. But if it be for the finding of a Priest , and maintainance of poor Men , without saying how much the Priest shall have ; In this Case the King will have all .

6. If Land of 20 l. a year be given for finding a Salary for a Priest with 10 l. of it , and there is also another good Vse limited with it ; there the King will have but 10 l. Good Uses shall be referred . although the other necessaries are to be found for the Priest : for a good Vse in certain , shall be preferred before a Superstitious incertain Vse . But if nothing in certain be limited to the Priest , all the Land will go to the King .

7. If Land be given to find a Priest , the King will have it ; but if a Priest have but a stipend out of the Land , the King shall have but that stipend .

8. When a certain sum is limited to a Priest , and other Good Vses , are also limited , which depend upon the Superstitious Vse ; all in this Case is given to the King .

9. If all the Vses be Superstitious , of what certainty soever they are , the whole Land is given to the King . Otherwise it is , if there be any Good Vse .

10. That Prayers for the Dead out of , as well as in a Church or Chappel , may make the Vse Superstitious .

11. That other like things to these may make the Vse Superstition , Superstitious Uses . and put the Land charged with it into the Kings hands . Seé much more to this purpose , in Adams and Lamberts Case . Cook 4. 104.

12. Where one Devised Money to a Dean and Chapter , to the intent to find a Chantery in their Church perpetually , and an Obit for the Soul of the Donor , and that the Chauntry Priest should have 40 Marks yearly , &c. the 400 l. was paid , and the King gave Licence to them to purchase Land to that use ; which they did , and made Ordinances for the setling of the Service ; the Dean and Chapter laid out Money for the maintainance of a Priest and an Obit : In this Case it was ruled by the major part of Iudges , That this was no Chauntry in fact , nor in reputation , and therefore not given to the King by the Statute of 1 Ed. 6. for in this Case , no Lands were given by the Founder , and the Dean and Chapter made no Chauntry , nor ap●ointed any Lands thereto , but bound their Goods to pay a yearly sum to the Priest , &c. And that which was paid , was not paid out of the Land only , but out of all their possessions . And in Cases where no Lands in certain are given to such Superstitious purpose , nor imployed for that purpose , there will be no forfeiture of it to the King , nor may have it . Crook 2 Part 51. M. 2 Jac . C. B. Holloway and Watkins Case .

13. If Lands , to the value of 14 l. a year , be given to the Dean and Chapter , to pay 10 Marks a year to a Priest , to sing , &c. and the other profits for an Obit , and they maintain the Priest with 10 Marks , but the Obit was not observed within 5 years of the Statute : In this Case , the Rent of 10 Marks is only given to the King , and not the Land , by 1 Ed. 6. for the Land is the Dean and Chapters , Dyer 368.

Mixt Uses . 14. In Crook 1 Part , 180 , 181. It is resolved , that Lands given to the maintaining of a Priest to say Mass , &c. and he to have yearly 3 l. 6 s . and that what shall be above , Charitable Uses . shall go to the repairing of the Church ; That this is not given to the King , by 1 Ed. 6. Chap. 14. Seé for this , Chap. 6. Case 7.

15. That such like Vses , as are these Superstitious Uses , and are not judged to be Superstitious Uses in Law , these will probably happen to be Charitable Uses within this Statute .

And in all Cases generally , the Vses will be good Charitable Uses . And there Lands , Tenements , Rents , Annuities , Profits , Hereditaments , Goods , Chattels , Money , and Stocks of Money , Charitable Uses , what . shall be said to be given to Charitable Uses , where they are given , limited , or appointed by Act , executed by the party in his life-time , or by his last Will and Testament at his death , or otherwise , for the relieving , maintaining , repairing , educating , preferring , supporting , aiding , helping , redéeming , and easing , in the Cases hereafter mentioned , viz.

For relief of aged , impotent , and poor People : or for maintainance of sick and maimed Soldiers and Mariners . Or for the erecting or maintainance of Frée-Schools , or other Schols of Learning . Or for the maintainance and help of Scholars in the Vniversity , Or for , or towards a Relief , Stock , or Maintainance for Houses of Correction . Or for repair of Bridges , Ports , Havens , Causways , Churches , Sea-banks , and Highways , or either of them . Or for the education and preferment of Orphans . Or for the Marriages of poor Maids . Or for the supportation , aid , and help of young Trades-men , Handicrafts-men , and persons decayed . Or for relief , or redemption of Prisoners or Captives . Or for aid or ease of any poor inhabitants , concerning payment of Fifteens , setting out of Soldiers , and other Taxes . Where any thing is given to any any such Vse as this , this will be a Charitable Use , Seé for all these the Sta ute it self ; of 43 Eliz . Chap. 4. and Stat. 1. Ed. 6. Chap. 14 Chap. 6. Cases 5 , 6 , 8 , 10 , 15 , 17 , 19 , 27 , 30.

Other Provisions , Gifts , and Limitations there are , which séem to be within the intent and purview of this Statute also : and therefore it séems , that an assignation of Lands , to continue in succession to a Preacher , for the kéeping up of Preaching , as well as to a School-master , for the kéeping up of a School , is within the account of Charitable Uses . Seé for this Statute 1 Ed. 6. Chap. 14. So the Endowment of a Vicaridge , for the increase of the Ministers maintainance , séems to be a use of this nature . Seé for this Stat. 1 Ed. 6. Chap. 14. And it hath béen ruled and Decreéd , That Money given to maintain a Preaching Minister , is a Charitable Use ; that is , within the equity of the Statute . Seé it Case 35. of Chap. 6. So to maintain a Schoolmaster in a Parish , &c. Seé for this , Chap. 6. Case 7. So for the setting up of an Hospital for the relief of poor people , is a Charitable Use , within the equity of the Statute . Sée for this Chap. 6. Case 38. 40. So for the King to Found a Frée-School , and make it a Corporation of Guardians , Master and Vsher , to give Chauntry to them and their Successors , to maintain them , and certain poor people under them . Sée for this , Chap. 6. Case 39. So for the building of a Sessions-house for a City or Country , the making of a new , or repair of an old Pulpit in a Church : or the buying of a Pulpit-Cushion , ar Pulpit-Cloth ; or the setting up of new Bells where none are , or amending of them , where they are out of order .

These , and such like Provisions , Gifts , and Limitations , séem to be reckoned as Charitable Works , by the Iudgement of the Law : And ( as it seéms ) what is given to any such use , shall be under the Surveigh , and within the intent of this Statute , to be ordered by Commissioners for Charitable Uses . Sée for this , Popham Rep. 139. And that the Statute is taken by Equity in this , Sée Chap. 6. Case 35.

But this we are to take , as out of question ; That a disposition of Lands , Rents , Money , Goods , &c. may be by Act , executed in a man's life-time , or by his Will at his death , to Charitable Uses , within the Intent and Purview of this Statute , and under the Power of Commissioners for Charitable Uses , to Order and Decrée ; albeit there be defect in the Deéd , or in the Will , by which they were first created and raised ; either in the party trusted with the Vse , where he is mis-named , Gifts not good in Law , yet good to this purpose . or the like ; or in the parties for whose Vse , or that are to have the benefit of the Vse , as where they are not well named , or the like ; or in the execution of the Estate , as where Livery of Seisin , or Attornment is wanting , or the like . And therefore if a Copyholder doth dispose of Copyhold Land to a Charitable Use without a Surrender , or a Tenant in Tail convey Land to a Charitable Use without a Fine , or a Reversion be granted without Attornment , or Inrollment ; and in divers such like Cases , where the Donor is of capacity to dispose , and hath such an Estate , as is any ways disposable by him , this Statute shall supp●y all the defects of Assurance ; for this is a good Limitation and Appointment within the Statute . Sée for this , Chap. 6. Case 40.

Infant , Lunatick , or Feme-Covert . And yet if an Infant , Lunatick , or Feme-Covert , do by Will , or by Deéd , give any thing to such Vse , this will be void , and is not to be ordered good by the Commissioners : And if it be so , the Lord Chancellor will vacate it . Sée for this , Chap. 6. Case 17 , 37 , 40. Hob . Rep. 136.

But it hath beén agreéd and resolved , to be within the Intent and Purview of this Statute , and under the Power of Commissioners upon the same ; and upon Appeal , the Lord Chancellor , &c. to Order and Decrée the same as Charitable Uses , in all the Cases hereafter following ; That is to say , Where one gives 20 l. a year to a Preaching Minister , Charitable Uses . leaving Lands and Goods enough to do it . Seé for this , Chap. 6. Case 35. So where one gives Land to the Church-wardens of a Parish , ( who by Law are not capable to take it by Grant ) to Charitable Uses . Seé for this , Chap. 6. Case 33.

So to a Corporation to such Vses by a wrong name . Sée this Chap. 6. Case 37.

Rent-seck . So where a Rent-seck is given to a Charitable Use . Seé for this , Case 15. in Chap. 6.

So where Land is given to repair Highways , to the Parishioners of Dale .

Mixt Uses . So if Land be given for relief of Poor ; and also that the Schoolmaster or Poor shall pray for the Donors Soul ; In this Case it is said , That the Charitable Use is the Principal , and that this shall preserve the Land . Seé for this in Chap. 6. Case 7. Crook 1. 180 , 181.

So if a Devise be of Copyhold Land , to such a use , and this be done without any Surrender , this will be good as an Appointment and Limitation within the Statute , and may be decreéd by the Commissioners . Seé for this , Chap. 6. 14 15. 16.

Copyhold-Land . And if it be an Entail of the Copyhold Land , and a Recovery to be suffered within the Mannor , according to the Custom , and there be a defect in the Recovery , and this is to Charitable Use ; this will be a good disposition within the Statute , and may be ordered by the Commissioners accordingly . Seé for this , Chap. 6. Case 17. 25 , 28.

If one with his own Money , purchase Coppyhold Land , in the name of two of his Children within age , and by his Will doth devise a Rent of 40 s . a year out of this Land , for relief of the poor of the place , to one and his Heirs , and takes the profits of the Land all his life . In this , albeit there be no Surrender , and the Devise , Rigore Juris he void ; yet this is a good Disposition , to this purpose , for the Rent , and may be ordered by the Commissioners . Seé for this Chap. 6. Sect . 3.

So if one have set up an Almshouse , that hath Land he lets for 10 l. a year , worth 40 l. a year ; and he by his Will , deviseth the Rents of that Land , for maintainance of the Poor in that Almshouse : this is a Gift to Charitable Use , and all the Profit of the Land shall be imployed to that use , Seé for this , Chap. 6. Case 9. That such a Decreé made by the Commissioners , was confirmed by the Lord Kéeper .

So if one devise his Land to some of his Friends , and their Heirs in Trust , to maintain a Preacher , Schoolmaster , and poor people in Dale , and appoints what each shall have ; all but 35 l. but the overplus shall go to Charitable Use , to increase the number of the Poor , Sée for this , Chap. 6. Case 10.

So if one by his Will appoint , that his Executors shall devise a way , that a Preacher shall be found for ever , to preach the word of God in the Church of Dale , four times in the year , and to have , for his labor , 10 s . for every Sermon . So to erect a Freé Grammar-School . Seé for this , Pophams Rep. 6. Gibbons Case .

So if one by Will , devise his Land in Essex to the Parson and Church-wardens of S. in Thamestreet , London ; to the end that they , and four honest men of the Parish , should sell the Land , and imploy the Money for the Poor , and Charitable Uses in that Parish : this is a good Charitable Use within this Statute . Seé for this , Chap. 6. Case 28.

So if one devise 10 l. a year for ever , out of his Land , to maintain two Scholars in Oxford and Cambridge . Seé for this , Chap. 6. Case 29.

So a Devise of Land or Money , to the poor people maintained in the Hospital of St. Lawrence in Reading , is good within this Statute , Chap. 6. Case 30.

So a devise of Land to the use of an Hospital , is a Charitable Use within the Statute , Seé for this , Chap. 6. Case 38.

So if Soldiers and Mariners having much in arrear , agreé to take halfe , and to leave the rest in their Captains hands , to be imployed for relief of maimed Soldiers and Mariners upon the Seas , their Wives and Children ; which is so done , this will be a Charitable Use , under the Order of the Commissioners , and Affirmance of the Lord Keéper . Seé for this , Chap. 6. Case 13. and Moors Rep. Case 1152.

So a Dev●se by Will to the Masters and Fellows of St. Johns Colledg in Cambridge , for maintainance of the Scholars there , is a good Gift within the Statute , Chap. 6. Case 16.

So a Devise by Will to Jesus Colledge in Oxford , and their Successors , to find a Fellow there , of the Donors Bloud , is good within the Statute , Seé for it Chap. 6.

So where a Feme-Covert , an Administratrix to her first Husband , married again , do , during her second Coverture , make her Will , and thereby give a part of that Estate to Charitable Uses , and dye , living her Husband , if there be Assets of the Estate to discharge it at her death , Sée for this , Chap. 6. Case 11. Moors Rep. Case 1111. Damus Case .

So if one by Will Devise a House , he hath to his Wife for life , and after her decease , to four Feoffeés , to sée it repaired , and with the rest of the Profits , after their discretion , to bestow upon the repair of a High way in such a place , Moors Rep. Case , 1251. Seé Chap. 6. Case 41. Rolts Case .

So if a Debt owing by Iudgement , Statute , Bond , or Recognizance , ( which is a thing in action ) be given to Charitable Use ; this is good in this Case , and may be ordered by the Commissioners , Chap. 6. Case 21. 24.

So a Devise of Land to build a School , is a Good Vse within this Statute . Sée for this , Chap. 6. Case 24.

So Money given for the good of the Church of D. Sée it Chap. 6. Case 26.

So if one by Will devise his Land to be sold , and the Money to be distributed to 20 of the poor of his kindred ; this is a Good Vse within this Statute .

All these are agréed to be good Charitable Uses within the Statute , to be ordered by the Commissiones of Charitable Uses , without Relief , as to that point to be expected with the Lord Chancellour upon Appeal .

If a Limitation of Lands , Rents , &c. be to kéep and find an Obit or Anniversary , in the parish of E. for the Souls of such and such , and all Christian Souls , or the like ; and that so much out of the Land shall be spent yearly about it ; but all the rest of the Profits , shall go to the repair of the Highways , or such like uses ; here , this is a good Charitable Use for all the overplus . Seé Cook 4. Adams and Lamberts Case .

SECT . II . How the Gift or Limitation of a Charitable Use by Deed or Will , shall be taken .

Gift of the Rent out of Land . IF one by Will devise the Rents of his Land to a Charitable Use , by this the Land it self is Devised . So of the Devise , that is of the Rents and Profits of his Lands . Seé for this , Chap. 6. Case 9.

Charitable Use within the Equity of the Statute . If Money be given to maintain a Preaching Minister , this albeit it be not named in the Statute , yet it is within the equity of the Statute ; and the Commissioners may order the Executors to pay it for Charitable Use . Sée for this , Chap. 6. Case 35.

Gift of a Rent . If one Deviseth the Rent of his Land to a Charitable Use ; this shall be taken largely for a Devise of the Rent then reserved , or afterward to be reserved upon an improved value . Seé for this , Chap. 6. Case 9 , 12.

The word ( Given ) in the Statute , ( Given ) in the Statute Expound . extends as well to Gifts after , as to Gifts before the making of this Statute . See for this , Chap. 6. Case 2.

Where no Vse is of Land mentioned nor directed in the Déed , by which it is given , it shall be to the use of the Poor , To what use a Gift shall be . albeit the Feoffées be Gentlemen , living out , and no Inhabitants within the Town . Seé for this , Chap. 6. Case 32.

If a Gift or a Devise by Will , be of a Charitable Use , Name of a Corporation mistaken . to a Corporation in Trust for others ; or to others in Trust for a Corporation , and the name of the Corporation is mistaken in the one , or in the other Case : Gifts to this Use good , though not good by Law . yet it shall be good as to this purpose , and it will be within the Order of these Commissioners , Seé for this , Chap. 6. Case 16.

If one Devise Land to one for life , Devise incertain . the Remainder to the Church of St. Andrews in Holborn ; In this Case the Parson of the Church shall have this Remainder . 21 R. 2. Devise 17.

If a Gift be thus ; Gift to a Church . ( For the good of the Church of Dulk ) this will be good in this Case of a Charitable Use , notwithstanding the incertainty . Seé it , Chap. 6. Case 26. And so by reason will it be in all such like incertain Gifts .

If one Devise Twenty pound a year to a Preaching Minister , leaving Land and Assetts in Goods ; this is good , Twenty pound a year to a Preaching Minister . and the Executor will be forced by the Commissioners , and Lord Kéeper , to buy so much Land , and to assure it to that use . Seé this , Chap. 6. Case 36.

If one seized of Copyhold Land in Tail , For a Remainder , without a particular Estate . surrender it in Court to the use of his Will , and hath a common Recovery in the Mannor , according to custom ; but there is Error in the Recovery : and after by Will , he deviseth it to his Wife for life , the remainder to a Charitable Use : In this Case , Gifts good by this Statute , though void in Law . albeit Recovery and Devise be void , as to the Estate for life ; but the Devise will be good as to the Remainder for the Charitable Use . And albeit the Heir avoid the Estate-Tail against the Wife ( as he may at Law , ) yet the Remainder to the Charitable Use shall stand good , and be a Remainder without a particular Estate . Seé for this , Chap. 6 Case 16.

If one by Will devise Land to be sold , Devise incertain . and the Money to be distributed to 20 poor of his kindred . In this Case , and for this purpose ; this will be a good Devise , albeit it do not appear that he hath any poor kindred . Sée for this , Chap. 6. Case 27.

If one have Land in Essex , Devise to four Men , not a Corporation . and devise it by Will to the Parson , and the Churchwardens of L. in Thamestreet in London , to the end , that they , and four honest Men of the parish , should sell the Land , Corporation . and imploy the Money for the Poor and Charitable Uses in that Parish : In this Case , albeit the Parson and Churchwardens be not a Corporation to take Lands out of London , nor to sell to such Vses ; yet this is to this purpose , a good Devise , and they may sell the Land . Seé for this , Chap. 6. Case 29.

Devise of a Rent , by a Nuncupative Will . If one devise by parcel , 10 l. a year Rent out of such Land , with 100 Marks in the Old Jury , London , for maintainance of two Scholars in Oxford and Cambridge , and bids the Scrivener put it in Writing . This Nuncupative Will is good to this purpose , by way of limitation or appointment within the Statute , to create a Rent to a Charitable Use , albeit a Rent by Law cannot be created without a Deéd or Will in Writing . Sée for this , Chap. 6. Case 29.

For a Rent devised . If one by Deed grant a Rent-seck out of his Land to Charitable Use , to begin after his death , and give Seifin of it in his life-time ; Nomine poenae ▪ and in the Grant is a nomine poenae of 50s . if the Rent be unpaid by the Heir after 14 days , this nomine poenae shall not light upon any other but the Heir : but into whose soever hands the Land comes , he is to pay all the arrears , for the Land is chargeable with it . And the Seisin given by the Grantor in his life , before the Rent began , or was in Esse , shall be good , Chap. 6. Case 15.

Devise by an Infant , Feme-Covert , Lunatick , to this use . If an Infant , Feme-Covert , Lunatick , or other person disabled by Law to make a Will , and limit and appoint Lands to such a Charitable Use ; this will be void , and may not be affirmed ; but is to be avoided by the Commissioners , and Lord Chancellor also . See for this , Chap. 6. Case 37 , 40. Hobb . Rep. 136.

Devise to this Use upon condition . If one by his Will devise all his Land to an Hospital , paying after his death , 1000 l. where his Wife shall appoint , and the Hospital doth pay the Money : In this Case the Commissioners are to Decreé the Land to them .

If one by Will devise his Land to his wife for life , and after that , made A. B. &c. ( as he called them ) Feoffées to bestow the Profits for the repair of High-ways there , he and his wife dye ; In this Case , albeit the Devise be void , yet it is with the relief of the Statute of 43 Eliz . by the words limited and appointed to Charitable Uses , Chap. 6. Case 40. Hobb . Rep. 136.

To a Corporation by a wrong name . If Lands be devised to a Corporation by a mistaken name , as to be Mayor and Chamberlain , for the Mayor and Commonalty of London ; this is good within the Statute . Sée for this , Chap. 6. Case 38.

To a Corporation . If one Devise to a Corporation , as the principal Fellowe and Scholars of Jesus Colledge in Oxford , to find a Scholar of his Bloud from time to time : In this Case , albeit the Devise be void in Law , Devise void in Law ▪ good to this purpose . because it is a Corporation ( excepted in the Statute of Wills ) yet it is within the relief of the Statute of Charitable Uses , by the words limited and appointed , Seé it in Chap. 6. Case 40.

Devise to a Corporation . If one give to a Colledge by way of Devise in a Will , to a Colledge , to any Charitable Use ; this ( as to this purpose , to bring it within this Statute of 3 Eliz . 4. is good enough , Devise of Capite-Land . but not good by the Statute of Wills ) to a Corporation . So of a Devise of Capite Land for the third part . Sée for this , Chap. 6. Case 17. Devise by an Infant ; &c. to such a use . But such a Devise by Will made by an Infant , Feme-Covert , or Lunatick , is not good , albeit it be to such a Use , is void , and not made good by the Statute of Wills , 32 and 34 H. 8. And yet if one had devised two parts of his Land by Will , according to the Statute , and after Devise a third part to a Charitable Use ; It was held , this was not good : But at this day , now that the Tenure is gone , it seéms to be good . Seé for this , Chap. 6. Case 18. 23.

If a Devise be to a Corporation of Land , Devise to a Corporation . albeit in another Case it be not good ; yet in such a Gift to a Charitable Use , it is good enough to bring it under the Order of these Commissioners upon this Statute . Sée for this , Chap. 6. Case 22.

If a Devise be to the poor People , Devise to such as are no Corporation , good to this Use . maintained in the Hospital of St. Lawrence in Reading ( where the Mayor and Burgesses ; capable to take in Mortmain , do govern the Hospital . ) In this Case , albeit the Poor , not being a Corporation , are not capable by that name ; yet the Devise is good , and the Commissioners may order him that hath the Land , to assure it to the Mayor and Burgesses , for the maintainance of the Hospital . Seé for this , Chap. 6. Case 30.

If a man Devise to a Charitable Use , within a Corporation ; yet it seéms good , and within this Statute . Seé for this , Chap. 6. Case 31.

If Land be given to the Churchwardens of a Parish , Land given to Churchwardens . to a Charitable Use ; In this Case , albeit the Devise be void in Law ; yet it is a good limitation and appointment of it , to bring it within this Statute , Chap. 6. Case 34. Sée more , Chap. 7. Sect . 4. Part 4.

The Power of the Ordinary is the same it was before the making of the Act. Seé the Statute of 43 Ed. 3. Chap. 4.

SECT . III . What shall be said to be a Mis-imployment of such a Use ; or Breach of Trust therein .

IT shall be accounted and called a Mis-imployment of a Gift or Disposition to Charitable Uses , in all Cases , where there is found any breach of Trust , Falsity , not Imployment , Concealment , Mis-government , or Conversion in and about the Lands , Rents , Goods , Money , &c. given to the use , against the intent and meaning of the Giver or Founder .

As for example ; If one have a Lease of Land , given to such a Vse , and he doth make waste and destruction upon the Land , by cutting down and sale of Trées , of Timber , especially , if it be where he hath the Land at an undervalue , or the like ; this is a Mis-imployment : In this case , the Commissioners may Decrée the Lease to be void and surrendred , and that the Lesseé shall make a Recompence . Sée for this , Chap. 6. Case 6.

To make Leases , or to Lett the Land at under-values of Fines or Rents , is held to be a mis-imployment questionable , that the Commissioners may redress , by ordering the Tenant of the Land , or the parties trusted with the Vse , as they shall sée cause , to make it up . And in this case the Trustées are not only to lett it at the value it is at the time of the first settlement , and raising of the Vse , but at all times afterward ; So that if the Land grow to be worth more by much then it was , and he Lett it at the old Rate ; this is a mis-imployment . Sée for this , Chap. 6. Case 6 , 7.

To kéep the profits of Land , or Money given to Charitable Use in ones hands , whether it be concealed or not , not to pay it when it is due , or convert it to other use , is a mis-imployment within this Statute . Seé for this , Chap. 6. Case 6.

To convert or change the imployment to other uses , then according to the intent of the Founder or Giver : As , if the Gift be to find a Preacher in Dale , and the Trustées find a Preacher in Sale : If it be to find a Preacher , and the Trusteés imploy it to the Poor , or some other kind of use ; These and such like Acts or Neglects of the parties Trusted with the Vses , will arise to a Mis-imployment , under the power and redress of the Commissioners for Charitable Uses . Lanes Rep. 115.

Sée more for these things in the Statutes of 39 Eliz . Chap 6. 43 Eliz . Chap. 4. 9. Cook 2. Part Institut . 710 , 711.

SECT . IV . What Remedy is to be had , where there is a Mis-imployment of Land , or Goods , given to Charitable Uses . And of the Commission of Charitable Uses , and all the Proceedings therein .

IF any Mis-imployment be of any Lands , Moneys , Goods or Chattels , given to any such Charitable Use as is aforesaid , upon complaint thereof , unto the Lord Chancellor , or Lord Kéeper , and to the Chancellor of the Dutchy of Lancaster respectively , may within their several Iurisdictions , grant Commissions under their Seals , in order to relief , and the regulation of such mis-imployment . And these Commissions are called Commissions of Charitable Uses .

And in the execution hereof , héed must be given to these two things : 1. The Commission it self . 2. The execution of the Commission ; that it be made and executed according to the Statute .

For the first of these , the Commission it self , care must be had ,

As to the Commission and Commissioners . 1. That there be in the Commission four , or more Commissioners made ; and any four whatsoever of them may make a Decreé , and do any thing in execution of the Commission ; for none of them are of the Quorum .

2. One of the Commissioners named , How it must be . must be the Bishop of the Diocess ( if any Bishop be at the time of the sealing of the Commission , ) or the Commission is not good . And the rest may be of the Chancellour of the Diocess , and others of good and sound behaviour . But if the Bishop be named in the Commission , the execution may be any four of the rest , without his presence , or the presence of the Chancellor . But if the Sée be void at the time of sealing the Commission , then the Commission will be good , albeit neither Bishop , nor Chancellor be named in the Commission . And the Metropolitan in such a case , where the Sée is void , néed not be named . Sée for this , Chap. 6. Case 2. And if the Bishop be named a Commissioner , and dye before the Certificate returned ; This shall not avoid the Commission : for the rest of the Commissioners may procéed notwithstanding .

3. The Commissioners must be such as have not any part of the Lands , or other things in question , for they are not to be named ; or if they be , may not serve as Commissioners .

4. That the Commission do mention a certain time , within which the Commisoioners are to make their Order , Decrée , and Certificate .

5. That the Commissoners do call the parties interessed in the Lands , Goods , Money , &c. before them . Seé the Warrant for it , in Chap. 3. And yet if it be done without this , the Decrée may be good . See Chap. 6. Case 3.

6. It will be their wisdom also to call before them some of the Officers , as Constables , and Churchwardens of the place concerned in the use . See a Warrant for it in Chap. 3.

7. The Commissioners are four of them to send their Warrant to the Sheriff , to Summon a Iury to be before them when and where they appoint . See the Warrant in Chap. 3.

And at the time and place they are to call for the Retorn of it , to swear the Iury , and prepare the Inquisition . See Chap. 3.

Then at the time of their sitting to execute the Commission , these things are to be known :

1. That the Parties interessed in the thing in question , As to the Jury and their Inquisition . may have , and take their lawful Challenges against the Iurors , or any of them .

2. That none that pretend Title to any of the Lands or Things in question , is to be admitted a Iuror , but may be challenged . And if chosen , they may not serve .

3. The Iury is to find , and to make retorn of the Case , as it is to the Commissioners by way of Inquisition in Writing in Parchment .

And in their Enquiry and Presentment , they are to heed these three Rules of Direction : Of what Lands , Goods , Money , &c. they may enquire .

1. They are not to meddle with the Lands , Goods , or Money , of , or belonging , or appertaining to Colledges , Halls , or Houses of Learning , within either of the Vniversities , the Colledge of Westminster , the Colledge of Eaton , the Colledge of Winchester , or to any Cathedral or Collegiate Church , nor to the Lands , Money , &c. of , or belonging to any City or Town Corporate , where there is a special Governor or Governors of such Lands , &c. the Lands of , or belonging to any Colledge , Hospital , or Freé-School , which have special Visitors or Governors , or Overséers appointed to them by their Founders ; nor the Land , &c. of Purchasors for valuable consideration of Money or Land - without Fraud or Covin , that have no notice of the same Charitable Use : For the Commissioners themselves have not to do herewith . And yet the Commissioners albeit they may not make any Decreé against such Purchasors : Power of Commissioners to order a Recompence and amends . yet may they make a Decreé for recompence to be made by any person or persons , who being put in Trust , or having notice of such Charitable Uses , shall break the Trust , or defraud the same Vses by any Conveyance , Gift , Grant , Lease , Release , or Conversion , and against his and their Heirs , Executors , and Administrators , having Assetts in Law or in Equitp , as Trusts , Confidences , and the like . Nor the Purchasors of Lands , &c. assured , conveyed , and come to Quéen Elizabeth , H. 8. Edw . 6. or Quéen Mary , by Act of Parliament , Surrender , Exchange , Relinquishment , Escheat , Attornment , Conveyance , or otherwise . But if any such Lands , &c. have , since the beginning of Quéen Elizabeths Reign , béen given , &c. to any of the Charitable Uses before-mentioned . To all these this Act doth not extend . But seé afterwards in Sect . 5 , 6. how these things are to be taken .

2. They are not to enquire of Mis-imployment of Vses in another County , than that wherein the Lands given to such Vses do lye . Seé for this , Chap. 6. Case 24.

The Commissioners and Iury in the Execution of their Commission , are to enquire of the Gift , Limitation , or purpose of the Giver , or Founder of the Charitable Use , where any Land , Rent , Goods , or Money are given to such Vse : And of the Trust , what it is .

And then they are to enquire what breach of Trust , or Fraud hath beén , by non-imployment , mis-imployment , concealment , mis-converning , or mis-government therein . And how many ways this may be , is to be seen before in Sect 3.

The proceeding of the Commissioners , and their power . As to the proceeding of the Commissioners themselves , and their power in the execution of the Commission , these things are to be known :

1. That it is not material , that the Commissioners which were present at the time the Evidence was given , and of the taking of the Inquisition , be present at the making of the Decree ; for if any , or all of them be absent at the making of the Decree , which were present at the time of the taking of the Inquisition and Evidence , the Decree is good , if it be made by four or more of the Commissioners .

And if it appear by the Retorn , that the names of four Commissioners were affixed to the Inquisition , and four other Commissioners to the Decreé , all is good , Seé for this , Chap. 6. Case 6.

2. That if Lands in London be given to maintain a Charitable Use in R. in the County of Warwick ; Power of a Jury to enquire of Lands in another County . and a Commission be taken out in the County of Warwick , to enquire of this Gift : In this Case , these Commissioners of Warwick County , may not decreé it . Decree of Lands in another County ? For the Inquisition and Decrée must be by Iurors and Commissioners of the County , where the Lands given to such Vses do lye . Seé for this , Chap. 6. Case 24. Seé in Part 8. of this Section .

3. The Commissioners are not to meddle with , or order any thing concerning the Colledges of Vniversities , &c. Others , sée before , Part 4. Nor such places as have special Visitors , &c. Seé it there .

4. Nor are they to meddle with Purchasors , &c. for valuable consideration of Money or Land , without Fraud or Covin , that have no notice of the Charitable Use ,

But the Commissioners are , by the words of the Statute of 39 Eliz . and 43 Eliz . after enquiry made , and upon examination and hearing of the matter , to set down such Order , Iudgment , and Decreé , as the same Charitable Uses may be truly observed in full , ample , and most liberal sort , according to the true intent and meaning of the Founders and Donors thereof ; which Order , Iudgement , and Decreé not being contrary or repugnant to the Orders , Statutes , or Decreés of the Donors or Founders , are by the words of the Statute of 39 Eliz . and 43 Eliz . to stand firm and good , and be executed according to the tenor thereof , until the same shall be undone or altered by the Lord Chancellor of England , or Lord Kéeper of the Great Seal of England , or the Chancellor of the County Palatine of Lancaster , respectively , within their several jurisdictions , upon the complaint of the party grieved to them .

And therefore for the further help and direction of Commissioners in this case , of the making of their Decreé , they are to stéer themselves , and their procéed therein , by these following Rules and Cases :

1. That where Money is kept back , and not paid ; or paid where it should not have been paid ; the Commissioners may order the payment of it , and the arrearages to the Vse limited by the Donor ; and to be paid to the publick Officers of the Parish , if it be in Parish payment . And to continue the payment forwards , as they judge it most secure .

If given to Friends in Trust , to pay so much yearly to such a Vse , and they keép it in their own hands , they may order the payment of it . Power of Commissioners to vacate a Lease , and order surrender of it .

2. That if a Lease or Conveyance be made by Parties trusted with a Charitable Use , to defraud and defeat the Vse , the Commissioners may decrée the same to be void ; and thereupon the same is void in interest and Estate . And if after , upon Appeal , the Supream Lord doe annul the Decree of the Commissioners , and make good the Lease ; it is then received , and made good again in Interest and Estate . And if such a Lease or Conveyance be assigned over to any , the Commissioners may decreé the Assignment to be void , albeit the first Conveyance were made fraudulently , and in deceit of the Charitable Use . Seé Chap. 6. Case 2.

To make amends for hurt done to the Land , given to such Uses . If Houses given to Charitable Uses , be suffered to be ruinous , and out of repair , by negligence ; the Commissioners may decree ; That those that receive the Rents and Profits of them , shall repair them , albeit they have otherwise laid out the Rents in performance of the Charitable Use , and may order the Houses to be ever after kept in good repair , as oft as need requires . And if they which ought to repair the Houses , be dead before the Commissioners Decee , they may order the Heirs , Executors , or Administrators , having Asserts in Law or Equity , to repair the same . See before , Chap. 6. Case 2.

3. That the Commissioners may not by their Decree , make a Corporation , Power of the Commissioners . not before incorporated , and enable them to take to Charitable Uses , as a Corporation ; as Churchwardens which are a Corporation in Law , but to special purposes . Seé for this Chap. 6. Case 2. To make a Corporation .

But they may decree Lands held in Capite , or in Socage ; to a Corporation already incorporate , to be Trustees to perform a Charitable Use : And it shall be no Mortmain .

Power of Commissioners . 4. That they may decree Lands given to Charitable Uses , to sundry persons and their Heirs , to the said Vses , and enable them to demise the said Lands for the best profit of the said Charitable Use ; To order the settlement of the Land charged . and that when such a number of them shall dye , the survivors shall make a Conveyance to settle the same Lands in themselves that survive , and others to make up , and continue the number by them appointed . Seé for this , Chap. 6. Case 2 , 5.

Power of Commissioners to order within another County . 5. That where Lands which lye in the body of a County , be given to a Corporation , to maintain Charitable Uses ; the Commissioners of the County may make Orders to reform the breaches of Trusts , and mis-imployment of such Lands by the Corporation . See for this , Chap. 6. Case 2. See before , Chap. 7. Sect . 4. Part 6.

Power of Commissioners to order within another County . 6. That where a Rent is granted out of Lands in several Counties , for maintainance of a Charitable Use in one County ; the Commissioners in that County where the Charitable Use is to be performed , may make a Decree , to charge the Lands in other Counties , to pay an equal contribution of charge in payment of the said Rent . And there needs not Inquisitions in the several Counties , Inquisition in divers Counties . for that the Rent is an entire Grant by the Deed or Will . See for this , Chap. 6. Case 3. East Greensted's Case .

7. That if the Devisees of a Rent-charge , Rent extinct revive by a Decree . or the Grantees thereof , to a charitable use , do purchase all , or part of the Lands , out of which the Rent is issuing : In this case , albeit in extremity of Law , the Rent-charge be extinguished , yet if the Commissioners decree the Rent to be revived , and settle it upon others to maintain the charitable use , the Rent is revived by the Decree . See for this , chap. 6. case 3. East Greensted's Case 8. The Case of the Inhabitants of Woodford .

8. That if a Rent-charge be granted out of Land to a charitable use , Rent continue . and the Land is afterwards sold for a valuable consideration of Money , or Land , to one that had no nocice of the Rent ; yet the Rent remaineth . For that the purchase was of another thing that was not given to the charitable use . See for this , chap. 6. case 3. East Greensted's Case . 8. The Case of the Inhabitants of Woodford .

9. That albeit the Parties interessed are to have notice from the Commissioners of their time and place of sitting ; Notice to the persons interessed how to be given . yet if they make their Decree without this , it is good . And if upon their Appeal , they make this an exception , that they had not notice , this shall not avoid the Decree , unless they shew withall in their Exception , that thereby they lost the benefit of such an Exception , or of such a Challenge of a Iuror , shewing the cause in certain . And then if the Lord Keeper shall adjudge the cause shewen , to be a sufficient cause of Exception or Challenge ; the Decree of the Commissioners may be adnulled and reversed without further examination . See for this chap. 2. case 3. East Greensted's Case , and Case 4. of the Poor of Walthamstow .

10. That the notice to be given to a Purchasor of Lands given to charitable uses , is to be certain , Notice of the Use to a Purchasor , what . and a general Notice is not sufficient . See for this , chap. 6. case 3. East Greensted's Case .

11. That if a Purchasor of Land given to charitable uses , for consideration of Money , hath Legal notice of the Vse , Notice of the Use to a Purchasor . and afterwards selleth the Land to another for Money , who hath no notice of the Vse : This second Purchasor shall hold the Land chargeable with the charitable use . But if the first Purchasor had no notice of the Vse , then is the Land discharged of the charitable use . And if he afterwards sell it to another for Money , that hath notice of the Vse ; yet he shall not hold it subject to the charitable use . See for this , chap. 6. case 3. East Greensted's Case , and case 33.

12. That if a Rent-charge be granted to a charitable use out of Lands in several Counties : How a Rent is to be charged by the Decree . In this case the Commissioners are to charge this Rent , by their Decree , upon all the Lands in every County , according to an equal distribution , having regard to the yearly value of all the Lands chargeable with the Rent , and may not by their Decree , charge one or two Mannors with all the Rent , and discharge the residue in other Counties or Places ; for then their Decree will be contrary to the Will of the Founders or Donors . Seé for this , Chap. 6. Case 3. East Greensted's Case .

Notice to the persons interessed , how to be given . 13. That if one be authorized by a Party , subject to the Decreé of the Commissioners for a Charitable Use , as a Counsellor , Solicitor , or Attorney , to sollicite and defend his Suits and notice is given to him by the Commissioners , of the time and place of execution of the Commission , against the person so entertaining him ; advising him to acquaint the party interessed therewich , and the notice is in time , that he may acquaint him , and no man cometh to make defence or challenge , and the Commissioners make a Decrée , this is good , and the notice was sufficient . And in the Case of S. it was proved , he was an aged man , not able to follow his own business , being in a remote County ; but had a Son , a Counsellor at Law , who in other things attended his Fathers business ; and the Commissioners gave him timely notice . And it was taken as a neglect of purpose to avoid the Commission : Also it was proved , That the Father had personal notice of the time , and place appointed by the Commissioners , and the Son came to attend it , but took no exception to the Iurors : And the Lord Kéeper said , That the notice was sufficient , although he had no notice of the enquiry .

Notice to Purchasors . 14. That if Land given to a Charitable Use , be sold for Money , to one that hath notice of the Vse ; this notice shall make the Land chargeable with the Vse , in the hands of all other Purchasors , although no notice be given thereof to them . But if the first Purchasor have no notice of the Vse , then is the Land discharged of the Vse , and so shall be in the hands of all the succeéding Purchasors . And no notice given to them afterwards will help it . Sée the Statute of 43 Eliz . Chap. 4. and Chap. 6. Case 6.

Rent continnue . 15. If one have a Rent granted to him out of Land , to a Charitable Use , and he afterwards , having no notice of the Charitable Use , Notice to a Purchasor . purchase the Land ; by this it is said , the Rent is not extinct , for that the Purchase is of another thing than was given to the Charitable Uses . Sée for this , Chap. 6. Case 8. 15.

Notice to a Purchasor . 16. Notice to a Purchasor of a Charge upon the Land , to a Charitable Use , before a Conveyance is perfected , as after a Surrender before admittance of Copyhold Land , or between the Agreément andt Sealing of the Writings , or before Attornment , Livery of Seisin , Inrollment , and the like , where notice is requisite , is timely enough . Seé for this , Chap. 6. Case 8.

17. If one give Lands or Goods , and , by his Will , appoints , That it shall be sold to maintain a Charitable Use , and doth not appoint by whom the Sale shall be made ; In this Case , the Commissioners may , by their Decrée , appoint who shall sell them , and order the sale to be good ; and that the Money thereof made , shall be imployed to the Charitable Use of the Giver , according to his Will . And if exception be to it , the Lord Kéeper will confirm it . Seé for this , Chap. 6. Case 22.

18. That if one devise Money to a Charitable Use , Where the Commissioners may charge one for another . for the relief of the poor , and makes two Executors , and dyes , and they prove the Will , and joyntly intermeddle with the Receipt of the Money ; and one of them doth trust the other with the Money , given to perform the Charitable Use , Executors how chargeable . and to pay it accordingly , he wastes it , and dies insolvent , the surviving Executor shall be charged to pay the Money for the Charitable Use , if the Testator hath left Asserts to pay it , for that they did joynly intermeddle . But if the Executor that dyed , did only prove the Will , in the name of both Executors , and the surviving Executor never medled in the execution of the Will , but left all to the other , and he waste the Estate , and dye insolvent , the surviving Executor shall not be charged with the Charitable Use , out of his own Estate . Seé for this Chap. 6. Case 4.

19. That if Money be given to a Charitable Use by Will , and the Executors detain it in their hands many years , and not imploy it according to the Will , having Assetts ; Commissioners give use for damage . the Commissioners may decree the Money , with damages , for detaining of it , to be imployed in the Charitable Use , according to their discretion , not excéeding 8 l. per Cent . for a year , for the Damages . Sée for this , Chap. 6. Case 4.

20 : If Trustées under-lett the Land , For the improvement of the Land . What the Commissioners may do therein . Part 11. To give recompence for waste on the Land . To settle the Lands given to the Charitable Use . To order Trustees to make Leases . To order the increase to the same Charitable Uses . and make a Lease good by Law , the Commissioners may make void the Lease , order the Surrender of it , and order the Settlement of the Land upon other Trusteés . Seé for this , Chap. 6. Case 5 , 6 , 7 , 9.

21. If a Lesseé that hath a Lease at an under-value , make waste by cutting , and sale of Timber , the Commissioners may order them to give a recompence for it . Seé for this , Chap. 6. Case 4. But if he bestow the Timber in repair of the Houses , Contra .

22. The Commissioners may , by their Decrée , enable persons as Trustées , to have interest in the Lands given to Charitable Uses , and to demise the same , according to the improved value . Seé for this , Chap. 6. Case 5 , 6 , 9.

23. That if Lands of the value of 3 l. per ann. be given to maintain a Schoolmaster , and in the Deéd it is expressed , that the said 3 l. only shall be imployed to maintain that Vse , and no other use is expressed in the Déed , and afterwards the Land increaseth to a greater value ; In this case , all the increased Rent shall be imployed for maintainance of that Charitable Use . Seé for this , Chap. 6. Case 6 , 7. And if such Land so given , increase to a better value , if the increased value be not also paid to the Charitable Use ; this is a breach of Trust , which the Commissioners may reform , if no other use of imployment of the Revenue , be expressed in the Donors Deéd . Sée for this , Chap. 6. Case 6 , 7 , 9 , 10. Cook 3. 130.

24. If one set up an Alms-house for eight poor men , having Land worth 40 l. a year , Lett for years at 20 l. a year , and by his Will , devise the Rents of that Land for the maintainance of the Poor in the House , and his Heir pays the 10 l. and at the end of the Term Letts the Land for 40 l. a year ; the Commissioners may decreé the whole , Decree a Lease void to be surrendred and what above the 10 l. a year , he received after the Lease ended . They may also decrée the new Lease void , and to be surrendred . Seé the Case , Chap. 6. Case 9 , 10.

To give Damages , Costs , or Interest . If one give his Land , then worth 10 l. a year , to maintain a Preacher , Schoolmaster , and poor people in Dale , and the Land after comes to be worth 100 l. a year , it must be all imployed to increase the several stipends , and none of it may be converted to private Vse : And so the Commissioners may order it . And so the Lord Keéper will affirm it . Sée for this , Chap. 6. Case 10. Cook 8. 120.

25. The Commissioners may give Costs to the party , who doth prosecute a Commission , to reform a breach of Trust in a Charitable Use , and the Lord Kéeper may increase these Coste , if the party grieved complain without cause . See for this , Chap. 6. Case 5. If Money be given to a Charitable Use , and be long detained as concealed , in the Executors , or in other mens hands ; the Commissioners may decreé the Money , with Interest for the time . Sée for this , Chap. 6. Case 19.

To order Trustees and Visitors , or to change them . Part 12. 26. If Land be given to a Corporation , or other particular person , to perform a Charitable Use , and the Donor appoint them Visitors also of the Vse , according to his intent ; In this case , if the Visitors do break the Trust , either by detaining part of the Revenue , misimploying , or any other ways defrauding the Charitable Use ; this may be restored by the decreé of the Commissioners , notwithstanding the Clause before-mentioned in Sect . out of 43 Eliz . which disables Commissioners to meddle with Lands given to Charitable Uses , where special Visitors are appointed . For the intent of the Statute , is only to disable Commissioners to meddle with such a Case , where the Land is given to persons in Trust , to perform a Charitable Use , and the Donor appoint special Visitors , to sée the Trustées to perform the Vse according to his intent . If in this case , the Trustées defraud the Trust , the Commissioners cannot meddle , but the Visitors are to perform it . But where the Visitors are Trusteés also , there the Commissioners may , by their Decrée , reform the abuse of the Charitable Use . Sée for this , Chap. 6. Case 6 , 7.

27. If Land be given to a Corporation of 20 l. per ann. to maintain a Schoolmaster , and the Donor appoint them Visitors of the School-master and Scholars , Visitors . according to his Orders , What persons the Commissioners are not to meddle with . the Land came to 100 l. a year , and they give 20 l. a year onely to the School-master : upon this the Commission issued out , and the Corporation upon Summons , refused to appear , supposing themselves exempt by the Statute . This being certified , and moved to the Lord Kéeper , he declared his opinion , that the Commissioners might procéed in their Commission , and that the Visitors being Trusteés , and parties breaking their Trust , are not within the Proviso of the Statute . Seé for this ; Chap. 6. Case 7.

28. That where the Heir or others , To order the settlement of the Land given to Use . charged to pay a Charitable Use , do break their Trust ; the Commissioners may transfer the Trust to others , as to the Churchwardens , or others of the Parish , where the Charitable Use is to be distributed . Seé for this , Chap. 6. Case 15.

29. That where the King erects a Freé-School , To appoint other Trustees , and remove the first . and gives Land to it , and doth appoint four Knights , and the Heirs Males of each of their Bodies , to be Governours of the Free-School and Lands , and that none but Knights should be Governors thereof , and they do break the Trust , by making Leases at low Fines , and small Rents , &c. In this case , the Commissioners , upon this Statute , may not decrée the Government and ordering thereof to others . For if they do so , the Lord Keéper will reverse it , by reason of the Proviso in the Statute . But he may order a Bill to be exhibited against the Visitors and Governours , and upon proof of their breach of Trust , take course for relief of the Charitable Use . Seé for this , Chap , 6. Case 39.

30. If one give a Rent out of Land , For a Rent . To revive a Rent extinct . Part 13. to a Charitable Use and one of them to whom the Rent is paid , doth purchase the Land , so that it is extinct ; yet by the Commissioners Decreé , it will be revived . Seé for this , Chap. 6. Case 3. 8.

31. If a Rent be granted out of Land to a Charitable Use , For a Rent given to a Charitable Use . this it séems is a charge , that shall go with the Land , in whose hands soever it comes , albeit it be not so by the strict Rules of Law , and a Distress may be taken for it , upon the terre-tenant , for all Arrears , in whose time soever it was ; and the party must have his remedy against them that had the Land , for the Arrears in their time , in Chancery . Seé for this , Chap. 6. Case 3. 8.

32. That where a Rent-seck is granted of Land by Déed , For a Rent . to such a Vse , to begin after the Grantors death , and he gives Seisin in his life-time , of the Rent , and there is a Nomine Poenae upon the Heir , for the payment of it , Against Purchasors . and the Rent is Arrear : In this case the Commissioners may order a Purchasor , that hath notice of the Vse , to pay all the Arrears , Notice to a Purchasor . both before , and in his time , and the Nomine Poenae , for the time the Purchasor hath had it . See for this , Chap. 6. Case 15.

33. That where Land or Rent is given to a Charitable Use , Against a Purchasor . and mis-imployed , a Purchasor which hath before his Purchase notice of the Gift , is not further to be charged , than for 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 , Et transit cum onere . See for this , Chap. 6. Case 15.

34. That where a Rent is granted out of Land , Notice . to a Charitable Use , and one buys the Land for a valuable consideration of Money having no notice of the Charitable Use , What notice must be given to a Purchasor . and Rent , yet the Rent remains ; for it is collateral 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 . See for this , Chap. 6. Case 8 , 15.33 .

What notice must be given to a Purchasor . 35. Where Lands are given to a Charitable Use . If a Purchasor buy these Lands , not having notice of the Charitable Use : it shall not bind him . But if a Rent be given out of Land to a Charitable Use , and a Purchasor purchaseth the Land for Money , not having notice of the Charitable Use , yet he shall pay the Rent , for he doth not purchase it , but the Land out of which the Rent doth issue , But he shall pay no more Arrearages of Rent , than what hath incurred in his time . But every Occupier and Owner , must answer the Arrearages of Rent for his own time . See for this , Chap. 6. Case 33.

To make a Decree upon Land in another County . 36. That Commissioners in one County , to a place in which a Charitable Use doth belong from Land lying in another County , cannot make a Decrée to conclude parties : For the Decreé must be by the Commissioners of the County , where the Lands given to such Vses do lye . See for this , Chap. 6. Case 24.

To make a Rent-seck a Rent-charge . 37. That the Commissioners may not by their Decreé , make a Rent ( that is but a Rent-seck ) granted to a Charitable Use , a Rent-charge by adding a Clause of distress to it ; for this alters the Rent in the creation , and is against the mind of the Donor . Seé for this , Chap. 6. Case 15.

Touching the Certificate of the Commissioners . 38. As to this part of the procéeding in the execution of this Commission , these things are to be known :

1. That their Order and Decreé so made by the said Commissioners as aforesaid , they are to certify the same into the Chancery . But herein these things are to be observed :

1. They are to certify the same into the same Court of the Chancery of England , or Chancery of the County Palatine of Lancaster , whence the Commission comes .

2. It ought to be certified in Parchment , not in Paper ; and the same under the Hands and Seals of the Commissioners .

3. This must be done within the time limited by the Commission . Seé for this , 43 Eliz . Chap. 4. Cook 2 Part , Institut . 10 , 11.

SECT . V. The Remedy for the Party grieved , by the Order and Judgement of the Commissioners .

IF any be grieved with the Decreé or Iudgement of such Commissioners for Charitable Uses , so certified as before , he is to have his remedy in the Court into which it is sent , and certified by way of Appeal , in this order : 1. He is to make his complaint to the Lord Chancellor , or Lord Kéeper , or the Chancellor of the Dutchy , within whose Iurisdiction it is for his redress ; and this he is to do by Bill , And thereupon they are also to put into the Court their Exceptions in Wrriting , against the Commissioners Iudgement and Order . And on the other side against it , they are to put in their answers to the Exceptions . And thereupon the Court proceéd to Examination , and to their final Decreé upon it , and order it according to their discretion . Seé for this , 43 Eliz . Chap. 4. Cook 2. Part , Instit . 710 , 711.

SECT . VI .

ANd as touching the procéed of the Lord Chancellor , Touching the proceed of the Court , into which the Order is sent , and certified ; And the power thereof . or Lord Keéper , or the Chancellor of the Dutchy , into whose Court the Certificate of such Order , made by the Commissioners , shall be sent and certified , this is to be known .

1. That they may , and ought each of them thereupon , within their respective Iurisdictions , to take such order for the due execution of all , or any the said Iudgements , Decrées , and Orders so certified , as to either of them shall seém méet and convenient , according to Equity and Conscience ; and the true intent and meaning of the Donors and Founders .

2. That in case of complaint against the Decreé or Iudgement of the Commissioners , they do and must procéed to the Examination and Determination of the Cause .

3. That they may upon the hearing of the matter , if they seé cause , adnull the whole Iudgement : But this is rarely done , Diminish ( in part , ) or Enlarge ; that is , Confirm the former Order , and enlarge the same by Addition of something to it , as shall be thought to stand with Equity and good Conscience .

4. That they may award good Costs of Suit by their Discretion , against such as shall complain against the Commissioners Order without good cause . But if the Order or Iudgement of the Commissioners be adnulled , diminished , or enlarged , no Costs may be given to the party complaining . And if the complaint be for Costs given by the Commissioners for breach of Trust , and the Lord Keéper find the Complaint to be without cause , he may increase the Costs . Sée for this , in Chap. 6. Case . 5.

5. That if upon an Appeal , the Lord Keéper alter , or confirm a Decreé , made about Charitable Uses , by the Commissioners , he must do it ; he is to do it with this Limitation . so far as may stand with Equity and good Conscience , according to the true intent of the Donor and Founder thereof .

No remedy against the final Decree of the Chancellors . 6. But if upon an Appeal in Chancery or Dutchy , the Decreé and Orders of the Commissioners be confirmed , the party grieved can have no remedy but in Parliament . For no Bill of Review doth lye after a Decrée is confirmed , upon a Bill of Review . Seé Chap. 6. Case 1. Windsor and Hilton . And yet it is said , it is in the Lord Keépers power to make a Decreé good where it is defective . Sée for this , Chap. 6. Case 20.

Sée for all these things , 39 Eliz . Chap. 6. 43 Eliz . Chap. 4.9 . Cook 2. Part , Institut . 710 , 711.

Collections Out of the Learned READINGS OF Sr FRANCIS MOORE , Kt. SERJEANT at LAW . Upon the Statute of 43 Eliz . Entituled , An Act to Redress . Misimployment of Lands , Goods , and Stocks of Money , heretofore given to Charitable Uses . The Heads and Contents of the several Divisions . 1. WHat shall be said to be a Charitable Use within the intent and meaning of this Statute . 2. What shall be said to be a Gift , Limitation , Appointment , or Assignment of such a Charitable Use . 3. What shall be said to be Lands , Tenements , Rents , Annuities , Profits , Hereditaments , Goods , Chattels , Money , and Stocks of Money Assigned , or Assignable within this Statute . 1. What Commission shall be said to be well awarded , according to this Statute : 2. What Commission shall be said to be well executed . 3. What persons shall be Commissioners . according to this Statute . 4. What persons may be Jurors . according to this Statute . 1. What shall be a sufficient Inquisition . 2. Who a party interessed that ought to be called to be present at the Inquiry . 3. Who a party interessed , that may have their Challenge . 4. What Challenge is allowable . 1. What Decree , Order , and Judgement good , and warranted by this Statute . 2. How such a Decree , &c. may be executed . 3. What Decrees , &c. may be undone , or altered by the Lord Chancellor , and upon complaint , &c. 4. What adnullation , alteration , &c. of such Decrees by the Lord Chancellor , shall be good and firme within this Statute . 1. In what Cases , Lands , &c. and Goods , &c. given to Colledges , &c. or Cathedral Churches , &c. are exempt out of this Act. 2. In what Cases , Lands , &c. given to Cities or Towns Corporate are exempted . 3. In what Cases , Lands , &c. given to Hospitals , or Free-Schools are exempted . 1. What shall be said a Purchase , or obtaining , upon valuable considerations of Money or Land , of any Estate or Interest of , into , or out of any Lands , &c. given to any Charitable Use within the Proviso of this Statute , 2. What a valuable consideration . 3. What shall be Fraud or Covin within this Act. 4. What notice sufficient to charge a Purchasor . 1. What shall be said a breaking of Trust , or defrauding of Charitable Uses , within this Act. 2. What Heir , Executor or Administrator shall be chargeable with recompence for breach of Trust , or defrauding of Uses , by his Ancestors , Testators , or Intestat . 3. What shall be Assetts in Law or Equity , to make recompence according to this Act.
EXPOSITIONS .

I shall begin with the Words , Upon the first Branch of the Statute . and upon that Branch of this Statute , which relates to Gifts , Limitations , Assignments , and Appointments . And to Lands , Tenements , Rents , Annuities , Profits , Hereditaments , Goods , and Chattels , Money , and Stocks of Money , given , or assigned to Charitable Uses , and in my Discourse , consider , 1. What shall be a Charitable Use within the intent , and meaning of this Statute . 2. What a Gift , Limitation , Appointment , or Assignment of such a Charitable Use . Four Points . 3. What shall be said to be Lands , Tenements , Rents , Annuities , Profits , Hereditaments . 4. What Goods and Chattels , Money , and Stock of Money , Assigned , or Assignable , are within this Statute . And upon these Points declare my opinion , and I take it to be Law . That no use shall be taken by Equity , Resolv . to be a Charitable Use within the meaning of this Statute , &c. fol. 2. 3. 4. 5. 6. 7.

NO Vse shall be taken by Equity to be a Charitable Use within the meaning of this Statute , Nota . if it be not within the Letter or Words of the Statute . But a Vse may be construed to be within the Statute by Equity Equity . taken upon the Letter of the Statute , and so within the words , Repair of Churches , Church . Chappel . Chappels may be taken by Equity , and under that word Church , all convenient Ornaments , Finding of Ornaments . and Concurrents convenient for the decent , and orderly Administration of Divine Service ( as for the finding of a Pulpit Pulpit . or a Sermon-Bell , Sermon-Bell . &c. may be comprehended . For Reparations of Churches are but preparations for the Administration of Divine Service .

And as upon the words of the Statute , 5 Ed. 6. cap . 4. against fighting or striking in Churches , or Churchyards , it hath béen taken , That if any strike another in a Church , Chappel , or Churchyard , he shall be Excommunicate , ipso facto , by Equity of the said Statute , upon the word Church and Churchyard . So upon the word Repair of Churches , may Chappels be taken by like Equity in this Statute .

But a Gift of Lands , A Gift to maintain a Chappel or Minister , to do Divine Service , is not within this Statute . &c. to maintain a Chaplain or Minister , to celebrate Divine Service , is neither within the Letter , nor meaning of this Statute ; for it was of purpose omitted in the penning of the Act , lest the Gifts intended to be imployed , upon purposes grounded upon Charity , might , in change of times ( contrary to the minds of the Givers ) be confiscate into the Kings Treasury . For Religion being variable , according to the pleasure of succéeding Princes , that which at one time is held for Orthodox , may at another , be accounted Superstitious , and then such Lands are confiscate , as appears by the Statute of Chanteryes , 1 E. 6. cap . 14.

Poor . For relief of Aged , Impotent , and Poor . Vpon these words , For relief of Aged , Impotent , and Poor People ; Poverty is the principal and essential Circumstance to bring the Gift within the compass of this Statute , Poverty is the Essential circumstance . for a Gift to the Aged of such a Parish , or to the Impotent of such a Parish , Gift to the Aged , without saying Poor , is not within this Act. So to the Impotent , without saying Poor , is not . without expressing their Poverty , is not within the reach of this Act , because they may be rich .

But a Gift to the Poor without expressing Age or Impotency , is good enough ; for poverty , without further regard , is subject , sufficient for Charity to work upon .

So a Gift to all the Aged or Impotent of such a Parish , not assessed in the Subsidy , is good , for those which are not assessed in the Subsidy , are poor within the intent of this Statute .

Bastard . So a Gift of Money to make a Stock to bind Apprentices , the Children of such Men as are not in the Subsidy of Goods , to relieve Bastards , is a Charitable Vse , because they are like Orphans ( having by intendment of Law ) no Parents to relieve them .

To find Bows and Arrows for Children of poor Men . To find Bows and Arrows for the Children of poor Men , in such a Parish , is good also , because it is an ease to their Fathers , which are poor , and yet are bound to find them .

Relief . Meat , Drink , Apparel , for necessity , according to Law , not given to do an Act against Law . ( Relief ) Vnder this word are comprized , Meat , Drink , and Apparel , wherein threé things are considerable in the Gift , 1. That it be for necessity only , not for ornament or superfluity . 2. That it be according to the Laws , not against the Law . 3. That it be not given to do some act against the Law .

A Gift to build Houses for the Poor , with four Acres to a Cottage .

To make Conduits to such Alms-Houses , to maintain a common Landress for the Poor of such Houses . To maintain one to read Prayers to the Poor of such a House .

To build a House for the Poor to resort unto , to receive their Alms , Pensions , or Payments .

To provide them weapons for the defence of their Houses , not to wear abroad for ostentation .

To increase the Dyet of Alms-men upon Festival days .

But to make Seats for poor People to beg in by the High-ways , is no Charitable Vse within this Law , for charity must concurr with the Law , and the Law prohibits begging , therefore it is no charity to maintain begging .

King Hen . 7. erected certain Alms-houses at Westminster , of a certain number of poor people , whereof one should be a Priest , who at certain times was to go about certain places , and pray for the Souls of the King and his Ancestors . Now although the Gift to the poor might séem Charitable , yet because it would not consist without a Priest to pray for Souls , which is Superstitious , it was decreéd in the Chancery 27 Junii , ann. 30. R. Jac . That it was no Charitable Use within the Statute . Simon Peters Case .

A Fine was Levied by a Recusant to another in Queén Elizabeths time , and this was in Trust , That the Profits might be imployed upon an Hospital of Religious , which should be renewed , when the times would serve ; and in the mean time , the Profits to be imployed to the relief of poor people , by the discretion of the Conusee and his Heirs , according to the intent of the Conusor .

In this Case , because it was apparent , that the Donor was a Recusant , and the Imployment must be according to his intent , and his intent could be to no other then the relief of poor Recusants , which is not agreeable to the Law , therefore Term Hill . 3. Jac . The Land was decreéd to the Heir at the Common Law , because the Vse was not Charitable within the meaning of this Statute-Law . Lady Egertons Case .

( Soldiers ) Vnder this word are contained every one , Soldiers . Voluntary or Prest , are within this Act. but not voluntary Victualers , nor the Wives , Children , or Servants of Soldiers . whether voluntary or Prest , that hath served in any band as a Common Soldier , or Captain ; but no voluntary Victualers ; nor the Wives , Children , or Servants of maimed Soldiers , because they cannot participate of their Mayme . If an Alien be maimed in English Service , he is relievable by this Statute . But if an Englishman serve in the Wars of an Alien , he is not a Soldier within the meaning of this Act.

( Mariners . ) By this word are understood all necessary servants in a Ship , as well as the Master or Pilate ; Mariners . All necessary Servants in a Ship . Victualers , Artificers , in the Kings Ships , or Ships of War , or Merchants Ships . so are Victualers , so are Artificers ; and so are Mariners in Merchants ships , as well as in the Kings , or in ships of War , because the Merchants are imployed in service of the Realm ; as well as Men of War ; but neither the Owners , nor Passengers , nor Barge-men , nor Wherrymen , nor such as serve in the ships of Aliens , or such ships as go to Sea without Letters of Mart , are no Mariners within the intent of this Law .

Soldiers sick , or maimed . ( Sick and Maimed . ) These words must be taken disjunctively , and dividedly , so that ( AND ) must be construed for ( OR ) For if the party be either Sick or Maimed , he is relieveable : but if he be sick , his relief must last no longer than the time of his sickness , and the sickness must be such as ariseth by reason of Service , as of Fluxes , Consumptions , &c. A Maime is a hurt that disables him for serving any more , as a Soldier or a Mariner .

If the Maim happened in lawful service , the party is relievable , and therefore if in Conductions , or in Camp , a Soldier be maimed by mis-adventure , he is relievable , although he depart from Service without Licence , after the Maim taken , because the Maim was lawful . But if one serve an Enemy , and be there maimed , although he be after pardoned , yet he is not to be relieved by this Law . So if his hand be cut off for an offence , though he were in an English Band , because it was not in Service .

Schools of Learning . As of writing , Reading , or any Mathematical Science , Playing of Organs by Men , are within this Act. [ Schools of Learning . ] Such are Schools of Writing , Reading of Languages , Musick , or any Mathematical Sciences , Playing of Organs by Men , because such Musick is used in Churches .

But not of Dancing or Fencing . But no Schools of Dancing or Fencing , are within the intent of this Law , because they are matters of Delicacy , not Necessity .

No Schools for Catechising , because Religion is variable , and not within this Statute .

Free-Schools . Grammar-Schools , and all Requisites to it . [ Free-Schools . ] These are to be understood , Grammar-Schools , and all things requisite thereunto , as Provision for the Room , for the School , the Master , and Vsher , and the Lodgings , &c.

Scholars in Universities of Oxford or Cambridge , and such Students as study Divinity , Law , or Physick , not Popery . [ Scholars in Universities . ] These general words must be restrained to the particular Vniversities of Oxford and Cambridge ; and to such Students that study Divinity , Physick , or Law , not Students in Arts only , nor to any Students of Divinity in Popery , &c.

A Recusant made a Feoffment of certain Lands to divers others , upon hope , that they would imploy the Profits of the Land to the use of poor Scholars in Oxford or Cambridge , or elsewhere , being such as studied Divinity , and took Holy Orders , according to the discretion of the Feoffeés , and agreéable to the intent of the Feoffor , in this case , because the party was a Recusant , and his intent by the words might appear to be , that the misimployment should be upon poor Popish Priests ( for the words elsewhere in their meaning , is some foreign Vniversity , and the Holy Orders they intend , are Popish . ) Therefore , 16 Nov. 3 Jac . It was decréed , That the Heir should have the Land , because the Vse and Imployment was not Charitable , but Superstitious , and not upon Scholars , within the meaning of this Law .

If a man give a stock of Money to be put out to young Tradesmen , at 5 l. per 100 l. the Interest-Money to be imployed upon young Students in Divinity , to provide them Living withal ; this Vse to the Students , is not a Charitable Vse , because it depends upon Vsury , and maintains Symony .

If a poor Scholar be married , or be placed in the Colledge of Physitians , he is not to be relieved by this Statute , because it is presumed , he hath competent advancement .

[ For repair of Bridges ] , Bridges for publick passage , not private ease . Such only as are for publick passage , not private ease .

[ Ports and Havens . ] Ports and Havens , as tending to safety of Ships for Sails , not other Vessels , and Creeks for Harbor , to find Lights , to guide Ships into the Haven . Such onely as tend to safety of Ships of sail , not other Vessels ; and Creéks for Harbor , which are implyed to find Lights to guide ships into the Haven , is a Charitable Vse within these words , An Imposition granted upon Commodities Imported or Transported , to be imployed upon repair of Ports or Havens , where they shall Land , is a Charitable Vse , and within this Statute ,

[ Common Ponds ] Or Watering places , Common Ponds , or Watering places . are within the Equity of these words .

[ Sea-Banks . ] Sea-Banks . only where the Sea Ebbs and Flows .

And a Gift to repair Sea-Banks is good , notwithstanding others stand bound , by Covenant and Prescription , to repair them , because it is a common good , in preventing a common danger . vide Rooks Case , in fine Cook 5. 14.

[ Orphans . ] Orphans . Are those that are Poor and Parentless , and such are Bastards Bastards . after the death of their Mother , and are to be relieved , until by intendment they are able to get their living , which is the age of 21 years .

If a Parentless poor Child be married under 12 years of age , it continues an Orphan , until the age of Assent , no Servant or Apprentice is an Orphan within this Statute , because they have Masters , which are in lieu of Parents to provide for them , but a Scholar may be an Orphan untill 21 years of age .

Education and Preferment of Orphans , Lands given to buy Horses , and to provide a Rider , to teach Orphans , to ride , which hold by Knights service , is within this Law .

Houses of Correction . [ Houses of Correction . ] Cannot be Founded by Charter without an Act of Parliament , because it tends to Corporal punishment , which cannot be inflicted without Parliament , but Iustices at their Sessions , may find one , by vertue of the Act of Parliament , made 39 Eliz .

A Gift of Money to erect a House of Correction , is good and within the meaning of this Law .

Marriage of poor Maids . [ For Marriages of poor Maids . ] These words extend not to such as have Parents able to give Portions with them , nor to such as have Legacies given them , nor to such as are incontinent , nor such as marry without , or against the consent of their Parents : But though they have Vncles , and able to give portions , yet they are poor within this Law . To provide them Wedding Apparel , or an Offering-Dinner , is a good Vse ; but not to provide them Wedding Rings , because that is the Husbands part .

Young Tradesmen . [ Young Tradesmen . ] Not after five years continuance in Trade .

Bankrupts , and persons decayed . [ Persons decayed ] Bankrupts are within these words , if they lye in Prison , not if they kéep their Houses , because they have submitted themselves to the Law . And the Statute of Charitable Uses , was made after the Statute of Bankrupts .

Such as are decayed by negligence , of Fraud of Servants , or casualty of Fire , &c. are within this Law , but such as are decayed by Suretyship , are not relievable by this Act.

To lend to young Tradesmen under 10 l. the 100 l. is Charity , but to imploy the Interest , is not within this Statute , because no Charity can arise out of Vsury , Usury . all Vsury being unlawful .

For relief or redemption of Prisoners or Captives , Prisoners or Captives . to Prisoners upon Premunire , or upon Executions upon Condemnations , are relievable .

But Seminaries Semenaries . committed by the High Commissioners , are not , because the ground of their restraint , is a Contempt ,

An enemy taken Captive by another Christian , not relievable , But if a Christian be Captive to a Turk , he is relievable , because he was taken prisoner , in defence of a common Cause ; For the Turk is Hostis Communis to all Christians .

A Gift was made to relieve such as were imprisoned for their Conscience sake . P. for Conscience . It was agréed in Throgmorton and Grayes Case , 41 Eliz . That if they were in prison , in subjection to the Law , upon Condemnation , they were relievable , if upon obstinacy , not to be relieved by the Charity of this Law .

The Wives and Children of Prisoners , are not within the Equity of this Act.

Taxes , Taxes . Subsidies , are not within the meaning of this word , because poor men pay them not , and seé no ease to discharge them of that Taxe . But all Taxes , where with the poor as well as rich , are chargeable , are within the intent of this Law : as kéeping of Watches , pursuing of Hue-and-Cries &c. But Fines for Escapes , for Robberies are not within this Act.

Penalties of Statutes , Penalties of Statutes non obstantes , Monopolies , and such kind of priviledges , cannot be granted to a Charitable Use .

Upon the First Division .

Four necessary Incidents to a Cha . Use . AS in all other Grants , so in a Gift to a Charitable Use , these four things are principally considerable ; 1. The Ability of the Donor . Ability of the Donor . 2. The capacity of the Donée . Capacity of the Donee . 3. The instrument The Instrument . or means whereby it is given . The thing given . 4. And lastly , the thing it self , which is or may be given , to a Charitable Use .

Persons disabled to be Donors . Those persons which are disabled to be Donors by the Common Law , or by Statute , are disabled to give to a Charitable Use , such are Infants , Married Women , Ideots , Madmen , Lunaticks , Accomptants to the King , Bankrupts , Infants , Married Women , Ideots , Madmen , Lunaticks , Accomptants to the King , Bankrupts . &c.

An Infant may make a Feoffment to Cha . Use , with a Letter of Attorney to deliver Seisin .

If he give Seisin , or Levy a Fine , these are only voidable . If a Feme Covert Levy a Fine to a Cha . Use , and survive the Baron , it is good ; if the Husband survive , it is void .

If an Infant make a Feoffment to a Charitable Use , with a Letter of Attorney , to deliver Seisin , this is meérly void ; But if he Levy a Fine , or make Livery himself , these are but voidable , So ,

If a Married Woman levy a Fine to a Charitable Use , this is good until it be reversed ; If the Husband and his Wife levy a Fine of the Wives Land , and the wife onely declares the Vse : If the Husband survive , the Vse is void : but if the Wife survive , the Vse is good . A married Woman , A married Woman Executrix , nay give the Goods of the Testator to a Cha . Use . Executrix to another Man , may give the Goods which she hath as Executrix , to a Charitable Use .

An Ideot , Madman , Lunatick , make a Gift to a Cha . Use , and good , till Office found .

A Bankrupts Gift to a Cha . Use , is good , till a Commission of B. executed .

An Accomptant may do the like and good , till he be found insufficient .

If an Ideot , Madman , or Lunatick , make a Gift to a Charitable Use , it is good , until an Office be found of their Ideocy , &c.

If a Bankrupt make a Gift to a Charitable Use , it is good , until a Commission be awarded and executed . So , if an Accomptant make a Gift , it is good , until it appeareth , he is not sufficient otherwise to make satisfaction .

May be Donees , Feoffees , &c. Persons disabled to be Donors , may be Doneés , or Feoffées to Charitable Use , and such as cannot be Feoffées to other Vses , may have Lands to a Charitable Use :

Feoffment to Dean and Chapter , to perform a Cha . Use , good . If a Feoffment be made to a Dean and Chapter , upon condition to perform a Charitable Use , it is good , though they connot be seised to another mans use .

Bankrupt , Accomptant , Recusant , may be Feoffees to a Charitable Use .

Daughter and Heir gives Land , &c. and then a Son born , the Son shall avoid the Gift .

The Father Feoffee up●n conditions , gives to a Charitable Use .

A Bankrupt , an Accomptant , a Recusant may be Feoffees , or Donées , to a Charitable Use .

If the Daughter being Heir , gives the Land , discended to a Charitable Use , and then a Son be born , The Son shall avoid the Gift .

But if the Father had beén a Feoffeé , upon condition , that he or his Heirs should give the Land to a Charitable Use , and the Daughter had made such a Feoffment before the birth of the Son , that should have bound the Son ; Shall bind the Son . because it was no more then the Son himself should have performed , by reason of the condition .

A Gift was made to a Parson and his successors , A Gift to a Parson and his Successors , to the use of a Parish , good . to the use of the poor of the Parish : the Parson made a Lease for 30 years , The Lesseé did not perform the Vse , and the poor made an Entry ; In this case it was resolved , That the Gift was good : and that the Lease for so many years was good also . Notwithstanding the Statute 13 Eliz . Cap. 10. And the Reasons , 1. Because it was not antient Glebe of the Church . 2. Because it could not tend to the impoverishment of the Successor ; insomuch as it was given to a Charitable Use . Banisters Case in the Star-Chamber , 44 Eliz .

Lands are given to an Ideot for a Charitable Use , Lands given to an Ideot , good , till Ideocy be found . this is good , until an Office find him an Ideot ; but after Office found , it shall be void , during his life ; and then after his decease , it shall be revived in his Heir .

A Gift made unto a married Woman , A Gift to a Married Woman , void , if her Husband disagree . if her Husband disagreé . The Gift is void .

If Lands or Goods be devised to one by Will , Devisee by Will , granted by Deed , compellable to perform the Cha . Use . or a Remainder limited to one by Deéd , to perform a Charitable Use . If the Devisée will refuse the Legacy , or the Grantée wave his Remainder , and that by Fraud or Covin , they are compellable to take the Land , and to perform the Vse .

The King gives Land Probis hominibus de D. ( which was no Corporation before ) rendring a certain Rent , Where a Corporation , which was none before , shall continue for a Cha . Use only . and the residue of the Profits , to repair a Bridge , &c. and after the King releases the Rent or Farm ; in this Case , though the reservation of the Farm was the cause of their corporation and capacity , which being released , their capacity should séem determined ; yet for the preservation of the Charitable Use , they shall continue a Corporation for that purpose only .

A Gift to a Parish by Deéd to a Charitable Use , A Gift to a Parish by Deed , to a Cha . Use , is void . A Devise by Will , good . is void , but a Devise by Will is good ; and the Churchwardens , and Oberséers , shall take it in succession . And in London , the Mayor and the Commonalty . 40 Ass. 26.

A Charitable Use cannot be limited upon an Estate in Dower , nor upon a Gift in frank Marriage ;

A Cha . Use cannot be limited , upon an Estate in Dower .

Nor upon a Gift in frank Marriage , nor upon exchanged Land .

But it may be charged upon a Joynture . Gift in Tail , by render by Fine , upon a Gift , causa Matrimonii praelocuti .

Release of right of Action , Entry , &c. or any thing valuable .

nor upon exchange made of Lands .

But a Ioynture may be made to a Charitable Use , because it may be upon condition ; Vernons Case , Coke . 4. 2. And wheresoever a Condition is limitable , there a Charitable Use is appointable .

It may be limited upon a Gift in Tail , by a Render by Fine , upon a Gift , Causa Matramonii praelocuti , upon a Release of Right , Action , Entry , &c. or any thing valuable upon a bargain and sale of Land ,

Upon bargain and sale , it may be averr'd Upon a Feoffment without Livery . Upon a Reversion without Attornment . Upon a bargain and sale , without Inrollment .

Wheresoever a condition is limitable , there a Cha . Use is appointable .

Coppyholder surrenders to the use of a Grammar-School . The Lord is compellable to admit the Tenant .

If Surrender had been to a Corporation , the Law is otherwise .

it may be averred , that it was to a Charitable Use upon a Feoffment , without Livery , upon a Grant of a Reversion , without Attornment , upon a Bargain and Sale without Inrollment .

If a Copyholder surrenders to another , to the use of a Grammar-Scool , the Lord of the Mannor is compellable to admit the Tenant , because it is not prejudicial to the Lords insomuch , as he hath but one Tenant , after whose death , his Fine is due , as it was before , and the use of the Land is only in the Corporation . Ranshaw & Robottom's Case at Sc. Albans , Dower in the Chancery , 43 Eliz . Otherwise , if the Surrender had beén made to a Corporation ; for then the Lord should have beén prejudiced in his services ; so if the custom of the Mannor be to devise to one only , and to have a Harriot after his death ; the Tenant may not surrender to two persons to a Charitable Use , because the Lord is delayed of his Harriot .

Coppyholder surrenders to the use of his Will . A Copyholder surrenders to the use of his last Will , and thereby devises , that the Parson , the Churchwardens , and four honest Men of the Parish of Alhallows , should sell his Copyhold , Deviseth Land to be sold for a Cha . Use . to be imployed to a Charitable Use . The Copyholder dyeth , his Heir is admitted , the Parson , The Heir compelled to surrender accordingly . &c. sell the Copyhold to J. S. the Heir was compelled to surrender to J . S T.H. Guiddys Case decreéd , 4 Jac . in the Chancery .

A Lease rendring Rent to a common Midwife , for poor Women , good . A Lease for years is made , rendring Rent to a common Midwife , for poor Women : the Rent is limited , by reason of the Charity , though a reservation of Rent cannot be appointed to a stranger , by the Common Law .

Two joynt Tenants one released to a Cha . Use , the Use is well limited . If there be two Ioynt-Tenants , and one release to the other ; to a Charitable Use , the Vse is well raised ; but if two Ioyn-Tenants of a Rent , and one grants his part to the other to a Charitable Use , But a Grant from one to his fellow , is void . that is void , for one Ioynt-Tenant cannot grant to the other .

Land sold to a Cha . Use , after a Feoffment , with power of Revocation , the use is well raised . If a man make a Feoffment , with a power of Revocation , and afterwards he sells the Land to a Charitable Use , the Vse is well limited , and he cannot revoke . If a man devise a term for years , to a Woman , during her life , Residue of a term charged with a Charitable Use . the remainder to another to a Charitable Use , though the remainder which is limited , be void , yet the Executors of the Woman , which shall have the residue of the term , shall be charged with the Vse .

Three Parishes . Money given to be Lett out by the Churchwardens at Interest . Relievable in Chancery , but not by this Statute . If a man bequeath 300 l. to threé Parishes , equally to be Lett out , at 5 l. per 100. by the Churchwardens of each Parish , this Legacy is not within this Statute ; but yet the Chancellors may give remedy by Equity in the Chancery .

If Money be given to be put out at 5 l. per Cent . and the Interest to be given amongst the Poor , Interest of Money given to a Cha . Use , not Charity , because grounded upon Usury , which in it self is unlawful . this is no Charitable Use within this Statute , because it depends upon Vsury , which is unlawful .

If a man devise that the Executors or Administrators of his wife ,

A Devise to charge the Executors , &c. of a Feme-Covert , with a Charity , is void .

If that Feme take another Husband , & he have Assetts of the first Testator , it is good , as to the Assetts .

shall pay 100 l. to be Lett out to young Tradesmen , this Devise is void , because he cannot charge the Executors or Administrators of his wife . But if that Wife take another Husband , and he hath Assetts in his hands , of the Goods of the former Husband , those shall be lyable to the Charitable Use ; and these observations he made upon a Decreé , in Jo . Haward's Case , Ann. 40 Eliz . A Charity given to the poor of an Hospital , being no Corporation , decreed to the Mayor and Burgesses , in whose Precincts the Hospital was , to the use of the poor of that Hospital .

G. gave Lands to the Poor of the Hospital of Reading , 44 Eliz . now the Hospital was no Corporation , and so not capable ; but the Mayor and Burgesses were Governors , and Supervisors of the Hospital , the Land upon Equity , decreed to the Mayor and Burgesses , to the use of the poor to that Hospttal .

Where the things given may pass without Déed , A Charity may be averred , where it passeth without Deed . there a Charitable Use may be averred by witnesses ; but where the things cannot pass without a Deéd , Where they pass by Deed , é contra . there Charitable Uses cannot be averred , without a Deéd , proving the Vse .

If a Fine be Levied , Sur-Grant & Render , A Charity cannot be averr'd against a Fine , Surrender , Grant , and Render . a Charitable Use , cannot be averred without a Déed : but if a Fine he levied , and a Vse expressed in another Déed , If the use pass by another Deed , & upon Confidence , &c. an averrment is good by paroll . That expressed Vse may be averred without Déed , to be a Charitable Use , and upon confidence ; so may an Averrment be taken by paroll of a Charitable Use , which is agreeable to the Vse expressed .

A Ioynture made , to bar a Woman of her Dower , A Charitable Use upon a Deed , to bar a woman of her Dower , cannot be averr . d' cannot be without Déed ; and therefore a Charitable Vse , limited upon such a Ioynture , cannot be averred without a Deéd .

If a man make a Feoffment , upon condition , Upon the re-entry of a Feoffor of a Charity , after Condition broken , the use is destroyed . that the Feoffeés shall perform a Charitable Use ; if the Feoffor himself re-enter for the Condition broke , the Vse is destroyed : but if his Heir enter for breach of the Condition , he shall perform the Vse , But if his Heir enter ut supra , he is bound to perform the Use . because he comes in upon Confidence , and the Condition was compulsory to perform the Vse .

A man being seized of two Acres of Land , A Devise to two Sons of two Acres , for a Cha . Use , one Burrough-English , the other at Common Law , both are chargeable with the Cha . Use . the one of the nature of Burrow-English , the other at the Common Law , hath two Sons , and deviseth both those Acres to both his Sons , to perform a Charitable Use . If the Condition be broken , the elder Son shall enter into the Burrow-English , and the younger into the Guildable Acre , and each shall hold his Acre , charged with the Vse , because the condition was penal and compulsory , to perform a Charitable Use .

5 things not chargeable with a Cha . Use . 1. Things of no profit 2. Things incident to others , and unseparable . 3. Possibilities . 4. Conditions . 5. Copyholds , if prejudicial to the Lord . Advowson in gross . A Way , Matters of Pleasure , as License to hunt in a Park . A Seigniory pro Fealty only , &c. cannot be granted to a Cha . Use , but may be released or sold , and the Money raised , disposed of accordingly .

An Advowson granted upon condition , when the Church is void to a Cha Use . is a good limitation . Common Appendment , and Annuity , pro consiti● , cannot be granted .

Entry upon condition broken , to perform a Cha . Use , the Grantee is chargeable .

There be five manner of things which cannot be granted to a Charitable Use , First , things that yield no profit . 2. Things that are incident to others and unseparable . 3. Possibilities of Interest . 4. Conditions . 5. Copyholds , if any way prejudicial to the Lords .

An Advowson in gross , a way , or passage , matters of pleasure , as License to hunt in a Park , A Signory pro Fealty only , &c. , cannot be granted to a Charitable Use : but they may be released to a Charitable Use , or sold , and the Money provenient , disposed to a Charitable Use .

So an Advowson may be granted , upon condition ; that so often as the Church shall be void , a poor Scholar of such a Colledge shall be preferred , and the limitation is good .

A common Appendant , an Annuity pro consitio impendendo , and such things not separable , cannot be granted to a Charitable Use .

If a man make a Lease for life , upon condition , and after grants his Reversion , upon condition to perform a Charitable Use , if the Grantée enter for Conditions broken , he shall presently hold as charged with the Vse .

A Condition in gross may be released to a Charitable Use , but it cannot be granted .

The Heir not chargeable with a Cha . Use , after a Mortgage charged therewith . If one Morrtgage or Devise , that if his Heirs redéem the Land , he shall perform a Charitable Use , the Heir is not chargeable , for his Father had but a bare Condition ; and yet if the Mortgager Devise , that his Executors shall pay the Money to redeém the Land ; or if he devise Money to his Heir , But if the Heir redeem the Land , it is chargeable . to redéem the Land , and devise farther , That when the Heir hath redeémed the Land , he shall perform a Charitable Use , this Lease is well limited , and the Heir is chargeable with it .

The Statute of Wills binds not this Statute .

Two parts devised to pay debts , a third to a Cha . Use , the Heir charged with the Use by descent .

The Statute of Wills , binds not this Statute ; for if Tenant by Knight-service dispose of two parts of his Lands , for the advancement of his Wife and Children , &c. and after devise by his Will , That his Heir shall perform a Charitable Use with the third part ; the Heir shall be charged with the Vse , because he is in by discent .

Heir by Covin denies tender of Money , given to a Cha . Use , upon sale of Land , decreed the Land charged therewith to be sold , and debts paid . The Mortgager devises , that his Executors shall pay the Money to the Mortgagée , and that then they shall sell the Land , to pay his debts ; the Executors tender the Money at the day , the Heir by Covin denies , that they shall tender in his name . It was decreéd 42 Eliz . in Chancery , that the Mortgageé should receive the Money , and that the Executors should sell the Lands , and pay the debts . Wormeston & Price's Case . The like reason of a performance of a Charitable Use , which is equally , if not more favoured in Equity than payment of debts .

If a man appoint by his Will , All that shall be recovered upon an Action of Debt , &c. given to a Cha Use , the Use is well limited . that his Executors prosecute an Action of Debt , Detinue , Covenant ; &c. and that all which they recovered in such an Action , shall be imployed to a Charitable Use . This Vse is well limited , upon such a possibility &c.

If one have a term for years to a Charitable Use , Damage recovered by a Termer , in an Action of Covenant upon an Ejectment given to a Cha . Use , is a good limitation . and it is evicted , all the damage which the termer shalt recover , upon an Action of Covenant , shall be imployed to the Charitable Use .

The same Law , of Land recovered in value for it ,

The same Law , of Land , recovered in value .

So of a Tenancy , if it Escheat , &c.

shall be lyable to the Charitable Use ; so shall a Tenancy , which escheats to a Seniory , that was granted to perform a Charitable Use .

Upon the Second Division .

Upon the Second Branch . That it shall and may be lawful , to , and for the Lord Chancellor or Keeper of the Great Seal of England for the time being . And for the Chancellor of the Dutchy of Lancaster , for the time being , for Lands with-that County Palatine , to award Commissions under the Great Seal of England , or the Seal of the County Palatine , as the case shall require , to the Bishop of every seral Diocess , and his Chancellor , in case there shall be any Bishop , at the time of the awarding the Commission , and to other persons of good and sound behaviour . Provided , 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 Juror , for any the Causes aforesaid or being named , shall execute or serve in the same .

And upon this Branch , and the Proviso , I shall observe , 1. What Commission shall be said to be well awarded . 4 Points . 2. What Commission shall be said to be well executed . 3. What persons shall be Commissioners . 4. What persons may be Jurors : And I conceive ,

Resolve . The King may name the Commissioners , &c. ut in fol. 7 , 8.

The King may name Commissioners , and seal their Commission himself . THe King may name the Commissioners , and seal the Commission himself , notwithstanding the words of the Statute ; That the Lord Chancellor , &c. shall award Commissions , &c. but Commissioners , which have the custody of the Great Seal , during the vacancy of the Chancellorship , cannot award a Commission by vertue of this Act.

Commissions in the vacancy of a Chancellor , cannot .

A Commission under the Privy Seal , gives no authority .

If the King command a Commission , this shall be said to be awarded by the Chancellor .

Under the word ( Lands , in the County Palatine , are comprehended Commons , Rents , Apprender , &c.

Goods within the County Palatine , and to be imployed in some place out of the Dutchy .

A Commission awarded under the Privy Seal , gives no authority to proceéd according to this Statute . But if the King Command the Chancellor to award a Commission , under the Great Seal , this Commission shall be said to be awarded by the Chancellor , though the King gave direction .

For Lands within the County Palatine ; under the word Lands , are comprehended all things , either issuing out of Lands , as having dependen●y upon Land , as Commons , Rents , Apprendre , &c. the Chancellor of England , only , shall award a Commission .

But for Goods given to Charitable Use ,

Or if Lands given , lye without , and the Use within .

Several Commissions by several Chancellors , under both Seals , must be awarded .

within the Dutchy . If the Lands given to Cha . Uses , lye within the Dutchy , and the imployment be appointed in some place , out of the Dutchy ; or if the Lands lye without , and the imployment is limited within the Dutchy , in these cases , either several Commissions may be awarded by the several Chancellors , or one Commission under both Seals ,

If Rent be given out of Land in one County , with a clause of Distress in another , Commission must be to the County , where the Land is charged .

If two Counties joyn , one Commission is sufficient , but always several Inquisitions in each County .

A Bishop Elect , is no Bishop within this Act.

If Consecrate before the Teste of Commis . it is sufficient , though it be the same day A Bishop Suffragan not within this Act.

may be sufficient . But if Rent be given out of Land in one County , and a Clause for Distress limited in another County , there the Commission must be to that County where the Land lies , out of which the Rent is granted .

Where the Counties may joyn , there one Commission is sufficient ; but always there must be several Inquisitions in each County .

To the Bishop and his Chancellor . A Bishop elect , is no Bishop within this Act. But if he be consecrate before the Teste of the Commission awarded , it is sufficient ; though it were the same day .

A Bishop Suffragan , although he hath Episcopal Iurisdiction , yet he is no such Bishop to be named in a Commission , upon this Statute . A Bishops Chancellor , named after the Award , cannot meddle . A Commission is awarded to a Bishop , and his Chancellor , whom the Bishop names after the award ; this Chancellor , cannot intermeddle in the execution of the Commission ; for he was not Chancellor at the time of the awarding the Commission .

Though a Bishop be notoriously criminous ,

A Bishop notoriously Criminal , may be named , unless deposed .

If a party , he ought to be omitted , upon mention of the special matter .

And so the Commission good , though the Bishop be omitted . An Alien . A person Fined for Ryots , &c. may .

But a Juror Fined for Acquitting a Felon against Evidence , or one Fined for Fraud and Cousenage , nor a Barritor nor any persons convict , may not be of the Commission .

yet unless he be deposed , he ought to be named in the Commission , But if a Bishop be a party interessed , he may be omitted upon special mention of the Cause , and so the Commission may be good , notwithstanding the omission of the Bishop .

Persons of good and sound behaviour . An Alien of amity may be a Commissioner ; so may a person that is Fined , or Ryots ; or petty-misdemeanors ; but one that was Fined , for acquitting a Felon against the Evidence given , when he was a Iuror , may not be a Commissioner ; for one that was Fined for Fraud , or Cousenage , or a Barritor , and all persons convict , cannot be of the Commission .

No person that doth , or may pretend Title ,

No person pretending Title , may be either Commissioner or Juror .

Land devised to be sold for a Cha . Use , and none named to sell it , the Bishop must make the sale , but must be no Commissioner .

shall be named a Commissioner , or Juror : This proviso being made to corroborate a beneficial Law shall be taken largely : so that whosoever may have any finger in the Interest , or Titles , shall be excluded , from either being a Commissioner or Iuror . And therefore if a man devise Land to be sold for a Charitable Use , and names no person to sell it ; In this case , the Bishop ought to make the sale , but he can be no Commissioner .

So it is with one that defrauds a Trust to a Cha . Use , and dies intestate . So if Goods be given to one in Trust , to a Cha . Use , and he defrauds the Vse , and dies intestate ; because the Goods are presently in the hands of the B●sh●p , until Administration be committed , he cannot be named a Commissioner , for the pretence of Title he hath to the Goods , Unless he dies where bona Notabilia , are not to be found within the Bishops Diocess . unless the defrauders dyed in a peculiar Parish in the Diocess , exempt from the Iurisdiction of that Bishop .

The Commission ought to be awarded to five at the least , All Commissions are to be awarded to 5 at the least . because the words of the Statute are , or any four of them , and less then four cannot execute a Commission . Less than four cannot execute a Commission .

All Commissions must be framed in the words of the Act. This Statute limits the form .

Inquisition must be joynt of Gifts and Abuses , and not of either singly .

The Commission must be framed in the very words of the Act , because the Statute limits the form ; and the Inquisition must be according to the Commission , j●yntly of the Gifts , and Abuses , not of either of them alone .

And whereas it hath beén doubted heretofore , whether it were not requisite to have two Inquisitions ; the first , as an Indictment to accuse the parties , the other before the parties being present , the Reader resolved , That one Inquisition is sufficient , One Inquisition without any Indictment , good . whereunto the parties interessed must be called .

A Commission to an Infant , not good .

An Outlawed person after Reversal , may be named .

If he purchase a Pardon , he is disabled .

A Commission awarded to an Infant , who comes to age before Execution , he may not proceed ; for the party ought to be able , at the time of the awarding of the Commission . But if one that is Outlawed , be named a Commissioner , and he reverse the Outlawry before Execution , he may proceéd , for now upon the matter he was never Outlawed , An erroneous Outlawry is no Outlawry . because an erroneous Outlawry , is in truth no Outlawry ; but if he purchase a Pardon of his Outlawry , yet he remains disabled , because the Pardon affirms an offence . So if the Commissioner were excommunicate at the time of Award , An Excommunicate person is disabled , though absolved afterwards . and be afterward absolved ; yet he continues still disabled to be a Commissioner .

One cited and sentenced for Symony , is disabled ab initio . If a Commisson be awarded to one that is cited for Simony , and after the Commission he is sentenced , and thereupon excommunicate ; he is a person disabled to be a Commissioner , But if only cited , the Law is otherwise . ab initio . But if he had béen only cited , and no further proceédings against him , he might have executed the Commission . So may a man that is indicted of a Crime ; One attaint and pardoned , is disabled . but if after the Commission awarded , he be attainted , though he purchase a Pardon , yet he is still a party disabled to be any Commissioner upon this Statute , and may not execute that Commission .

Tenant by sufferance . A Tutor are not excluded , but an Executor is disabled from being either a Commissioner or Juror . Neither Tenant by Sufferance , nor a Tutor , are persons excluded , by reason of Interest or Titles ; but an Executor is disabled to be either Iuror or Commismissioner , by reason of his pretended Right .

If the Goods be given to a general Corporation ,

Goods given to a Corporation generally , as to the City of London ; yet Freemen of London may be of the Jury .

If to a Company , no Member thereof , may be either Commissioner or Juror .

as the City of London , yet Fréemen of London may be of the Iury . But if the Gift were to an inferior Corporation , as to a company , as of the Mercers , &c. no Member of that Company or Corporation , may be a Commissioner or a Iuror .

Lands were given in Tail , in form of a perpetuity , Donee suffers a Recovery to a Cha . Use , the Remainder cannot be either Commissioner or Juror . the Doneé suffers a Recovery to a Charitable Use ; he that was in the Remainder , cannot be a Commissioner , nor a Iuror , because he hath a pretended right , by reason of the perpetuity : and so resolved in Sir William Udalls Case , Mich . 3. Jac .

If a Commission be executed by five , If a Commission , 4 of 5 be without exception , the Commission is good . and four of the Commissioners be without exception , it is well executed , though the fifth were a party interessed , &c.

No Commission ought to be awarded without a precedent negligence , or misimployment supposed .

No Commission to issue , without a supposed negligence precedent .

Several Counties may be inserted into one Commission , and so one County and Franchise .

The Chancellor may joyn several Counties in one Commission , or the County , and a Franchise in the same County together : For the words of the Statute are large . It shall be lawful for the Chancellor to award a Commission into all , or any part or parts of this Realm .

Upon the Third Division . Inquisitions , where to be taken , &c.

Upon the third Branch . That it shall and may be lawful for the Commissioners , or any four or more of them , calling the parties interessed in any Lands , &c. given to Charitable Uses , to enquire by the Oaths of 12 men or more of the said County , and by all other good and lawful ways and means , whereunto the persons interessed , shall and may have their lawful challenge and challenges . I shall offer to your consideration , 1. What shall be a sufficient Inquisition . 2. Who a party interessed , that ought to be called to be present at the Inquiry . Four Points . 3. Who a party interessed that may have their challenge . 4. What challenge is allowable , and it is my opinion , and I conceive it Law .

That the Inquisition ought to be taken in that County , where the Commissioners are appointed , Resolve . &c. & in fol. 9 , 10.

Inquisitions . Inquisition must be taken in the County where the Commissioners are appointed . Land in several Counties , may be inquired in its proper County . THe Inquisition must be taken in that County , where the Commissioners are appointed .

If Land lying in several Counties , be given to a Charitable Use , and a Commission is awarded only into one County , they may inquire for the Land in that County , and the Inquisition is good for that Land ; but they cannot inquire for that Land in the other County , by vertue of that Commission , Land is local . because Land is a thing local , and tyed to a certain place ; yet if another Commission be directed to the same persons in the other County , where that other Land lyeth ,

Several Commissions must issue for Lands into several Counties , and several Inquisitions .

The same Commissioners may decree Land in several Counties .

they may take an Inquisition of that also ; and so upon those several Inquisitions in divers Counties , taken , by vertue of such several Commissions ( they being the same persons ) may make one Decrée for both , and it shall be good .

Rent out of Land in several Counties , may be decreed by one Commission . If a Rent issuing out of Lands , lying in several Counties , be given to a Charitable Use ; there shall be awarded but one Commission , but the Commissioners must make several Precepts , Several Precepts , and several Inquisitions . and take several Inquisitions in each County , and yet make but one Decreé for all , the Commissions must be awarded where the Land is .

Where the Land lies , Commission must ssue . If the Land given to a Charitable Use , lye in one County , and the imployment be limited in another ; if a Commission be awarded into the County where the Land lies , it is sufficient . But yet it were more Apt and Expedient to have it awarded in both Counties . Land given in one County , & imployment in another , Commission is good , if issued where the Land lies .

If Goods be given to a Charitable Use , the Commission must always be awarded to that County , where the imployment is limited .

The Commissioners for their inquiry are bound to the County , but not for their Decreé , If Goods be given . Commission where the Imployment is . for that may be made in another .

The Inquisition must be made , both of the Gift , Inquisition must be in the proper County Commissioners are not bound to place for their Decree . Inquisition must be of the gift and abuse . Substance of either , is sufficient to a Jury . and the abuse , &c. not of one alone , for then it is imperfect and void .

If a Iury find the substance of the Gift , or abuse , &c. it is sufficient though they vary in some particulars , or find not the circumstances . And therefore ,

If they find a Gift made per quendam ignotum , General Use . A Gift per Ignotum , good . The Gift is the Substance . General Use . or quibusdam ignotis , it is good enough , for they have found a Gift , which is the substance ; so if the Gift were made by Fine , and they find it was by Feoffment , or if it were by Feoffment to Vses , and they find it was given by Will , this is good enough , for the Gift is the substance , and the form of conveyance , but a circumstance .

So if they find the general Vse truly , If Jurors find the general Use good , particulars shall not hurt . though they miss in the particular , this is sufficient . And therefore ,

If they find a Gift to provide Books for poor Scholars , and the Gift was to buy them Gowns , it is good enough , because the general Vse for poor Scholars , is truly found ,

A Gift to provide Books , and imployed in Gowns , is good . General Use truly found .

If Gravel instead of Stone● , it is good . Repairs was the general Use found .

and Books , or Gowns are but particulars of the imployment . So if they find a Gift to find Stones to repair High-ways , and the Gift was to buy Gravel to repair them , this is sufficient ; For they truly found a Gift for repair of Highways , which is the general , though they missed in the particulars of Stones and Gravel .

So if they find a Gift to maintain poor Scholars in an Vniversity , it is well enough ,

Poor Scholars , instead of two poor Scholars .

One Use instead of two is good .

though the Gift were to find two poor Scholars , Students in Divinity , for the general , or poor Scholars , is found truly .

If there be two , If the other be found after . or more Charitable Uses limited by the Donor , and the Iury find but one , yet the Inquisition is good for that , if the other be found after .

But if the Iury vary in any general Head , Variance in any general Use . ( from the truth of the Gift , ) limited in that Act , that Inquisition is void . And therefore ,

If they find a Gift for relief of poor Scholars ,

If a Gift for maimed Soldiers , be imployed for relief of poor Scholars .

If for Marriage of Maids , & imployed upon High-ways these are void Inquisitions , because they fail in the general .

which was for maimed Soldiers , or for repair of Highways , where it is for Marriages of poor Maids &c. these Inquisitions are insufficient , because they fail in the general , which is of the substance of the Charitable Use .

Covyn with an Heir . Lands are devised to one for a Charitable Use , the Deviseé by Covin with the Heir , waves the Devise ; this is a fraud inquirable .

The Feoffeé aliens in Mortmain , and purchases the Land of the King again , &c. this is a fraud .

Combination by Issue in Tail , with the Connusee in a Fine . Tenant in Tail grants a Rent to a Charitable Use , and levies a Fine , with proclamation , the Issue in Tail combines with the Conuseé , to bargain and sell the Land to his father , which lay sick , to the intent that his Father might dye seised , and the Rent might be avoided ; this is a fraud .

Collusion by the Heir , with a Mortgagee , and Refusal of a Legacy . A man deviseth a sum of Money to his Heir , to redeém certain Lands that he had Mortgaged , to the intent it should ve imployed to a Charitable Use , the Heir refuseth the Legacy , and by collusion with the Mortgagée suffers the day to pass , and then redéems the ; Land this is a fraud inquirable .

Land is given to a Woman to a Charitable Use , the Husband , Covyn by Husband , and disagreement to a Cha . Use . Younger Son after his Fathers , and elder Brothers death , chargeable with a Cha . Use , though in by descent . by Covin , disagreés to the Gift , this is a Fraud .

The Father gives Land to his younger Son , upon condition to perform a Charitable Use ; the Father dies , the elder Son dies , yet the younger Son shall be bound to perform the Vse , notwithstanding the condition was extinct by him by descent ; and though the Father had released the Condition , yet the same had béen lyable to the Vse .

Tenant for life surrenders with warranty in Feé to a Charitable Use , Lessor , upon a Recovery in value , chargeable with a Charitable Use . the Leasor recovers in value , he shall hold that Land charged with the Vse for ever .

Twelve , a good Jury . If 16 be impannelled on a Iury , and 12 only agreé , yet this is a good Inquisition , according to this Statute .

Commissioners may enquire by all other lawful means , as by former Inquisitions , Witnesses , Rentals , Accompts , Estreats , their own knowledge . Besides this Inquisition , by the Oaths of 12 Men , the Commissioners may enquire by all lawful ways and means . Such are former Inquisitions , Witnesses , Rentalls , Accompts , Estreats , &c. and their own proper knowledge ; And by these means they may supply the defects of the Inquisition , in matters of particularity and circumstance . As where the Inquest find a Gift to the Tradesmen of Bath , &c. The Commissioners by such further Inquiry , may supply the particular . To what sort of Tradesmen . So where the Iury finds a misimployment , the Commissioners may supply the time , how long it hath béen misimployed , &c.

But if the Commissioners cannot enquire by Deéds that are cancelled , By what not , viz. By Cancelled Deeds . Witnesses disabled , Records Reversed , nor upon the Parties own Oath . nor by Witnesses , that are disabled , no Records are Reversed , &c. neither can they examine the party upon his Oath .

The Commissioners cannot procéed without summoning the parties interessed to be present . Who to be summoned . Those parties only which are in possession , Parties interessed in possession , which have Right or Title . Pocket Titles may be omitte 2. ought necessarily to be summoned ; and those which have Rights , Titles , Pretences , ( or pocket Titles , ) may be omitted , and yet the Inquisition good enough .

Lessée for years , the Reversion for life , Lessee of a Remainder , over . In Remainder not . the Remainder over , the Lesseé must be summoned , and shall be bound by the Decreé , but those in remainder , shall not be bound , unless they were summoned .

If a Guardian by Knight-service be summoned , Guardian by Knight-Service . and the Ward omitted , yet the Guardian shall be bound .

If an Infant in soccage , Infant in Soccage , and his Guardian . and his Guardian be summoned , both shall be bound by the Inquisition , for an Infant is not excepted out of this Law .

So if a man that is not compos mentis , Non compos . be summoned , he shall be bound by the Decrée , His Heir relievable upon Petition . Like Law of an Ideot . because he is not excepted , but his Heir by Petition , by shewing of his Right , may be relieved , because his Ancestors were not Compos mentis , like Law of an Ideot .

If there be two Ioynt-Tenants , parties interessed , Two Joynt-Tenants . and one of them only is called , this shall bind the Moiety only , during the life of the other Ioynt-Tenant : One summoned , binds a Moyety . But if he was summoned , and fortune to survive the other , then the Inquisition shall bind him for the whole .

An Occupant An Occupant , is a party interessed , that must be summoned , and he shall be bound by the Inquisition , But not the Reversioner . but the Decreé shall not bind him in the Reversion , but that he may avoid all without complaining , by Bill .

Tenant by Estoppel is a party interessed , Tenant by Estoppel , But not the true owner . but the calling of him shall not bind the true owner , for any longer time , then the Stoppel shall continue .

If Tenant in Tail be called , his Issue shall be bound , Tenant in Tail . Successor by Summons of his Predecessor . so shall a Successor , by the summons of his Predecessor , until the Decrée be reversed by Bill before the Chancellor .

If there be Mortgagers , Mortgager and Mortgagee . and Mortgageés of Land given to a Charitable Use , it is the safest way to summons both .

Lesseé for years , Leasee bound for his Term . upon condition to have the Fée to a Charitable Use , the Lesseé is summoned , he shall be bound for the term . But if he in the Reversion be summoned , the Lease shall be bound for the Feé-simple , and his State increasing , not for the term .

The Daughter and Heir hath such Lands by discent , Daughter and Heir by discent . and she is summoned , then a Son is born , and after the Decrée is made , the Son , though he be Heir ab initio , yet he shall be bound by the Decrée , because the Daughter was the party interessed , summonable at the time . And Son born after .

Grantee of a Reversion before Attornment , &c. If a Reversion given to a Charitable Use , be granted over , the Grantée , before Attornment , is no party interessed to be called , yet the Reader made some doubt of this point .

Summons binds him , that is absent from the Inquiry . If the party be summoned , the Decrée shall bind him , though he were absent from the Inquiry .

Execuutor and Legatory . A Legacy is bequeathed to a Charitable Use , the Executor refuseth to assent to the Legacy , both the Executor and the Legatee ought to be summoned .

If a stock of Money be given , to be put out upon security , Obligor and Obligee . both the Obligor , and the Obligée must be called .

Ordinary of one intestate , having Goods to a Charitable Use . A married Woman . He that hath Goods to a Charitable Use , dies intestate , the Ordinary ought to be summoned , unless he hath committed the Administration .

A married Woman that is interessed , ought to be summoned , and her default shall bind her Husband .

He that hath the nomination of an Alms-man . He which hath the nomination of the persons , upon whom the Alms ought to be imployed , is a party interessed to be called .

Persons receiving Alms , if the Charity be misimployed . The persons which ought to receive the Alms , are not persons interessed to be summoned . But if the Alms have béen imployed upon such as ought not to have received them , they are parties interessed , and ought to be called .

Every wrongful possessor . Notice what Every wrongful Possessor is a party interessed to be summoned , and Charged . The calling is a notice given to the person of the party interessed , concerning the Inquiry to be taken before the Commissioners , at a certain time and place .

Notice to be given , and left , as Subpoenas in Chancery , and may be served any where . And this notice may be given as Subpoenas use to be served , by leaving them at the dwelling house of the party , and notice may be given him in any County , or it may be given over-Seas .

The manner of notice . Four Commissioners make a Precept under their Seals The manner of the notice must be thus , Four of the Commissioners , at the least , must make a Precept , under their Seals , commanding the party , to be before them at such a place , upon such a day , about such a business , &c. May be sent to the S●eriff . And this Precept may be sent to the Sheriff , to give notice thereof to the party .

If read in the Church where the party lives , it is good . If the Precept be read in the Church , where the party is present , it is a sufficient notice and calling , if it be generally published in a Church , at Prayer , that all such as have interest in such Lands ,

If generally published .

Notice of Adjournment .

shall be before the Commissioners , appoint another day of setling , and give him notice thereof , this is a sufficient calling .

Examination to be made , of notice before they proceed to Inquisition , upon Oath , ought to be entred . It is good discretion in the Commissioners before they procéed to make Inquisition , to examine the Notice given , and the execution of their Precept , upon Affidavit , and to enter the same , to avoid a counter-averment .

A party interessed , not being summoned , Decree against one not summoned , but present at the Inquisition . was present at an Inquisition , and gave in evidence , the Decreé was made against him , and upon suggestion , after made by himself in the Chancery , that he was a party interessed , and not summoned ; the Decrée was aboided , and a new Commission awarded , Viners Case .

The party interessed , is summoned for two purposes ,

Why parties interessed are to be summoned .

To give in Evidence . To take his challenge to the Jurors . A party not summonable , may have his challenge .

Challenge not allowable , yet allowed by the Commissioners , doth not vitiate the Decree .

But è contra , if they disallow what is allowable .

Two Joynt-Tenants , first takes his challenge , it shall bind his partner .

Challenges by Statute , vary from those of the Common-Law

Those which must joyn in action , must joyn in challenge . Commissioners may discharge a Juror without challenge . Criminous things a principal challenge . Challenges by favour if denyed , yet the Decree is good .

Juror non resident in the County , a good challenge .

That he was sworn upon a former Jury . No challenge to the array is compulsory . If an alien challenge , propter medietatem lingue , it is not allowable for the Statute of 27 Edw . 3. cap . 8. & 28. Edw . 3. 13.

Are restrained to Inquests , to try Issues , between party and party .

That challenge must be taken before the Ven . facias .

Where no Ven . fac . no challenge lies . Summons to one Joynt-Tenant interessed , shall bind both .

1. To give in Evidence . 2. To take his Challenge to the Iurors .

A party remotely interessed , may challenge a Iuror , though he be not summonable .

If the Commissioners allow a Challenge , which is not allowable , yet that will not vitiate their Decrée .

But if they disallow that , which is allowable , that will make their Decrée void .

If there be two Ioynt-Tenants , and one of them will take a Challenge , this shall be good , and bind his companion , though he would release it , and herein the Challenges upon this Statute , vary from the Rules of the Common-Law , for that saith , that those which must joyn in Action , must joyn in Challenge .

The Commissioners may , by Information , put out a Iuror without Challenge , by the party ,

Criminosity is a principal Challenge .

Challenges by favour are tryable , but if such a Challenge be denyed , yet the Challenge is good .

That the Iuror is not Inhabitant in the County , is a principal Challenge . So is it , that he was sworn upon a former Inquest .

No Challenge to the Array , is Compulsory .

If an Alien challenge the Iury , propter medietatem linque , because the one halfe of the Iury are not Aliens , according to the Statute 27 E. 3. Cap. 8. & 28 Ed. 3. 13 Ed. 1. This Challenge is not allowable , because that Statute is restrained to Inquests , taken to try issues , betweén party and party , and not to Inquisi●ions of this nature . Besides , that Challenge must be taken before the Venire facias awarded , and therefore where no Venire facias is to be awarded , there the Challenge cannot be taken .

Two Ioynt-Tenants , parties interessed , one of them only is summoned ; if the other be present at the day , this shall be accounted a good Summons of them both .

If a party interessed be summoned to be of the Iury , A party interessed , summoned to be of the Jury , is no good Summons . this is no good Summons of him , as a party interessed , because he is summoned being a party interessed , that he may come provided with Counsel to give in Evidence .

Upon the First Part of the Fourth Division .

And after Hearing , and Examination , it shall and may be lawful for the Commissioners , or any four or more of them , to set down such Orders , Judgements , and Decrees , as that the Lands , Tenements , Rents , &c. given to Charitable Uses , may be duly and faithfully imployed , to , and for the Use , for which they were given , and not being repugnant , or contrary to the Orders , Statutes , or Decrees , or founders , which Decrees shall stand firm and good , and be executed accordingly , until the same shall be undone , and altered by the Lord Chancellor of England , or Lord Keeper , or Chancellor of the Dutchy of Lancaster , upon complaint to be made to them . And herein are observable , five Points .

1. What Commissioners may make a Decree , and what Decree , Order , and Judgement , shall be said to be good , and warranted by this Statute . 2. What Decree shall be said to be made , according to the intent of the Donor , and what persons shall be bound by such a Decree . Five Points 3. How such a Decree may be executed . 4. What Decrees may be undone , or altered by the Lord Chancellor , upon complaint , either before or after execution . 5. What Adnullation , Alteration , &c. of such Decrees by the Lord Chancellor , shall be good and firm within this Statute .

Resolve . Those Commissioners that made the Inquiry , may make the Decree , &c. ut in fol. 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19.

What Commissioners may make a Decree . What Decree according to the Donors intent . What persons are bound by Decree . What Decree avoidable , before or after execution . UPon this fourth Point , are considerable .

1. What Commissioners may make a Decreé according to their Commission , and warranted by this Statute .

2. What Decrée shall be said to be made , according to the intent of the Donor .

3. What persons shall be bound by such a Decreé .

4. What Decrée shall be avoidable before execution , and what after execution ?

None but such Commissioners as were upon the Inquiry , may make the Decree . Those Commissioners that made the Inquiry , may make the Decrée , and none other , because the words of the Statute are in the Copulative ( shall make inquiry , and upon such inquiry ) and herein he compared this Case to a Bailment of a Prisoner ; for if two Iustices , upon examination commit a person suspected to prison ; If other two Iustices , If two Justices commit one suspected , & other two bail him , it is finable . which never heard of the examination , will bayl him , this is more than they ought to do , and by the opinion of the Iustices , it is an indiscretion Finable ; So if those Commissioners , The like Law in Commissioners , not present at the Inquiry . which were not present at the Inquiry , will take upon them to make a Decreé upon the Matter , this is a point beyond their authority .

A Bishop is named with other four Commissioners , If a Bishop intermeddle in a Decree , not being present at the Inquiry , it is void . the other four inquire , and at the making of the Decreé , one of those four is absent , but the Bishop is present , and joyns , yet this Decreé is void , because the Bishop was not at the inquiry .

If there be 8 Commissioners , Four of eight Commissioners may Inquire and Decree . and four make the Precept , the other four may inquire , and decrée ; for the Decrée is not depending on the Precept , but on the Inquiry .

Yet if threé only make the Precept , If three make the Precept , and four inquire , all is void . though four Inquire and Decrée , yet all is void , because the Precept cannot be made by a less number than four , and then the ground failing , the building must fall .

If six make inquiry , whereof four only are without exception , If four of six are without Exception , and make a Decree , it is good . those four must make the Decreé , otherwise it will be void .

If four Commissioners be present at part of the Evidence , and one of them departs , If one of four be present at part of the Evidence , and go out and come in again , at the giving of the Verdict , no Decree can be made . If four hear the Evidence , and adjourn , and another which was not thereat , joyn , he cannot meddle , or make the Decree good . If a Decree be returned by three , in the name of four , it is void . Averment against such a Retorn , is good . Things considered in the 2 Point . and comes again at the giving of the Verdict , they cannot make a Decrée , because the Inquiry was not perfect by all of them .

If four hear the Evidence , and adjourn the Iury unto another day , if any of them be absent , another which was not there at the first , cannot joyn with the rest , to make a good Decrée .

If thrée only hear the Evidence , and make a Decreé , and return it in the names of four , the Decrée is void , and an averrment may be taken against such a Return .

For the 2 Point , The Commissioners are restrained to thrée things , in the making of their Decrées and Orders .

1. That it tend and conduce to the imployment of the things given . 1. That Commissioners , Decrees , and Orders , tend to the imployment of the things given . 2. That the imployment be due . 3. That the imployment vary not from the Use . Five things they may do . 1. They may establish the property of a thing given to the Donee , or transfer it .

2. That the imployment be faithful and due .

3. That the imployment vary not from the use and intent , for which the thing was given .

These threé things being observed , the Commissioners have power and authority to do five things more .

1. They may establish the property of the thing given , in the person to whom it was given , or they may transfer it from one person to another .

2. They may ascertain the thing given in substance , circumstances , and decencies . 2. They may supply the defects of the Gifts , or imployment in certainties , circumstances , and decencies .

3. They may ordain Conveyances , or Assurances to be made for the better imployment of the Vse ; 3. Ordain Conveyances .

4. Add Decencies . 4. They may add decencies in the imployment for the honor of the Donor .

5. Impose penalties . But cannot confirm Leases , nor release Debts , nor erect Corporations , nor remit Arrears , nor Lease at an undervalue , either of Fine or Rent ; nor Lease to their friends , nor ordain their own servants to be poor , if able to maintain themselves . 5. They may impose penalties for mis-imployments .

Commissioners , by their Decreés , cannot confirm Leases , nor release Debts , nor Stocks of Money , nor erect Corporations , nor remit Arrearages , nor decreé that the Land shall he Leased at an undervalue , either in regard of the Fine , or the Rent , neither that it shall be Leased to their friends for the apparent presumption of favour in undervalues ; neither can they ordain , that their own servants shall be the poor , on whom the Charitable Use shall be imployed , especially if they be able to maintain themselves .

They may appoint Collectors to gather Rent , to allow them wages . But if divers Rents be given to Charitable Uses , the Commissioners may appoint Collectors to gather in the money , and allow them wages . So if money be given to be put out upon security , Appoint a Scrivener to draw their Bonds , and allow them Pees . or Lands to be Leased , they may appoint one to be the Scribener to write Obligations and Conveyances , and allow him Feés for his pains .

In the 11 year of King Hen . 6. a Gift was made to the intent , to find a Chaplain , ad Divina celebranda , until the Feoffor , or his Heirs , should procure a Foundation , &c. there was no imployment , until the third year of King Edw . 6. And therefore in the Quéens time , one Payne purchased the Land as a concealment . After a Commissioners being awarded upon this Statute , the Commissioners enquired and found the Gift , and thereupon agreéd the property ,

Property decreed to another , from a Grantee of the Q. To find a Chaplain , ad Divina celebranda no Use within this Statute .

Chancellors decree to the first Use , good , Ad Divina celebrand , in a certain Church or Chappel , no Superstitious Use . Adjudged Pasch . 3 Jac .

to another from Payne ; But after , this Decrée was made void by the Lord Chancellor , because the use limited to find a Chaplain , ad Divina celebranda , was no Vse within the Statute , Inquirable , But the Chancellor by his Chancery Authority , may , and did decrée the Land to the first use . For a Gift , cuidam Capellano ad Divina celebranda , in a certain Church or Chappel , is no Superstitious Vse within the Statute , 1 Edw . 6. and so was the opinion of the Iustices in the Kings Bench , Term Paschae 3 Jac . and the reason is , because it is the general case of all Parsons in England ; but if the Vse had beén within this Statute , the Commissioners might have transferred the property .

Commissioners may decree a release for assurances of Land . That Arrears shall be paid .

Impose a penalty for non-payment .

The Commissioners may decreé that one shall make a release for assurance of the Land ; they may decrée that the party shall pay the Arrearages ; and if they fail at the times , they shall pay a reasonable penalty .

If the Vse were limited for a Chaplain , By addition , That a Chaplain shall be a Preacher . they may decrée , by addition , that the Chaplain shall be a Preacher . So they may appoint the nomination of him , May nominate the person . to a man of Science , ( as a Master of a Colledge , &c because such things concurr in decency and order , with the intent of the Founder , upon a Decrée made , Ann. 40 Eliz .

Concerning a Grammar-School of Northleeche , Five things observable upon 5 Jac . c . 7. which is now incorporated in Parliament , 5 Jac . cap . 7. he observed five things .

1. That if there be a Grammar-School in a Town , 1. If a Grammar-School be given upon condition it be made a Corporation , though it never be a Corporation , the Profits must go to the School in being . and a man devise Land to certain persons , upon condition that they shall procure that Grammar-School to be incorporated , and to find that Grammar-School in such case , though the Corporation be not procured , yet the Profits must be imployed upon the School in being .

2. Though the Heir enter for fault of imployment ,

2. An Heir chargeable with the Use , though he enter for default of imployment .

The Decree good .

3. A Grant to one that had a right , shall bind the Issue in Tail .

yet he shall be charged with the Vse .

3. If they decrée the Land to the Heir , which hath entred , or might enter , by vertue of such condition , the Decrée is good , because he had colour to defeat the Vse by Entry ; but because the Vse thereby seéms better established , the Decreé is good , as if Tenant in Tail , Grants a Rent unto one which had a right for a Release of his right , that Grant shall bind the Issue , in Tail , because it strengthens his possession .

4. 4. Commissioners may increase a Gift . If a Founder appoint the use of the Land to be for a certain number of the poor , and that every one shall have 12 d . The Commissioners may appoint , But not the number of poor , appointed by the Founder . by way of increase , that every one shall have 20d . But if the number of the Poor be limited in certain , by the Founder , the Commissioners cannot add any more poor to that number , upon whom the Vse shall be imployed .

5. If a man Found a Freé-School , 5. May nominate a School-master to be a man of Science . and appoints the nomination of the Master to his Heir , the Commissioners may decrée it to be a man of Science , because it concurrs with the intent of the Founder , to have one of sufficiency . The Commissioners may appoint one to nominate the number of Poor , in case of the death of one appointed by the Donor .

In the time of King R. the 2. one Adderbury , by License Founded an Alms-house in Dennington in Berkshire , consisting of a certain number , appointing , that his Heirs should have the nomination of the Poor ; and after , The authority of nomination , cannot Esche●● to the Lord . in the Reign of King H. 7. his Heir dyed without Heir ; now although the Corporation was determined for want of a Nominator ; and the Commissioners may not erect or revive a Corporation , yet they , upon Commission awarded , did , and might decreé , who shall be a nominator ; for the authority of nomination , could not Eschear to the Lord . Commissioners cannot alter the Sex , or Quality , Nation , Trade , or Profession , or transfer a Gift to another Sex , &c.

If the Donor limit the Imployment of the Profits to persons of one sex , Quality , Nation , Trade , or Profession , the Commissioners cannot decreé the imployment to persons of another Sex , Quality , Nation , Trade , or Profession .

Nor from one Parish to another .

Nor from prisoners of one , to those of another Goal .

So if the imployment be appointed to be upon the poor of one parish , or the parishioners of one parish , or the prisoners of one prison ; or the Scholars of one Gramar-School ; in certain , the Commissioners power cannot decree it to the Poor of another parish , to the Prisoners of another Goal , nor to the Scholars of another School , for that were contrary to the intent of the Donor .

Nor a Use for divers purposes .

As for the Poor , and mending the Highways of one to another Parish . But the time and place of payment , and performance they may .

So if the Vse be limited for the use of divers purposes , or for relief of the Poor , and amending High-ways , &c. The Commissioners ( cannot interleasing one ) decreé the imployment of the whole upon the other only ; but they may by their Donor , appoint the time when , or the place where it shall be paid .

A Chyrurgion or Physitian , may be added to maimed Soldiers , by Commissioners , and Fees allowed them . They cannot transfer a Gift , for ease of Fifteens , to ease the parish of Bastards . If the Vse be limited for relief of many Soldiers , they may by Decreé , add a Chyrurgeon , or Physitian , and allow them Feés for curing such Soldiers .

But if the Vse be to ease a Parish of Fiftéens , the Commissioners by their Decrée cannot extend this to ease the Parish of Charges for Bastards born in the Parish .

May order a Stock , to set the Poor on work , if the Use be limited to the Poor .

If the Gift be for Money , Meat , or Apparel , Commissioners cannot alter it .

Yet if it be for relief of Poor , the Commissioners may ordain , that it shall be a stock of Money to provide Hemp , Iron , &c. to set the poor in work upon .

If the Donor appoint the imployment to be in Money , Meat , or Apparel , the Commissioners cannot change the imployment ,

Nor decree the forfeiture of an Obligation , but may impose a Fine for non-payment .

They cannot commit to prison , but the Lord Chancellor , after a Writ awarded , and an Attachement , may .

The Commissioners cannot decrée the forfeiture of an Obligation to be taken , but they may impose a reasonable penalty for not paying at the day ; they cannot , by their Decrée , commit any man to prison , nor decrée that he shall be prisoned ; yet upon execution of their Decrée , after the Writ awarded , and an Attachment served , the Lord Chancellor may imprison the party for execution of the Decreé .

An Estate decreed void , is so in Estate and Interest , but the Lord Chancellor may restore the Estate . If the Commissioners decreé an Estate or Term to be void , they shall be void both in Estate and Interest ; yet if the Lord Chancellor repeal that Decrée , the party shall be restored to his Estate or Interest .

They may order the building of a House of Correction , and 20 l. per Ann. by Deed inrolled . Or a Corporation in Esse , without danger of Mortmain . They cannot decree a second Lease , to commence before the expiration of the former . The Commissioners may decreé , That a House of Correction shall be erected by Deéd inrolled , allowing 20l . per ann. according to the Statute of 39 Eliz . cap . 5.

They may decrée Land to a Corporation in esse without danger of Mortmain .

If one that holds Land given to a Charitable Use , makes a Lease for years , to defraud the Vse , and after grants a Lease in Reversion , upon consideration &c. to another , to to begin after the expiration , determination , They cannot decree a second Lease , to commence before the expiration of the former . or other boydance of the former ; and the Commissioners decrée , that the former Leafe shall be void . Yet the second shall not begin , until the years be fully expired , because the Profits must be imployed to the Charitable Use , A Lease in Reversion shall not commence upon a conditional surrender . during the time of the former Lease . And this Case he compared with another , where a Lease in Reversion , as to commence upon the surrender of a former , it shall not commence upon conditional surrender .

They may decreé the payment of the mesne Profits , Nota . Mesne Profits and Arrearages decreed . and Arrearages , and may charge the pernors pro rata , Resolved by the Iudges ,

If a man having Lands given to a Charitable Use ,

Pernors of Profits chargeable pro rata . Lands given in Marriage to one that hath no notice of the Use , is void .

Marriage , no valuable consideration within this Act.

give those in Marriage with his Daughter , to one that hath no notice of the Vse , yet the Commissioners may decrée this Gift in Marriage to be void , and dispose of it to the Charitable Use ; for the advancement of his Daughter in Marriage , is no valuable consideration within this Act.

Vnto a general limitation of the Giver , To a general limitation , a particular limitation may be added by Commissioners . the Commissioners , by their Decreés , may add particular limitations ; as if the Donor limit the imployment be to marry poor Maids : The Commissioners may decreé , that such Maids which marry without the consent of their Parents , or within Age of consent ; or which marry with their Ravishors , or which were gotten with Child before Marriage , or marry without the Orders of our Church ; shall have no part of that Money , and such a Decrée is good , because the additions are reasonable .

So when a sum in gross is given to marry poor Maids ; They may apportion a sum , given in gross . they may , by their Decreé , set down how much every one that is married , shall have given with her .

So if a Gift be made to redéem Captives , they may decreé that no part shall be imployed to redéem any Traytor , that is taken a prisoner , nor any enemy that is taken prisoner , unless he be taken Captive by the Turk .

A stock of Money is given in deposito , They may limit a shorter time , than the Donors Gift expresseth , in case of necessity . to be expended in threé years , about the repairing of a Bridge , if there be apparent likelyhood , that the Bridge without imployment of the whole , in a shorter time will fall down ; As in case of a decayed Bridge . they may decrée , that the whole sum may be bestowed in a shorter time .

But if a yearly Rent had beén limited to be paid yearly , for such a purpose , though the cause were as urgent , But Rent payable for that purpose , at a day certain , they cannot . they cannot decrée that the Rent shall be paid before the day , for Rent is no duty , until the day of payment .

If a term to commence at a day to come , Commissioners may transfer a Term , in case of Fraud . be granted to a Charitable Use , and the Grantée endeavours to defraud the Vse ; The Commissioners by their Decreé , may transfer that Term unto another , Endeavour of Fraud , is a mis-government and a forfeiture . from the defrauders , for his mis-government , although the time that it should commence , be not then come ; for an endeavour to defraud , is a mis-government , and a forfeiture . As in Cases in the Common Law , As a Guardian his Wardship . If a Guardian endeavour to disinherit the Heir , he shall forfeit his wardship , 12 H. 3. Fitz-H . Guard 151. A Woman by acceptance of an Estate from an abater forfeits her Dower . So if a Woman take a Feoffment of him that abates after the death of her Husband , she hath forfeited her Dower , because by accepting such an Estate from such a person , she endeavoured to disinherit the Heir , 11 E. 2. Fitz H. Dower 156.

Goods given for a House of Correction cannot be otherwise imployed . If Goods be given for a House of Correction , they cannot decrée the Imployment out of the House .

For the Third Point , The Rule is ,

Lord by Escheats shall be bound , for which see here a little after in this page , with this mark . ☞

Such as have Titles paramount , are not bound by Decree , though summon'd and at the Inquiry . But only such as the Donor , by his own Act hath bound . An Heir entring for Condition broken , is bound by Decree . But Tenant in Tail enters for Condition broken for a Charitable Use is not bound .

But he take another wife , and have issue , and this issue enter , he shall be bound till the first issue recover .

THat those which have Rights , Titles , Estates , and Interest paramount , the Donor shall not be bound by any Decreé , though they were summoned , and present at the Inquiry : But all those whom the Donor might have bound by his own Act , or Conveyance , shall be bound by the Decreé of the Commissioners .

If Tenant in Fée-simple make a Feoffment upon condition , to perform a Charitable Use , and his Heirs enter for the Condition broken , the Heir shall be bound by Decreé : But if Tenant in Tail , make a Gift , upon condition to perform a Charitable Use , and his Heir enter for Condition broken , he shall not be bound by their Decreé , because the Donor could not bind him . Yet ,

If Tenant in Tail have issue , and takes another Wife , and then makes a discontinuance , and takes back an Estate in special Tail to the Heirs of their two bodies , and then makes a Gift to perform a Charitable Use ; if this Heir enter , he shall be bound by Decreé , until the first issue recover .

☞ Lord by Escheat is bound . If there be Lord and Tenant , and the Tenant make a Gift to a Charitable Use , and dye without Heir , the Lord which hath the Land by Escheat , shall be bound by their Decreé to perform the Vses .

If Lessor enter for a forfeiture , he is bound to the Cha . Use . If a Lease be made to a Charitable Use , and the Leasée commits a forfeiture by Feoffment , &c. If the Lessor enter for the forfeiture , he shall be bound by Decreé , during the years to come of that Lease .

Nota . Charitable Use not to be bound by Estoppel . ☞ If a man dis-seise the Feoffeé to a Charitable Use , and purchase a collateral Warranty , which descends upon the Feoffée , yet the Dis-seisor shall be bound by the Decrée of the Commissioners , because the collateral Warranty , is but a Bond by Estoppel , and a Charitable Use shall never be bound by any Estoppel .

If a Tenant for Land , given to a Charitable Use , Nota , A Fine levied , and five years pass , yet the Tenant is bound . A Cha . Use is no interest in the Lands . This Statute made after those which bind Rights . levy a Fine , and five years pass , yet the Decrée shall bind the Tenants of the Land , because the Vse is no Interest in the Lands , and this Statute of Vses was made after these Statutes , which bind Rights .

If the Heir of the Dis-seisor be in by descent of Lands given to a Charitable Use , Nota . An Heir of a Disscisor , in by descent , is bound to a Cha . Use . No laches destroy a Cha . Use . A Conveyance upon good consideration , without Fraud , and no notice , may . yet he shall be bound by the Decreé , for no laches of Entry shall never destroy a Charitable Use , nor any thing bar it , but a Conveyance to one upon good consideration , and without fraud or notice .

Neither is a Charitable Use bound to the times expressed in the Statute of Limitations , Nota . Statute of Limitations doth not extend to this . made 32 H. 8. cap . 2. nor to that of 21 Jac .

If there be Tenant in Tail , and the Remainder in Tail be limited over to a Charitable Use , Nota . A Recovery destroys the Remainder , whereupon a Cha . Use dependeth . But if he in : Remainder , be a party to the Recovery , the Law is otherwise . and the Tenant in Tail suffer a Recovery with a double voucher , and the first Tenant dye without issue , the Commissioners cannot make any decree concerning that Vse ; because , by the Recovery , the Remainder , whereupon the Vse depended , was destroyed . But if he , in the Remainder , had been party to the Recovery , the Vse had continued , and should have been decreeable .

If a Bankrupt be a Feoffee , Nota . Statute of Bankrupts subject to this . or Donee to a Charitable Use , and after upon Commission his Lands are sold to his creditors , yet the creditors shall be bound by a Decree of Commissioners upon this Statute for the Vse .

So if an Accomptant to the King , be a Feoffee , Nota . The like Law , in the Kings Accomptant , to the King . the King shall be bound by the Decrée for a Charitable Use .

A Commission for Sewers , Nota . Commission of Sewers , is preferr'd before this Statute . is to be preferred before a Commission upon Statute of Charitable Use , if they concur not in jurisdiction , as if the Commissioners for Sewers decreé that Land , which was given for repair of High-ways , shall be sold , &c. But both may Decree in repair of Seabanks , The Commissioners upon this Statute cannot make a Decreé for the Charitable Use , because they vary in point of jurisdiction , and imployment of the Vse . But if the Land decreed by Commissioners , for Sewers , were given for the repair of Sea-banks ; the Commissioners upon this Statute may decrée as well as they , because they agreé in the imployment .

The Feoffeé to a Vse , acknowledges a Statute , Nota . Lands extended upon a Statute , subject to this , notwithstanding an Extent . and the Statute is extended to these Lands , and other ; the Commissioners decreé , that the extent , as for the Lands given to a Charitable Use , shall be void ; It seéms the party shall be driven to a new extent .

An Occupant is bound by this Statute . An Occupant shall be bound by the Decrée of the Commissioners .

Nota . The King bound by this Statute . If a Feoffée to a Charitable Use , convey the Land to one for life , the Remainder to the King , the King shall be bound by the Decrée of the Commissioners , because the Vse was limited before the Titles of the King .

Nota . If the Kings Title commences with the Use , the party grieved must petition . But where the Title of the King commences with the Vse , there the party grieved must sue by Petition ; as where Lands are given for life , the remainder to the King to a Charitable Use .

Nota . Lord by Escheats , bound for the Tenancy , not for his services . Lands given to a Cha . Use , escheats to the Lord , the Lord shall be bound by Decrée for the Tenancy , not for his services .

Nota . Copyhold cannot be transferred by Commissioners .

But to admittance of a Tenant , the Lord is bound .

They cannot by Decreé , transfer the property of a Copy hold .

But they may decreé , that the Lord shall admit such an one for Tenant , and the Lord shall be bound by their Decrée .

Nota . Bargainee by Feoffment , with power of Revocation , is not bound , though he had notice . The bargain amounts to a Revocation . If his Heir sell to another , with notice , the Law is otherwise . If a Feoffment be made to a Vse , with a power of Revocation at the Will of himself and his Heirs , and the Feoffor sells the Land to another , the Bargainée cannot be bound by Decreé , though he had notice of the Vse ; because if the Feoffor had made a Revocation , the Vse had beén destroyed , and the bargain amounts unto a Revocation . But if his Heir sell it unto another , which had notice of the Vse , that Bargainée shall be bound by the Decrée , because if the Heir had reboked , he should have held the Land lyable to the Vse .

Nota . An obligation to a Recusant for a Cha . Use , is subject to this Law . If an obligation be made unto a Recusant , convict for security of money given to a Charitable Use ; although the obligation cannot be put in suit in the name of the Recusant , to whom it was made , because he is a person Excommunicate , and so disabled to sue any Action , yet the Commissioners may decree the payment of the Money , and it shall bind the party to pay the principal , As to the Principal . but not the forfeiture .

Nota . A man devises that his Executors shall sell his Land , and that the Money which shall be received , shall be imployed to a Charitable Use ; Executors may be forced to sell Land , given for a Cha . Use if the Executors refuse to sell it , th● Commissioners , by Decree , may bind them to sell it , and upon a Writ of Execution out of the Chancery upon the Decree , The Heir also shall be bound by the Commissioners decree of sale . they shall be compelled to sell it ; and it seems in that case , if the Commissioners decree , that the Heir shall sell that Land , the Heir shall be bound by the Decreé , because the intent of the Devisor was , that the Land should be sold to a Charitable Use .

Nota . One Symons , an Alderman of Winchester , sold certain Land to Sir Tho . Flemming , now Lord Chief Iustice , then Recorder of that Town , and this was upon Confidence to perform a Charitable Use , Lands given upon Confidence , to perform a Trust , though the Deed never was inrolled . which the said Symons declared by his last Will ; that Sir Tho . Fleming should perform the bargain , was never inrolled , and yet the Lord Chancellor decreed , Decreed in Chancery to the Cha . Use . before this Statute was made . that the Heir should sell the Land , to be disposed , according to the limitation of the Vse ; and this Decree was made the 24 of Q. Elisabeth , before the Statute of Caritable Uses , Upon ordinary judicial proceedings in Chancery . and this Decree was made upon ordinary and judicial Equity in the Chancery ; and therefore it séems the Commissioners upon this Statute , may decree as much in the like case .

If a Reversion be granted to a Charitable Use , Nota . Particular Tenant in Reversion , bound to Attorn . the particular Tenant shall be bound to attorn by the Decree of the Commisioners ; and he said , there are presidents in the Chancery , where the Lord Chancellor hath decreed and compelled the Tenant to attorn .

Sir Tho . Bromley decreed , Nota . Ter-Tenant compelled to give Seisin of a a Rent-seek . and compelled the Terr-Tenant , to give Seisin of a Rent-seck , to the intent the party might bring an Assise .

One having a Lease for many years , at an easy Rent , A Lessee for many years , at an easy Rent , makes a Lease for fewer years at a Rack-Rent , and then grants his Reversion . The Tenant is compellable to Attorn . makes an under Lease for less years , upon a rack-Rent , and then grants his Reversion ; the Tenant refuses to Attorn , it may be decreed that he shall ; Mallories Case depending .

If Goods be devised to a Charitable Use , Nota . Executors compellable to deliver Goods given to a Cha . Use . the Commissioners , by Decree , may bind and compell the Executors to deliver the Goods .

Upon the Fourth Point .

IF three Commissioners only make the Precept , Nota . If three Commissioners only make a Decree . If without Inquisition , they are avoidable without Bill . this may be shewed in the Court , and the Decree avoided without Bill . If a Decree be made without Inquisition , it is avoidable by suggestion without a Bill .

But if a Decreé be made without calling the parties , Nota . If a Decree be made without calling the parties , not relievable but by Bill in Chancery . If the party be denyed his lawful challenge , not relievable , but by Bill in Chancery . or if the party be denyed his lawful challenge , such a decree cannot be avoided , but at the suit of the party , by shewing his Title , upon Bill , as a party grieved ; because the Chancellor is to judge of Titles .

If the Commissioners , by their Decree , mis-proportion Allowances , or Decree Conveyances to be made unto others ,

Nota . If after judicial proceedings upon the Title , Commissioners decree Conveyances , or mis-proportion allowances .

The Decree must first be executed , before any relief can be had by Bill or Complaint .

after precedent judicial proceedings upon the Title , the Decree must first be executed , before any as a party grieved , shall be admitted as a party grieved , to avoid the Decree by Bill of complaint .

Upon the Second Part of the Fourth Division .

Nota . Property transfer'd by Decree , may be entred without Writ of Execution . Entry by a Reversioner upon a Lease decreed void , is good without Writ .

A Release decreed void , not pleadable in Barr.

Tenant may retain his Rent .

IF a Decreé be made to transfer property from one person to another , the party to whom it is decréed , may Enter , or take it , without a Writ of Execution .

So if a Lease for years , be decréed to be void , he in the Reversion may enter without a Writ . If a Release be decréed to be void , it cannot be pleaded in Law . If the Decrée discharge a Tenant for Rent , the party may plead the decreé in Barr of an Action brought for the Rent : and the Tenant shall execute the Decrée by way of retaining . Voluntary delivery of ●●idence decreed , is good without Writ . If the Commissioners decrée , that Evidence shall be delivered , the voluntary deliverance of them is good , without Writ ; but no voluntary performance , is a good performance , Without Certificate of Commissioners , no voluntary performance of a Decree , is good . or execution of the Decreé , without certificate by the Commissioners , because no Decreé can be made warranted , by this Statute , but such as may be censured by the Lord . Chancellor ; unless it be certified , and therefore no Decreé good by this Statute , No Decree good upon this Statute , without a Certificate . without a Certificate .

Lord Chancellors Power .

Execution upon a Decree awarded , or staid by Lord Chancellor .

Concerning the awarding , or staying Execution by the Lord Chancellor , touching Decrees made by the Commissioners , he considered thrée Points , upon two Branches of the Stature .

What to be awarded . 1. What Decreé shall be so made , that the Lord Chancellor ought to award , or stay execution thereupon .

What to be certified . 2. What Decree shall be said to be so certified , as the Lord Chancellor ought thereupon to stay , or award execution .

What manner of execution well made and certified . 3. What manner of Execution the Lord Chancellor may award , for the execution of their Decrees , well made and certified ,

Nota . If one of four be disabled ; If of any thing out of their Commission . Or against the Common Law , or Ordinances of the Church Repugnant to the Donors intent , are good cause●●o stay execution . For the First . If four Commissioners make a Decree , and one of them was a person disabled ; or if they make a Decree of any thing out of their Commission , or decree any thing against the Common Law , or Statutes , or Ordinances of the Church , or varying , or repugnant to the intent of the Founders or Donors , &c. And these and the like be shewed unto the Chancellor , because it appears , that the Decreé was not well made , the Chancellor ought to stay execution . Record of a Certificate , may be averr'd by word of mouth , and stay execution . But such as are not upon Record , must be in Writing .

All these things which appear upon the Record of Certificate , may be alledged by word , to stay execution . But such as are not apparent upon the Record , must be suggested and shewed in Writing . And wheresoever , Stay of Execution cannot be , but upon proofs of Allegations first made . upon suggestion , the Chancellor shall stay execution , he ought presently to put the party , at whose suit it is staid , to make proof of the truth of his allegations .

For the Second Point .

IF four Commissioners make the Decree ,

Nota . 2 Points . Four make a Decree , and four the Certificate , yet the Decree ought to be executed .

The Certificate is but a ceremony . If a Commissioner disabled , make a Decree , though desired ; The Lord Chancellor ought not to execute the Decree .

If a Recusant Commissioner conforms after Certify , yet the Decree is not to be executed .

and other four make the Certificate , yet the Lord Chancellor ought to execute the Decree , because the Certificate is but a ceremony . If four Commissioners , whereof one is a party interessed , or otherwise disabled to be a Commissioner , to make a Certificate , although the Commissioner which made the Decree , desired him that was a person disabled , to make a Certificate , yet this Decree is not to be executed by the Lord Chancellor .

If one that was a Recusant at the time of the Commission awarded , and after conforms himselfe , make a certificate of the Decree ; the Decree ought not to be executed , because he was no lawful Commissioner at the first .

If a Dommissioner hath put his Hand and Seal to the Certificate , and dye before it be brought into Court ,

If a Commissioner certify , and dye before it be brought into Court , the Decree ought to be executed .

If all but three dye after a Decree , and before Certificate , yet the Decree is not executable , for three cannot certify .

If Certificate be not made in time . Yet if voluntarily , or upon Certiorari , t is good .

Not certifying , is but a contempt , and Fineable , the time is but a circumstance , and no condition by this Statute , to void a Decree .

If all the Commissioners dye , and a Certierari be directed , the Executor of the survivor , returns the Certificate , and good , and the Decree ought to be executed .

Seals are Essential to a Decree , and to a Certificate .

yet the Decree ought to be executed .

If after the Decree made , and before Certificate , all the mommissioners dye but three , those three cannot certify , if they do , the Decree is not executable .

If the Certificate be not made within the time limited by the Commission , yet if voluntarily , or upon Certiorari , the Commissioners certify afterwards , the Decrée is good , and ought to be executed ; because the not certifying was but a contempt , and finable , and the time of certifying is but a circumstance , added to the Certificate , and no Condition limited by the Statute , to make the Decrée void .

If after the Commissioners have put their Seals to the Certificate , they all dye , and a Certiorari be directed to Executors of the surviving Commissioners , which return the Certificate ; the Decrée is so certified , that it ought to be executed .

It is of necessity requisite , that both the Decrée and Certificate be made , and certified under the Hands and Seals of the Commissioners , for their Seals are essential to their Decrées and Certificates .

Every Certificate must be made in a several Parchment , under the Seals of four Commissioners ,

Certificates must be made in several , by four Commissioners , and not indorsed up - the back of the Commission .

Commissioners may make a return , and keep the Commission it self .

and not upon the back of the Commission , by way of Indorsement ; for the Commissioners may make return of the Commission , and yet keep the Commission it self in their own custody .

Concerning the Third Point . The Lord Chancellors power of Execution .

Concerning the manner of execution of a Decree .

Referred to the Lord Chancellor , and ought to be according to the usual course of Justice and Equity .

The usual course is to award a Writ of Execution upon the Statute , and , upon that , Attachement and Imprisonment . Lord Chancellor may award an Haberi facias seisinam .

And a Decree to keep possession .

And generally , the Chancellor doth award an Haberi facias seisinem .

If for an Estate to be executed , then a Writ of Execution , and Attachment , Imprisonment .

If for payment of Debts , an Attachment , Imprisonment , and Fine , or an elegit , or fieri sac .

These three manners are warrantable .

Lands and Goods liable to Execution , are only such as are liable at the making of the Decree , and not at the Teste of the Commission .

Nota . Bankrupts Lands given to a Cha . Use , sold to one that had no notice , may be decreed to that Use .

THe manner of execution is deferred to the Lord Chancellor , and yet his discretion should be limited and confined in awarding process of Execution , unto the usual course of Iustice , in Courts of Iustice and Equity . But the usual manner is to award a Writ of Execution , framed by advice , for that purpose , upon the Statute ; and after that , an Attachment , and then Imprisonment of the party , until performance ; but he may at his pleasure award an Habere facias seisinam , if the Decree concerned the disposing of Land : and thereupon may also Grant a Commission to keep the party in possession . And for the most part , the Chancelor useth , 1. If the Decree concern the realty , to award the Writ of Habere facias seisinam . 2. If for an Estate to be executed , then a Writ of Execution , an Attachment , Imprisonment and Fine . 3. If it be concerning the payment of a debt , &c. then either an Attachment , Imprisonment and Fine , or an Elegit , or a Fieri facias , and these three manners and sorts of Executions are usual and warrantable .

Decrees upon this Statute , shall make those Lands and Goods only lyable to execution , which the party bound by the Decree , had at the time of the making of the Decree , not at the day of the Teste of the Commission .

If the Commissioners upon the Statute of Bankrupts , sell the Land which the Bankrupt had to a Charitable Use , and that to one that had not notice of the Vse , yet the Commissioners , upon this Statute , may decree for so much as is given to the Vse .

Nota . Money in a Bankrupts hands to that use , shall be liable as a Creditor , and be shar'd accordingly . If Money given to a Charitable Use , comes to the hands of one that becomes Bankrupt , the Charitable Use shall come in but like a Creditor , and share alike as other Creditors ; otherwise of Land .

Nota . If a Recusant Convict , give a Cha . Use , and after the offence committed , it binds the King , as to the Cha . Use . If a Recusant , after the offence committed , give Lands to a Cha . Use , and after be convicted , yet a Decree shall bind the Land for a Charitable Use , because the forfeiture is intended , not for any advancement of the Revenue of the Crown , but for a punishment of the Offender .

If an Accomptant give Lands to an Vse ,

Nota . If an Accomptant give Lands , and be found in arrear , no Decree , shall bind the King .

A Cha . Use must give place to the Treasure of the Crown . The Goods of the Husband shall be bound for a Cha . Use given to the wife before Coverture .

and after be found in Arrearages , no Decree shall bind the King , for the Vse in this case , because such Land was intended , part of the Kings Revenue ; and a Charitable Use must give place to the Treasure of the Crown .

If a man marry a Woman that hath Goods given to a Charitable Use , the Goods of the Husband shall be bound to Execution , but neither his Body nor his Lands .

If a Decree be made against Executors ,

Nota . Wasts of a Cha . Use by Executors , are chargeable upon their own Goods , and so are their Lands . which they had at the making of the Decree .

If the Decree be made only upon contempt for not payment , the Lands are excused

to pay certain Moneys to a Charitable Use , in regard they had wasted the Assetts that they had , and was payable to the Charitable Use ; In this case , Execution may be awarded upon their own Goods , and upon all their Land , which they had at the time the Decree was made ; But if the Decree was not made upon the Devastment , but for contempt , or not payment , the Execution shall not be extended to their Lands . A Scire f●cias must be first awarded , before any Decree can be executed against an Ancestor , or a Testator .

A Decree made against the Ancestors , or the Testator , shall not be executed against the Heir , or Executor , with a Scire facias , first awarded .

Upon the Third Branch of the Fourth Division .

THere is given to the Lord Chancellor , a Directory declaratory , and additionary , What compulsory power is in the Lord Chancellor . and compulsory power by this Statute , which he may exercise , upon complaint by a party grieved , that the Commissioners have not pursued their authority .

Who may justly complain .

Whosoever hath b●num ●missum , or malorum Commissum by the Decree .

Every one interessed in property , to his own Use .

Any one that hath prejudice by the Decree in Law or Equity .

A party grieved is , whosoever hath bonum omissum , or malorum commissum by the Decree . Whosoever is interessed , and hath a property and ownership of Goods and Lands to his own use , whosoever by the Decreé hath prejudice , either in Law or Equity , is pars gravata , and may complain by Bill .

But where the prejudice is common or general , there every man may complain as a amicus curiae ,

Nota . Generally . Every one where the prejudice is general , may complain as Amicus curiae .

As for reparation of High-ways , &c.

not as a party grieved , as where Lands given to repair Bridges or High-ways , which are publick easements , there any man may complain , if the Decrée limit the Vse to any other purpose .

If a Stock be given to be lent out to poor Tradesmen of a Town , and this be decreéd only to Clothiers ; If a stock be given to poor Tradesmen in general , be decreed only to Clothiers , all other Tradesmen are par●● gravatae . the other Tradesmen are pars gravata . So if to Artisans and it be decreed only to Haberdashers , &c. the other are pars gravata .

A Cha . Use charged upon a Dower , the Wife , post mortem , is parsgravata .

Nota . So of Land descended to a Daughter , and a Son born after , the Son is pars gravata .

Nota . The Lessor of a termor upon condition , &c. is not pars gravata .

If a Decrée be made against a Husband , of Land , whereof the Wife was Dowable ; the Wife , after the death of her Husband , is a party grieved . So if a Decree he made against a Daughter for Land descended , the Son that is born after , is a party grieved .

If a Termer upon a Condition , that he shall not alien , without the consent of his Lessor , devise that his Executors shall sell it for a Charitable Use ; the Commissioners decree , that the Executors shall sell it , the Leasor is not pars gravata .

Nota . Title paramount this Decree , is gravata persona . Feoffee , or Assignee , after Inquisition , is not .

Every Creditor after a Decree against a Bankrupt , at the time for Goods , is pars gravata .

The Heir , Executor , or Administrator of an Ancestor , Testator , or Intestate , is pars gravata , So is every one that claims by Estoppal , during , the time of the Estoppel .

Every one which hath a Title , paramount the Decree , is a party grieved : but the Feoffee or Assignee , after Inquisition , is no party grieved .

If a Decree is made against one that is Bankrupt , at the time for Goods , every Creditor , is pars gravata , but not for Lands .

If a Decree be made against an Ancestor , a Testator , or one that dies intestate , the Heir , the Executor , or Administrator , is a party grieved ; So is every one that claime , by Estoppel , during the time of the Estoppel .

Upon the last Part of the fourth Division .

The Chancellors predominant Power .

If the intent of the Donor was not lawful , nor the Gift a good ground , though the Decree concurr with the Donors intent , yet such a Decree cannot be altered , but must be nulled .

IN reducing the Decree to the intent of the Donor , the Chancellor hath a predominant Power ; but if the intent of the Donor was not lawful , or the Gift had no good ground , though the Decree concurr with the intent of the Donor , yet such a Decrée cannot be altered , but must be annulled ; And therefore ,

If a man devise that his Heir , as often as such a Church shall become void , Nota . Where the Use depend upon Symony , the Decree must be nulled . shall present a poor Scholar of such a Colledge ; and that the Clark presented , shall have a certain sum of Money to the repair of High-ways ; and the Commissioners decrée accordingly : this Decreé is to be annulled , and made void , although it be according to the intent of the Donor , because the Vse for High-ways , depends upon Symony .

Nota . The Kings Grant of the penalties of Statutes , to a Cha . Use , and the Commissioners decree accordingly , is not warrantable .

So if an Imposition be granted , for bringing Corn to a Market .

If the King grant the penalty of divers Statutes to a man , to a Charitable Use , and the Commissioners decreé accordingly , yet the Decrée must be annulled , not altered , because the Original was not warrantable .

So if an Imposition be granted , that every one that brings so much Corn to the Marker , shall pay 2 d . towards the repair of such a Haven , though it be decreed accordingly ; yet the Decrées must be annulled , not altered , because the Imposition was not lawful .

But if the Grant had beén , But if for exportation it is good . that every one which shall transport so much Corn over Sea , shall pay so much for the repair of the Haven ; a Decree made accordingly , had beén good , and executable , because the Grant was lawful .

If the Commissioners decree , Nota . Lord Chancellor may limit a longer or a shorter time , than is appointed by the Donor . that the arrearages of the Profits , given to a Charitable Use , shall he paid in two years ; the Lord Chancellor may alter the Decreé , in the point of time , and limit a longer or shorter day of payment .

If the Gift be general , for the maintaince of a School ; A general to a particular Use . and the Decree be made for a Grammar-School , the Lord Chancellor may alter the Decreé , and appoint it for a Writing-School .

If the Donor give Money to be lent to poor Tradesmen , and the Decreé limits the time , Money lent , to be paid sooner or latter . how long they shall have it , yet the Lord Chancellor may limit a longer or shorter time of the Loan .

But if the Gift be given to make a Causeway in a place certain , and it is decréed accordingly , But a place certain , his Lordship cannot alter , as a Causeway . the Lord Chancellor cannot alter the place ; but he may change the imployment , from a Causeway , to make a Bridge , if his discretion think fittest , because the passage was the Principal ; which being observed , the conveniency , whether a Causeway or a Bridge were fittest , is in the Chancellors discretion to appoint .

If the Donor ordain , Nota . Nor the kind of any thing given . that the relief be given in Bread , and it be decreéd accordingly , the Lord Chancellor cannot alter the relief to be given in Money , for the kind should be charged . Nor from Christmas to any other Feast . So if the relief be appointed to be given at Christmas , the decreé according , cannot be altered to another Feast , because the honor of the particular Feast , seéms essential to the Gift . Nor from St. Pauls to Westminster . So if the Gift and Decrée be , for such Poor , as shall come and hear a Sermon at St. Pauls , it cannot be altered to Westminster , for the place is material .

If the Decree ordain , The form of an Assurance , his Lordship may alter . that an assurance shall be made by Feoffment , the Lord Chancellor may alter the form , and limit the assurance to be made by Fine .

Nota . He may charge the Executor instead of the Heir . Et è converso , or may divide the charge . If the Decree charge the Heir , the Lord Chancellor may change it , and lay it upon the Executor , Et è converso , for both are chargeable , if they have Assetts ; or he may divide the charge at his pleasure .

Nota . The Churchwardens instead of the Overseers , of the Poor may be charged . So if the Decree charge the Overseers for the Poor , he may change it , and lay it upon the Churchwardens , Et è converso , or may divide it between them at his pleasure .

Nota . But a Gift general ad Pios usus , is not alterable . But if a Gift he made general , ad pios usus , and the Decree limit the imployment for repair of High-ways , &c. this Decree is not alterable to another Vse , Nor a General reduced to a Certainty . Nota . because the Commissioners have lawfully first reduced , the generalty to a certainty .

If a Gift be made to such a Charitable Use , as J. S. shall nominate , though J.S. do nominate , and the Commissioners decree , yet the Decree is not alterable , but must he annulled . A Charity given to the Use of J. S. shall nominate , is not good , but must be annulled .

Nota . But if to such a Use as the Commissioners shall appoint in Certain , it is good . But if the Gift had bin to such a Charitable Use , as the Commissioners upon this Statute , should assign , and the Commissioners by Decree , had appointed one , in certain , this Decree were good , and not alterable by the Chancellor , because they first reduced the Gift to a certainty .

Upon the Fifth Division .

Provided that this Act , &c. shall not extend to any Lands , Upon the Fifth Branch . &c. given , &c. to any Colledge , Hall , or House of Learnin , within the Universities of Oxford or Cambridge , or to the Colledges of Westminster , Eaton , or Winchester , or any of them ; or to any Cathedral , or Collegiate Church within this Realm . Nor to any City or Town-Corporate , nor to any Lands , &c. within any such City or Town-Corporate , where there is a special Governor appointed to govern or direct such Lands to the Uses aforesaid . Nor to any Colledge , Hospital , or Free-School , which have special Visitors or Governors , appointed by the Founders .

1. In what Cases , Lands , &c. and Goods , 3 Points . &c. given to Colledges , Cathedral Churches , &c. are exempt out of this Act. 2. In what Cases , Lands given to Towns-Corporate , or Cities , are exempt . 3. In what Cases , Lands &c. given to Hospitals , or Free-Schools , are exempt .

The Proviso of exempting Lands , Resolve . &c. must be construed strictly , &c. ut in fol. 19.

THe Proviso of exempting Land , Proviso of exempting Lands , must be taken strictly , and not by Equity . must be construed strictly , and not be taken by Equity , unless in very special cases , because the body of the Statute is a beneficial Law ; and therefore ,

The Proviso must be taken litterally Literally . in thrée Points . Nota .

1. It shall extend only to Corporations in esse , 1. To Corporations in Esse . at the time of making the Statute , and not to be stretched to such as shall be made after .

2. It shall not be extended to Lands , 2. Not to Lands given after the Statute . &c. which are given after the making of the Statute , though the Corporation , &c. were in being , at the time that the Act was made .

3. It shall not extend to Goods and Chattels , given to Cities , &c. 3. Not to Goods and Chattels , given to Cities , &c. because Lands only are mentioned in the Proviso . Nota .

Yet by Equity , it shall be extended in two cases . But in two Cases it may by Equity .

1. If there be inferior or petty Corporations , 1. To petty and inferior Corporations . as Companies of Mercers , Grocers , &c. in a greater Corporation , as the City of London , it shall be extended , by Equity , to such Companies or Corporations .

2. Though Colledges be only mentioned , 2. To the whole University , though Colledges be only mentioned . yet the whole Vniversity , which is a body politick , shall be taken , by Equity , to be within the Proviso .

Three things requisite to bring any thing within the Proviso of this Act. Nota . To bring a Gift within the Proviso , threé things are requisite .

1. That the Gift be made to a body Politique . 1. That the Gift he made to a body Politick ; not to a part , or principal Member , as to the Dean and Chapter , not to the Dean alone .

2. That the imployment be to a Corporation . 2. Not only the Gift , but the Imployment also must be limited to a Corporation , yet if the Gift be to the Chief , or grand Corporation , and the imployment limited into an inferior Corporation within it , it shall be exempted .

3. The Corporations , &c. must have power to execute . 3. The Corporations , Overseérs , or Governors must be able , and have power to execute and imploy the use , in as ample manner , as the Commissioners may do ; otherwise , if they cannot cause the use to be imployed , the Commissioners may intermeddle , Otherwise the Commissioners may intermeddle . and the Proviso shall not save them .

A Gift to a Colledge , to pay 20 l. per Ann. to a Parson , for Cha . Uses , is not within the Proviso . A Gift was made unto a Colledge , to pay 20 l. unto a Parson , to distribute amongst the poor of his Parish ; this Vse was not within the Proviso , because the Colledge hath no power to compell the Parson , to distribute the Money . But if to a City , to be imployed by the Mayor , it is otherwise . But if the Gift be to a City , to be imployed by the Mayor , it is exempted , because he is part of the Corporation ; so if the Gift be to one Corporation , as to a Colledge , and the imployment of the Vse , limited to another Corporation , If to one Corporation , and the imployment to another Corporation , or City , it is within the Proviso , Nota . as a Town or City ; this is within the Proviso , because , both the property and the imployment are appointed to a Corporation , though several , and shall not amount to as much , as if both were one .

A Corporation for part , Commissioners may deal for the whole .

Majus dignum trahit ad se minus dignum . Increase of Relief , is exempt from the Proviso .

If the Corporation can deal but for part , the Commissioners shall have jurisdiction for the whole , Majus dignum trahit ad se minus dignum . If a Gift he made at this day to an Hospital , which hath a Governor appointed by the Founder , and the Gift be for increase of relief of the poor ; this increase is exempted , as well as the foundation , from the jurisdiction of the Commissioners .

An Hospital in reputation , is exempt . An Hospital in reputation is exempt , as well as if it were a Corporation , if it have a Governor appointed by the Founder ; If it have a Governor appointed , &c. and therefore a Gift to the poor Knights of Windsor , for increase of their allowance , is exempt , because they have the Dean and Cannons , As Dean and Chapter of Windsor . for they are Supervisors by their Founder ; and although they are provided otherwise to live , yet because they live upon Alms , a Gift made unto them , is within the Charitable Vses of this Statute .

Upon the First Part of the Sixth Division .

Provided , that no person , who hath purchased , or obtained , The Sixth Branch . 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 , Heraditaments , Goods , or Chattels , that have been , or shall be given , limited , or appointed to any of the Charitable Uses above-mentioned , without Fraud or Covin , having no notice of the same Charitable Uses , shall be impeached by any Decree , or Orders of Commissioners , for , or concerning the same , his Estate or Interest . And upon this Proviso , I shall observe these Points .

1. What shall be said a Purchase , Four Points . or obtaining upon valuable consideration of Money , or Land , of any Estate or Interest , of , in , to , or out of any Lands , &c. given to any Charitable Use within the Proviso of this Statute . 2. What a valuable consideration . 3. What shall be Fraud or Covin within this Act. 4. What notice sufficient to charge a Purchasor .

If the first Purchasor gave a valuable consideration , Resolve . &c. fol. 20 , 21 , 22.

IF the first Purchasor gave valuable consideration , Notice . The first Purchasor , though upon valuable consideration , having notice , And all in Privity of the Estate under him , are bound by Commissioners Decree . Otherwise it is , if the first Purchasor had no notice . and yet hath notice of the Vse ; All that claim in privity under his Estate and Title , whether they have notice or not , shall be bound by the decrées of the Commissioners . But ,

If the first Purchasor for valuable consideration , had no notice of the Vse : none of those which come after him in privity of Estate or Bloud , shall be impeached by the decreés of the Commissioners , although they have notice of the Vse ; because the first Purchasor , from whom they decrée their Title , was exempted from their authothority .

J.S. which hath notice of the Charitable Use , purchases the Lands for valuable consideration , in the name of B. who hath no notice of the Vse ; yet B. shall be chargeable , because in truth , J S. was the Purchasor , and he had notice , which runs with the Purchase .

J. S. having notice , purchaseth in the name of B. who hath no notice . B. is chargeable with the Cha . Use .

Notice runs with the Purchase .

A married Woman which hath notice of the Vse , Tenant by Courtesy is chargeable , though he have no notice . purchases the Land for valuable consideration , if the Husband be afterward Tenant , by the courtesy of these Lands , he shall be charged by Decreé , though he had no notice of the Vse , because he claims his Estate , under the Estate of her , which had notice , and was lyable .

A Wife endowed , shall be bound by the notice of her Husband . So if the Wife he endowed of Lands , which were given to a Charitable Use , and her Husband purchased , having notice of the Vse , she shall be bound by Decreé , though her self had no notice , for she claimed her Estate from her Husband , who had notice , which shall bind her and her Estate , coming from him in privity , by course of Law .

The Lord to whom Land Escheats , is chargeable by the notice of the Tenant So if there be Lord and Tenant , and the Tenancy being given to a Charitable Use , is purchased by one that hath notice , who dies without Heirs ; the Lord to whom the Land Escheats , shall be charged with the Vse , though he had no notice of the Vse , because it was chargeable in the hands of his Tenant , and he shall take it with all their charge . And besides , the Lord was no purchasor for valuable consideration , and therefore not within the Proviso .

Feoffee makes a Fement of a Cha . Use , to one that hath notice , the Land is chargeable with the Use . If the Feoffeé to a Charitable Use , makes a Feoffment to another , which hath no notice of the Vse , and for a valuable consideration upon condition ; and after the Purchasor makes a Lease back again to his Feoffeés , for a Release of the Condition : In this case , though the Land was discharged in the hands of the Purchasor ; yet the Lease shall be charged by Decreé for the Vse , because the Land is come again into the hands of the Feoffée ; which was the person trusted with the Vse ; and therefore cannot clear the Land from the Vse , nor freé himself from the Trust by any Conveyance , or means , how many soever they be .

A Disseisor makes a Feoffment to a Cha . Use , and Leaseth afterwards to the Disseisee , who hath notice , this Lease shall not be impeached by Decree . If a Disseisor make a Feoffment to a Charitable Use , and after makes a Lease unto the Disseisée , who hath notice of the Vse , and the consideration is for a release to the Disseisor ; this Lease shall not be impeached by Decreé , though the Leasee had notice of the Vse , because it was the strength , and cause of the Vse it self .

A Purchasor makes a Feoffment , with warranty , to one that hath notice , the Feoffee shall not recover in value . A Purchasor having notice of the Vse , makes a Feoffment , with warranty , for valuable consideration , to another that hath notice , the Land is evict by Decreé by the Commissioners ; the Feoffée shall not recover in value , by reason of the warranty , because the cause of Eviction is the notice of the Feoffée , which is no Title paramount to the Feoffment , and therefore the warranty extends not unto it .

Grantee of a Rent , purchases of a Tenant , who hath no notice , parcel of the Land . The rest of the Tenants must pay their Rent . No extinguishment lies in the case .

Two Joynt-Tenants , one hath notice , he shall be charged with the whole .

The Granteé of a Rent to a Charitable Use , purchases Parcel of the Lands of a Tenant , which hath no notice of the Vse ; the residue of the Tenants shall be forced to pay the Rent , and no extinguishment in this case .

If two Joynt-Tenants of Lands out of which a Rent given to a Charitable Use , is issuing , purchase the Rent , and one of them hath notice of the Vse , he shall be charged with the whole ; but if he dye , the other which had no notice , surviving , shall be charged but for a Moity .

If he dies , the Survivor with a Moity only .

Rent given , be purchased by one that had no notice , descends to a Tenant that had notice .

The Rent is extinguished .

If a Rent given to a Charitable Vse , he purchased by one that hath no notice of the Vse , and from him it descends to the Tenant of the Land , which hath notice , it shall be extinguished , notwithstanding the notice , because he comes to it by him , which had the Rent discharged of the Vse

A Purchasor of a Lease having notice of the Vse , deviseth the term to one , which hath no notice , upon condition to pay money for it , the notice of the Testator ,

Notice of the Testator , shall bind the Executor .

An Executor assents to a Legacy , it is a Devastavit , and his own Goods are chargeable .

shall bind the Executor . And if an Executor having notice of the Vse , assent to the Legacy , it is a devastavit , and he shall be charged with his own Goods , because he might have pleaded the Gift to the Vse in the Spiritual Court , if he had béen sued for the Legacy , and if the Iudges had not allowed the allegation , he might have sued a Prohibition .

A. Purchases Land given to an Vse to himself for years , Upon consideration of Money , those only shall be charged , that had notice . If the Consideration be mixt , as Marriage , and Money , the Law is otherwise . For then all shall be charged by the notice of one . the Remainder to B. for life , the Remainder to C. in Fée , and A. pays the Money , which was the Consideration ; those only which have notice , shall be charged , because the consideration being Money , it is valuable for every sale ; but if she consideration had béen mixt , as Marriage and Money ; it were otherwise , for all shall be charged , by the notice of one .

If a Man and a Woman being an Infant , A Man and a Woman being an Infant , having notice intermarry and purchase , &c. they are both chargeable with the Use . Infancy will not give her priviledge , because a Purchasor and this Joynture shall bare her of her Dower . having notice of the Vse , purchase the Land before Marriage , with the Money of the Wife , to them and the Heirs of the Husband , for a Ioynture for the Wife ; in this case they shall both be charged , by reason of their notice . And the Infancy of the Woman shall not give her any priviledge , because she is a Purchasor , which is her own Act ; And it seéms this Ioynture shall barr her of her Dower , though it be evicted by Decreé , because the cause of the eviction was her own notice .

But if the Husband purchased Land , The Wife shall be bound by the notice of her Husband . having notice of the Vse , and then , after Marriage , made Ioynture to his Wife ; in this case , the Wife shall be bound , by the notice of her Husband ; After Eviction , she shall be endowed of the rest of her Husbands Estate yet if the Ioynture be evicted by Decrée of the Commissioners , the Woman shall be endowed of the rest of her Husbands Land ; For this is Equity within 27 H. 8. A former Statute may be construed in Equity by a latter . for this is an eviction within the Equity of the Statute , 27 H. 8. Cap. 10. of Ioyntures ; for a former Statute may be construed in Equity by a latter .

A Man having notice of the Vse , A Man having notice , marries a Woman purchase , that had no notice . His notice shall not charge him , for he was no party trusted . marries a Woman which had purchased the Land , having no notice of the Vse ; she dies , and he is Tenant by the Courtesie : his notice shall not charge him , because he comes by course of Law to an Estate , which was discharged ; and he was no party trusted .

Two Joynt-Tenants , one an Alien , and dies , and an Office is found .

The King shall have a Moiety , because his Title is Paramont .

Two Ioynt-Purchasors of Land , one of them hath notice , if he survive the whole shall be charged ; if the other out-live him that had notice , yet he shall be charged for a Moity , because he is in by survivorship , and the Vse was paramount the Ioynture . As if two Ioynt-Tenants he , whereof one is an Alien , and he dies , and then an Office is found , the King shall have a Moity , because the other was in by Survivorship , and the Kings Title was Paramount .

Issue of the Tenant in Tail , with remainders over , shall be charged by the notice of the Tenant in Tail , because he is remitted to the Estate Tail , which was charged with the Use . Tenant in Tail , Purchasor , having notice , Enfeoffs a Stranger , having no notice of the Vse ; the Feoffeé infeoffs the Issue of Tenant in Tail , who also hath no notice ; the Tenant in Tail dies , now the Issue shall be charged , because he is remitted to the Estate Tail , which was charged with the Vse .

Upon the Second Part of the Sixth Division .

VAluable consideration of Land or Money .

He made seven Conclusions .

1. A mixt Consideration ,

Valuable Consideration .

Mixt Considerations , No valuable Consideration within the Proviso of this Statute .

though it were good upon other Conveyances , yet it is no valuable Consideration within the intent of this Proviso . As if the Purchase be in consideration of Money , and a Marriage , or Money and natural Affection ; because there shall be intended , that there is Fraud in Affection , and the mixture of Money , is added but for a colour .

2. If a valuable Consideration be coupled with another , that is unvaluable , and void . If a valuable Consideration mixt with another that is not so , the mixture shall not hurt the former Utile per inutile non vitiatur . ( As if it be for Money , and in consideration of antient Amity , or such like ) because the whole Consideration , rests upon Money , which is valuable and good , the mixture of the other shall not marr the former . Utile per inutile non vitiatur .

3. The Money or Land are not regarded , A Purchase undervalued . if either the Purchase be undervalued more than halfe the very worth of the thing , If Purchase-Money be paid , and presently repaid , or promise taken for repayment . as if 20 l. be paid for that which was worth 30 l. or if there be Fraud in the payment , as if the Money were paid , and presently repaid , or Promise and Trust given of repayment , ( for such things are averrable ) or if the Fraud be apparent , If the sale be to Servant , Cousen , Brother ; all those are Frauds within this Act. as if the sale be to a Servant , a Cousin , or a Brother , it is Fraud by common Intendment of Trust and Confidence in such persons .

4. By the name of Money , By Consideration of money , are intended all things ; as a Release of a Debt , of Arrearages of Rent , Value of a Wards , Marriage , Release of a Covenant broken , of a debt due by an Infant ; Plate of known weight , are within the meaning of consideration for Money . But Marriage-Money , Jewels , and things of pleasure are not . are intended all such things as are of the nature ; as a release of a Debt , or of Arrearages of Rent , or of the value of a Wards Marriage ; but not of Money due , as Marriage-Money , because Marriage it self is no valuable consideration for doubt of Fraud in Affection , But a Release of a Covenant when it is broken , or of a Debt , which an Infant owes for his Dyet , are considerations within the intent of the word Money . So is Plate , of a known weight ; But neither Iewels , nor matters of Pleasure ( though Money be paid for them ) are within the meaning of consideration for Money .

Land extends to all things , that depends upon Land , as Rents , Leases , Extents , Wardship , Titles of Entry for Condition broken . Forfeitures , Commons , &c , forfeitures of Marriage . But extinguishment of possibilities , are not within this Proviso .

If the Consideration be for Money and Usury mixt , the Usury makes all void .

5. Land . This word extends its self to all things that have their dependencies upon Land , as Rents , Leases , Extents , Wardship , Titles of Entry for Condition broken , Forfeitures , &c. Commons , &c. forfeiture of Marriage , &c. But extinguishments of possibilities are not .

If the Purchase be for 110l . which 10l . is for Vse , the consideration is for Money and Vsury , and so mixt , that the Vsury shall make all void .

Commissioners may examine into the truth of a consideration expressed , and add to them : or falsify them , though the party be Estopped by his Deed . 6. What consideration soever be expressed in the Conveyance , yet the Commissioners may examine the truth of the matter , and add other unto them , or falsify them notwithstanding the party be estopped by his Déed to shew the contrary , that is there contained .

If the Consideration be exemptory , and not performed , it is out of this Proviso , and Commissioners may decree against a Purchasor .

But if part be executed , and part executory , or a sum in gross , &c. in part paid , the Commissioners are concluded , and cannot decree .

7. If the consideration be Executory , and not performed , it is not within the meaning of this Proviso ; and the Commissioners before the performance , may make a Decrée against the Purchasor ,

But if part be executed , and part executory , as a Fine and Rent , or a sum in gross , whereof is paid , and a day given for the residue , in these cases the Commissioners are concluded , and cannot Decrée .

If the Feoffée to an Vse make a Lease for an improved Rent to one that hath no notice of the Vse , the rack Rent is no valuable consideration , to make him a Purchasor within meaning of the Proviso , but a Fine for the Lease is a valuable consideration . A Rack-Rent is no valuable consideration , but a Fine for a Lease is .

A Feoffment to pay Debts , is no valuable consideration within the Proviso of this Act. A Feoffment to pay the debts of the Feoffor , with the Profits , is no valuable consideration within this Proviso .

Upon the Third Part of the Sixth Division . Without Fraud or Covin .

IF Land be given upon condition to maintain a Cha . Use , Private agreement , that the Use shall not be imployed according to the Donors Gift , is Fraud . and the Feoffeé , and the Heir of the Feoffor agrée , that the Vse shall not be imployed , and that the Heir shall enter for Condition broken , and then make an absolute Feoffment again to him , this agreément is Fraud within this Statute .

A Feoffment made unto the Heir in Tail , by the discontinuance to a Cha . Use , to the intent the Heir may be remitted to destroy the Vse , it is Fraud . A Feoffment made by the discontinuance , to the end , the Heir may be remitted , to destroy the Cha . Use , is fraud . A Feoffment made with power of Revocation , by one that hath notice , and after releaseth the power , is fraud .

A makes a Feoffment to C. of Lands chargeable with an Vse , whereof C. hath notice , and this made with a power of Revocation . C. makes an exchange with B. who hath no notice of the Consideration ; and after A. releases the power of Revocation , this is Fraud , because it would overthrow the Vse .

The Husband makes a Ioynture to his Wife before Marriage , and after makes her another Ioynture of Lands given to an Vse ; upon condition , A Joynture made of Lands given to a Cha . Use ▪ upon condition to release a former Joynture , is chargeable with the Charity , if the latter be accepted : but it is no fraud within this Act. that she shall refuse the former ; if she takes the latter , she shall be chargeable , but this is no Fraud , but she is bound by her own acceptance .

The Father , in consideration of natural affection , Lands given to a Son chargeable with a Cha . Use , of which the Son hath no notice , instead of Lands , of which the Son was before seized , is fraud in the Father . Enfeoff his Son of certain Lands , and after , upon condition , that the Son shall Re-enfeoff him of that former Land , he gives him other Land which is chargeable with an Vse , whereof the Son hath no notice ; this is Fraud , because the Father had notice ; for at the Common Law , where the Father which held by Knights service Infeoff'd his Heir within age , it was Fraud apparent .

If a Rent that was granted to deceive a Purchasor , Rent given to deceive a Purchasor , which was given to a Cha . Use , is decreeable , for , Rent is no good consideration . be granted to another for Land , which was given to an Vse , though he had no notice of the Vse , yet the Land is decreéable , because such a Rent was no good consideration .

If the Feoffée to an Vse ,

If Land , &c. be exchanged with an Accomptant to the King , and no notice , and the Land be sold , Commissioners may decree the whole Land , for the gaining to the King was fraud .

The King hath not the Land , but a power to sell it , by 13 Eliz . cap . 4.

exchange that Land with an Accomptant of the Kings , who hath no notice of the Vse , and both the parcels are sold to satisfy the Kings debt ; the Commissioners may decrée for the Land given to the Vse , because there was Fraud in the Feoffeé , to gain it to an Accomptant of the King , and the Land never came to the King , for the King hath not the Land , but only a power to sell the Land given by the Statute 13 Eliz-cap . 4.

Lessee to a Cha . Use , makes a Feoffment to one that hath no notice .

Lessor having notice , enters , the Lease is decreeable for the apparent Fraud . Goods sold in a Market , and bought again by the , seller is Fraud , if he had notice of the Use .

Lesseé to a Charitable Use , makes a Feoffment for consideration , to one that hath no notice ; the Lessor , or he in the Reversion , having notice , enters for a forfeiture , the Lease is Decréeable for the Fraud apparent .

Goods given to a Charitable Use , are sold in a Market , if the party buy them again , they are decréeable ; so is he chargeable that bought them , if he had notice of the Vse .

Goods given to a Cha . Use pass by a general Deed of Gift , is fraud . One that hath Goods given to a Cha . Use , makes a general Déed of Gift of all his Goods , they shall pass with the other , by the general words , and yet they that were given to the Vse , are decréeable for the Fraud implied in the generalty .

Goods &c. given to save another harmless , at undervalue , is fraud without notice of the Cha . Use . Goods given to an Vse , are given to another to save him harmless of a Debt , undervalue , he shall be charged for the overplus , without notice .

A sale under the moiety of the value , is fraud .

But being sold over to another , upon good consideration , the Fraud is purged . A Gift to maintain one for his life , the residue of the profits to a Cha . Use , is fraud ab initio . The Consideration is Executory .

A Sale under the moity of the value , is fraudulent , and decréeable . But if one purchase Lands or Goods , under halfe the value , and sell them over to another , upon good consideration , bona fide , the Fraud is purged .

The Feoffée or Doneé to an Vse , makes a Gift to one that hath no notice , to find , and maintain him during his life , and the residue of the Profits , to be given in Pios Usus this is a Fraud for all , because the consideration is Executory .

Upon the Fourth Part of the Sixth Division .

Notice . The person that must have notice . COncerning notice of the Nse , which should make a man chargeable , notwithstanding any valuable consideration , he considered thrée circumstances .

1. The person to whom notice must be given . 2. The manner how it may be given . Notice is traversable . 3. The time when it ought to be given .

Notice is a thing traversable , and to be collected by circumstances .

1. The Purchasor is the person must have notice .

A Purchasor is he that pays the Money . Notice to a Lessee in Remainder over , &c. is sufficient .

1. The Person which must have the notice , is the Purchasor , and the Purchasor is he which pays the Money .

If an Estate be made to one for years , the remainder for Life , the remainder in Fée to others , if the Lessée pay the Money , his notice is sufficient .

So if Father or Son have notice , and the Father pays the Mo-Money ; if the Son be named a Purchasor .

If Guardian of an Infant , Committee of an Ideot .

So if the Father or the Son have notice , where the Father pays the Money , it is sufficient , where the Son is named the Purchasor .

If the Guardian or Infant have notice , where the Infant is purchasor , it is sufficient . To the Committée of an Ideot , for his Purchase , to the Husband ,

Husband for the Wives Estate . To the Factor of a Purchasor .

To a Dean , Mayor , &c. for the Body Politique , are all good notice .

for the Estate of his Wife , to a Mans Factor , whom he puts in Trust to purchase for him .

To a Dean , Mayor , or other Head of a Body Politique , for their Purchase . For the head , as it hath the tongue to speak , so hath it the ears to hear , for the rest of the Body , and therefore notice to the head , is sufficient for the rest of the body Politique .

2. The manner . Any general Information is sufficient ,

2. To the manner of Notice .

Any general information is sufficient as Church-land , Highway-land , Hospital-Land , &c.

as sometimes the general name of the Land gives a competent notice : as if it be called the Church-Land , or the High-way-Land , or Hospital-Land , &c. the notice of such a name gives an intimation of an Vse .

An Attorney which makes Livery and Seisin upon a Feoffment , to a Charitable Use , hath sufficient notice of the ; Vse ; so have the Witnesses which hear the Deéd read or a Will read , or the effect declared . An Attorney that makes Livery and Seisin , hath thereby sufficient notice . So have witnesses which hear the Deed read , or the Effect declared .

A Scrivener which writes the Will of a Man that devises Land thereby , to repair Highways , though the Devisor afterwards change the imployment to repair Churches , yet the Scrivener hath sufficient notice of the Cha . Use , to exclude him from being a Purchasor within the Proviso . A Scrivener which writes the Will for a Cha . Use , is thereby excluded from being a Purchasor .

If a Coppyholder surrender to another , By surrender of a Coppyholder , all other Tenants and Suitors , have sufficient notice , to a Charitable Use , and this be presented , all the Tenants and Suitors of the Mannor , have thereby sufficient notice , whether they were present or absent from the Court ; for every one is bound to be present by himselfe or his Essoynor , who is his Attorney , and therefore at his peril , must take notice of all things done in that Court .

The notice of the imployment ,

Notice of the imployment , is good notice .

Churchwardens and Overseers of the Poor , and all present at their Accompts , have notice enough . Notice in the Church .

is a sufficient notice of the Gift , and therefore both the Churchwardens and Overseérs for the Poor , and such as are present at their Accounts , have notice sufficient of the Gift and Vse .

Notice given generally in the Church , is sufficient for all the Parishioners , whether present or absent , at the time it was given ; for every one ought to be there present , or to enquire and know , what was done there .

Notice in a Leét In a Leet . is sufficient for all that owe suit to the Court ; but neither Infants , Women , Clergy-men , or persons above 60 years old , are bound by such notice .

The Copy of a Will read or declared , Coppy of a Will under the Ordinaries Seal . under the Seal of the Ordinary , is notice sufficient , but not a Paper Copy .

If a Client bring a Writing to a Counsellor , A Client being told by his Counsel , of the Cha . Use , binds the Client , not the Counsel . and the Counsellor tell him the Land is given to a Charitable Use , this notice shall bind the Client , but not the Counsellor .

The Reading of an Inquisition , or Deposition , are all good notice . The reading of an Inquisition , or a Deposition , taken concerning the Vse , binds those which hear it .

The time of Notice ▪ must be before the Purchase 3. The time of the notice must be before the Purchase .

If a Lease be made for years , upon condition to have the Land in Fee , and this was Land given to a Cha . Use , and then before the performance of the Condition , the Lessée hath notice of the Vse ; if after he perform the Condition , the term now shall be chargeable ; but if he perform not the condition , he shall hold his term without impeachment of the Commissioners Decreé , because it was a purchase before notice .

Notice before Livery and Seisin . Notice before Livery , and Seisin upon a Feoffment .

Before Attornment upon a Grant . Before Atturnment upon a Grant of a 〈◇〉 Rent or a Reversion , is time enough to bind the Feoffée , and the Granteé .

To the Obligor , before payment of his Money . So is notice to the Obligor before payment of his Money ,

If the Bond were not taken for the payment of a residue of the sum , whereof part was paid in hand for the purchase . So is it , if it be before a Déed be delivered , Before a Deed delivered , are time enough . though it were sealed first .

Notice before Enrollment of a Dee , doth not bind . The bargain was good before . Inrollment is only a ceremony . If Land be bargained , and sold by Déed , and the party that bought it , have notice before the Inrollment of the Déed , yet he is not bound by that notice , for the bargain was perfect before , and the inrollment is but a ceremony , added by a Statute .

Notice to the right Heir of J. S. is not good for the incertainty . If a Remainder of Land given be limited to the right Heir of J. S. or to his eldest Son , which he shall have at the time of his death ; notice cannot be given to any man during the life of J. S. for the incertainty , what person shall be his right Heir , or his eldest Son , at the time of his death .

Upon the First Part of the Seventh Division .

The Commissioners , or any four , or more of them , Upon the 7 Branch . 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 Use , that hath or shall break the same Trust , or Defraud the same Uses 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 Assetts in Law or Equity , so far as the same Assetts will extend .

And hereupon I will observe ; 1. What shall be a breaking of Trust , Three Points . or defrauding of Charity within this Act. 2. What Heir , Executor , or Administrator shall be chargeable with recompence , or defrauding of Uses by his Ancestors , Testators , or Intestate . 3. What shall be Assetts in Law or Equity , to make recompence according to this Act , ●ut in fol. 9 , 6 , fol. 23 , 24 , 25 , 26.

If Fees in Trust to a Charitable Use , Resolve , fol. 9. & fol. 23 , 24 , 25 , 26. &c. fol. 6. b . to these words , What an Inquisition , and then begin at fol. with these words , fol. 24. b . If a Man marry a Woman ; &c. and so as in fol. 25. 26. to the end .

IF a Man marry a Woman , to whom a Bond was made for a Charitable Use , , and the Husband releases the Bond , though he had no notice of the Use , yet this is a breach of Trust , What a breach of Trust , and fraud within this Act. If a Husband release a Bond , given to a Wife for a Cha . Use , it is a breach of Trust . and he shall render in recompence , because the notice of the Wife shall bind him .

But if an Obligation be made to a Woman , after coverture for a Charitable Use , and the Husband wave the Bond , But if it were given after Coverture , and he wave the Bond , it is otherwise . he shall not make recompence , though he had notice of the Vse .

Lands are devised for Life , the Remainder in Fée to a Charitable Use . If he in the Remainder have notice , and wave the Remainder , this is a defrauding of the Vse . ( otherwise without notice . ) Remainder in Fee hath notice , and waves the remainder , this is a fraud , otherwise it is without notice .

A Lease for Life is made , and the Remainder is limited to the right Heirs of J. S. for a Cha . Use : If Tenant for Life have notice of the Vse , in remainder , and make a Feoffment , this is a defrauding of the Vse , because the Vse cannot consist without the Remainder , whereunto it was annexed , A Use in remainder cannot consist , in that the remainder , to which it was annexed . and which was destroyed by the Feoffment ; and therefore he shall render recompence .

If Tenant in Tail suffer a common Recovery , this is no defrauding of the Use . But if Tenant in Tail ( the Remainder over being limited for a Cha . Use ) suffer a common Recovery , this is no such defrauding of the Vse , though he had notice of the Vse , as that he shall make any recompence , because his Estate hath that priviledge annexed by Law , that he may cut off the Remainder lawfully .

Morgagee having notice , is chargeable with the Use , if notice ; otherwise , the Hair of the Mortgagee . The Mortgageé devises , that if the Money be paid , it shall be imployed to a Cha . Use ; and if the Money be not paid at the day ; then the Land shall be given to a Cha . Use , the Heir of the Mortgagee enfeoffs the Mortgage before the day of payment ; if the Mortgager had notice of the Vse , he shall be charged for the Money , but if he had no notice , then the Heir of the Mortgageé shall be charged with recompence for the Land , for he brake the Trust .

Executors assent to a Legacy , are chargeable out of the Testators Estate , if Assets , if not , out of their own , for recompense . The termer to an Vse , devises it to an Estranger , which hath no notice ; upon condition , to pay 20 l. per ann. the Executors which have notice of the Vse receive the 20 l. , and so assent to the Legacy , they shall be charged for recompence of the Goods of the Testator , if they have Assetts , if not , of their own Goods , for they did finish the Fraud , which was commenced by their Testator ; but if the Deviseé had notice , But if the Devisee had notice , it is otherwise . there shall be no recompence for the lease , because , in that case , the Lease it self is to be decréed for the Vse .

If a Disseisor grant a Rent to a Cha . Use , and the Disseiseé enters and Enfeoffs the Grantée of the Rent , the Vse is destroyed ; but without recompence , Disseisee Enters , and Enfeoffs the Grantee of the Rent . The Use is destroyed without recompence , because no fraud .

If a Revertioner release to a Feoffee , the Feoffee shall render in recompence . But if Tenant , for life , grant a Rent-charge to an Vse , and after enfeoff the Grantée , and then he , in the Reversion , release to the Feoffeé , the Feoffée shall render in recompence , because the Feoffment was fraudulent , and was not lawfully defeated .

Notice shall descend and bind the Heir . A notice shall descend , and bind the Heir to recompence .

The Father holds Land to an Vse , and dies , the Heir , having no notice , Because his Father had notice . sells the Land to another , which likewise hath no notice of the Vse : yet the Heir shall render in recompence , because his Father had notice of the Vse ; so shall the Executors , for the notice of their Testator , So an Executor by notice to the Testator . be answerable in recompence , if they have Assetts .

A Testator hath Goods to a Cha . Use , gives them by Will to a Feme-Covert , or converts them to his own use ; the Wife only shall be charged , unless the Executors had notice ; it is then , in the Commissioners election to charge either . A Testator having Goods to a Charitable Use , makes a Feme-Covert , his Executrix ; her Husband , having no notice of the Vse , gives them by his Will , or otherwise converts them , to his own use , the Wife only shall be charged , and not the Executors of the Husband , unless they have notice of the Vse ; and then it is in the Election of the Commissioners , to charge either the Woman , or the Executors of her Husband .

If a man wrongfully , by Trespass , take Goods which were given to a Charitable Use , and sell them in a Market , the Trespassor shall be charged with recompence for his wrong ; Trespasser is chargeable with recompence for his wrong . but if the party , out of whose possession they were taken , recover in an Action of Trespass , against the Trespassor , before recompence made , he is not to be charged with recompence , but the party which recovered , must be charged ; But if recovery be made before recompence ; upon an action , the Recoverer is chargeable . yet if the Trespassor be charged , the Commissioners by their Decrée may discharge them against the Proprietory , and he may plead the Decreé in Barr.

An Administrator durante minori aetate , without notice of the Vse , imploys the Goods to the benefit of the Infant : the Goods of the Infant shall make recompence : but if the Administrator waste the Goods , he shall be charged with recompence of his own Goods ; like Law of a Guardian in Soccage . or ,

Goods imployed to the benefit of an Infant , by an Administrator ; the Infant is to allow .

But if the Administrators commit wast , it is otherwise . The like Law of a Guardian in Soccage .

If a Rent for a Charitable Use be issuing out of the Lands of an Ideot , and the King remits him over , the Committeé shall not be charged , The King remits an Ideot , the Committee not chargeable . though he have notice of the Vse , until it be allowed , upon suit by Petition , or by Bill of Complaint , because he comes under the Title of the King , who hath the custody of an Ideot to his own Vse .

But if such a Rent be issuing out of the Lands of a Lunatique , But for a Rent out of the Lands of an Ideot , it is otherwise . the Committeés shall be charged with the Rent , without any Suit for allowance , because they have the custody of the Lunatick , for the benefit of the Lunatick , and the King is not entituled to the Profits , but to the disposing of the Custody .

A man having notice of the Vse , purchases the Land in another mans name , which hath no notice , and he , in whose name the purchase was made , sells it to another , which hath no notice , he , whose name was used , is a party trusted ; and shall make recompence . Purchasor in another mans name , sells over , &c. he whose name was used , shall make recompence

An Accomptant to the King having notice of the Vse , purchases in anothers name , who hath no notice of the Vse ; the King sells the Land to one which hath no notice , the Accomptant shall be charged in this case ; but if the Bargaineé of the King bad notice , he should be charged .

An Accomptant purchaseth in anothers name , &c. the Accomptant is chargeable .

But if Bargainee of the King had notice , it is otherwise .

A Bankrupt hath Lands given to an Vse , the Commissioners sell it to a Creditor that hath no notice of the Vse ; in this case the Bankrupt must be charged , A Bankrupts Lands , &c. are sold to a Creditor that hath not notice ; The Bankrupt must be charged . and though the Commissioners have notice of the Vse , and sell it , yet they shall never be charged ; because they do but execute an authority ; but if the Bankrupt dye without Heir , If the Bankrupt dye without Heir , the Commissioners may charge the Land with the Use . so that there remains no colour of recompence to be made by him , then the Commissioners upon this Statute , may charge the Land with the Vse , in the hands of the Creditors ; &c. for a Charitable Use shall not be barred without actual recompence , A Cha . Use , is not to be barred , without actual recompence . or a party which should render , if he were able .

The first Purchasor , and not he whose name is used , shall be charged with recompence in this case . One which hath notice of an Vse , purchaseth the Land in the name of another that hath no notice , and after the Purchasor requests him , whose name he used , to make a Feoffment to another , for good consideration , the party having no notice of the Use ; in this Case the first Purchasor , and not he whose name was used , shall be charged with recompence .

The Father being Feoffeé to an Vse , Mortgages the Land to one which hath no notice , The Daughter without notice shall be charged with so much as the Land was worth , at the time of the Purchase , with notice , she is chargeable with the whole recompence . and dyes , having issue only one Daughter , and leaves his Wife with Child ; the Daughter redéems the Land by payment of the Money , then a Son is born , then the Daughter having no notice of the Vse , sells the Land to one which hath no notice , the Daughter without notice , shall be charged with so much as the Land was worth , more than she paid for it ; and if she had notice , she shall be charged for the whole recompence , though she is not Heir to her Father .

Daughter shall make recompence out of her own Land . A Man having knowledge of the Vse purchases the Land to his Wife , the remainder to his own right Heirs , and dies , having issue only a Daughter ; and she , after the death of his wife , having no notice of the Vse , sells the Land to another , which hath no notice of it ; the Daughter shall make recompence for the Land , of her own Land , because she is no purchasor within this Statute , but comes in privity of the notice , as Heir to her Father .

Feoffee releases to the Heir of the Disseisor , the Heir shall not be charged with recompence , but the Feoffee . The Feoffée to an Vse is disseised , the Disseisor dies seized , and then the Feoffeé , in consideration of Money , release● to the Heir of the Disseisor , who had no notice of the Vse , the Heir shall not be charged , but the Feoffée brake the Trust , and he must make the recompence .

Ancestor collateral releaseth with Warranty , his Executors are chargeable ; unless he leave Assetts , then the Heir . If Assetts be Burrow-English , then the Land , and the Executors of him that released , are chargeable . Tenant for life , the remainder to A. in Feé , being charged with an Vse , the Tenant for life makes a Feoffment for valuable consideration : an Ancestor collateral to A. releases , with warranty ; and dies , although the Ancestor had no notice , nor was put in Trust with the Land ; yet , for the Fraud , his Executors are chargeable ; but if he leave Assetts , the Heir shall be charged , if not , then his Executors are to be charged ; And if the Assetts descend to Burrow-English , then that Land , and the Executors of him that released , shall be charged .

Executors sell Land to the Testators Heir . A Purchasor having notice of the Vse , devises , that his Executors shall sell the Land ; the Executors having no notice of the Vse , sell the Land to the Heir of the Testator , who likewise is ignorant of the Vse , The Executors de b●●is Testatoris , the Heir is chargeable for the Land . the Executors shall be charged for recompence de bonis Testatoris , and the Heir for the Land , because the Notice descended .

All Co-parteners , at the Common Law , All co-parteners at Common-Law , Heirs by custom of Gavel-kind , Heirs in Burrow-English , are bound to make recompence with Lands dsecended . Heirs in Trust are not . and Heirs by Custom of Gavel-kind , and the Heir in Burrow-English , shall be bound as Heirs , to make recompence with their Land , descended to that kind . But the Heir in Tail , is not to make recompence with such Land discended , because it is not Assetts ; for he hath it per formam doni , as much as by descent , and yet ,

If the Feoffeé to an Vse sell that Land , Heir in Tail of him that leaves Land to descend , that was gained by fraudulent purchase , is chargeable with recompence . and after purchaseth other Land in Tail , which descends to his issue ; the Heir in Tail , in this case , shall be bound to make recompence with that Land intailed , because it shall be intended that his Father purchased that Land , with the money which he had for his fraudulent sale of the other Land in Vse .

A defrauder of an Vse purchases Land in another mans name , and dies ; his Heir procures him , Money in the hands of an Heir , whose Ancestor was a defrauder . in whose name it was purchased , to sell the Land to another , and the Heir receives the Money ; this money in the hands of the Heir , shall be Assetts in Equity , Assetts in Equity . to make recompence for his Fathers fraud .

So if the party , whose name was used , So the Heir of him which puts another in Trust , his Lands are Assetts in Equity . infeoffe the Heir of him which put him in Trust ; that Land shall be Assets in Equity , because he comes in upon a Trust descended .

Land is given to a Man , and his Heirs , The Lands of an Heir , in as a special Occupant . for the life of J. S. though the Heir in this Case , be in , as a special Occupant , yet this Land shall be Assetts to make recompence , as Heir to a defrauder of an Vse .

A defrauder sells a Term with a power of Revocation , A power of Revocation . this power of Revocation in the Executors , is Assetts in Equity ; Assetts in Equity . to make recompence ; because they may sell without Revocation ; and then the Money will be Assetts .

A Copyhold descended descended , is Assetts , in Equity , Assetts in Equity . A Coppyhold descended , and an Estate by Estoppel . Forfeiture of a Term , makes the Term Assetts . so is an Estate by Estoppel .

If an Executor take money to forfeit a Term , the Term shall be Assetts . So if the Heir assent to a forfeiture of Land descended , the Land shall be Assetts , for which the Heir must yield recompence ; the remainder to the right Heirs of J. S. ( if J. S. was a defrauder of an Vse ) is Assetts to make recompence . Remainder of J. S. a Frauder , is Assetts .

Where Executors or Administrators may he charged with recompence , after Administration committed ; Equity . The Ordinary may be charged . in such Cases before Administration committed , the Ordinary , by Equity , may be charged by Equity upon this Statute .

Assetts in Equity must satisfy Charitable Uses first . Equity of this Statute above the Equity of Chancery . Assetts in Equity must satisfy Charitable Vses , before Debts or Legacies ; because Assetts in Equity are disposable , by this Statute , which ordains them to make recompence , and the Equity of the Statute , is above the Equity of the Chancery .

Assetts in Law , must satisfy debts , &c. first . But Assetts in Law , must satisfy Debts , before Charity ; because the Common-Law must order their disposition .

Charity before Legacies . Yet Charity must be preferred before Legacies , in disposition of Assetts in Law .

FINIS .
THE TABLE . A. A Bate of Money , chap. 6 p. 74. Sir Thomas Middletons Case , 1590 allowed and decreed Act of 43 Eliz to what it doth , and to what things it doth not extend , chap. 1. from p. 1 to p. 4. Things in Action , cap . 6. p. 72. Mich . 12 ▪ Jacobi , p. 79. Inhabitants of Sherborne , 3 Car . 1. Administrators , when and how chargable with a Charitable Use , p. 3. vide the Act. To Adnul in whom , vide the Act , cap . 1 p. 4. and chap 6 p. 84. Poor of Chelmsford , and Sir Henry Mildmay , 1649 chap. 6 p. 62. Windsor and Hiltons Case , Mich . 1626. Appeals to whom , chap. 1. vide the Act , and chap. 6. p 62. Windsor and Hiltons Case ; and so to p. 95. Mich . 44. Eliz . East Grenesteds Case , chap. 6 p. 64. Case 4 16 March 4 Car . Inhabitants of Eltham , against Warreyn , chap. 6. p. 67. 10 Car . Sutton Colfeilds Case , Hill . 11 Car . chap. 6 p. 68. Hynshaw and Pydwer , and the Mayor of Morpeth , chap 6 p. 69. Aged cap . 1 p. 1. 5. within this Act for Relief . Who may reverse Decrees 67. Alter cap . 1 p. 4 p. 85. Poor of Chelmsford , and Sir Henry Mildmay , 1649 cap . 6. p. 62. Windsor and Hiltons Case . Amends by whom to be made , and for what , cap . 7 p. 120. Annuities , cap . 1 p. 2 , 3. 94. 44 Eliz . chargeable with a Charitable Use . Appointments what good , chap. 1 p. 1 , 2. chap. 7. p. 105. sect . 1 chap. 6 p 79. Inhabitants of Sherborn , 3 Car . 1 1626. Arrears , cap . 6 p. 76. Bernard Hydes Case . Ass●ts in Law or Equity , when chargeable with a Charitable Use , cap 1 p. 3 , 6. Assignment what good , cap . 1 p. 2. Attachment , Cap. 6 p. 76. Rivets Case , 15 Jacobi , Lands by Attainder , come to the Queen , cap . 1 p. 3. Atturney General , cap . 1 p. 34. Attornment , cap . 1 p. 6. chap. 6 p. 85. Christs Hospital and Haws . Authority of Lord Chancellors , chap. 1 p. 4. to grant Commissions , and to whom , chap 6 p. 62. to alter , admit , or confirme Decrees . B. BEhavior , chap. 1 p. 2. Bills of Reviter , when to be admited and in what Cases , cap . 6 p. 82. Penstred against Payer , Trin . 15 Car . 1. cap . 6. p. 62. Windsor and Hiltons Case , Mich . 1626. chap. 7 p. 128. sect . 6. Bridges , cap . 1 p. 1. vide the Act 43 Eliz . are within this Act. Bishops must be in every Commission , cap . 1 p. 2. and cap . Case 2 Mich . 44 Eliz . C. CAmbridge , cap . 1 p. 2 , 3. Act doth not extend to it . Causeways , cap . 1 p. 1. are within this Statute . Captives it doth extend to , cap . 1 p. 1. Capite Land chargeable , with a Charitable Use , cap . 6 p. 84. Christs Hospital and Haws . Certificates to be made under Seals of four Commissioners , &c. cap . 1 p 4. 6 chap. 7 p. 126. sect . 4. into the Chancery , cap . 1 p. 4. &c. cap . 6. p. 126. sect . 4. Challenge who may have it , cap . 1 p. 2 cap . 6 p 65. Chancellor to a Bishop , to be of the Commission , cap . 1 p. 2. cap . 6 p. 63. Est Greenesteds Case , 9 Car . 1. Lord Chancellors Power and Authority to grant Commissions , cap . 1 p. 2. 4. to Relieve and Regulate misimployments , chap. 7 p. 116. sect . 4. to annul and reverse Commissioners Decrees , chap. 7 p. 121. sect . 6. and chap. 2 Case 2. Est Greenesteds Case , and Case 4 of the poor of Walthamstowe , cap . 7 p. 126 , 127. to judge of Notice , cap . 7 p. 122. Sect . 4. to give remedy for Arrears , chap. 7 p. 125. sect . 4 and chap. 6. Case 38. to record Certificates , chap. 7 p. 126. to Decree according to Donors intent , and to alter and confirm Decrees accordingly , cap . 7 p. 127. to give Costs of Sute or not , cap . 7 p. 127. sect . 6. to increase Costs , cap . 6 p. 127. Case 5 Inhabitants of Eltham against Warreyn , Mich . 10 Car . 1. to make a defective Decree good , chap. 7 ib . & cap . 6. Case 20. Est Greensted , against Howard , 8 and 10 Car . 1. to adnul , diminish , in part , alter , or enlarge a Decree , cap . 6 p. 85. Christs Hospital and Hawes , chap. 7 p. 127. sect . 6. What Charge goes with the Land , cap . 6 p. 70. Woodford Inhabitants , and Parkhurst Hill , 14 Car . 1. Chattels what , and how to be charged , cap . 1 p. 1 , 2 , 3. Churches , cap . 1 p. 1 , 2. a remainder to them good , cap . 6. p. 113. sect . 2. & chap. 6 Case 26. Churchwardens are to have notice of sitting , cap 2 p , 9. Land given to them is good , cap . 7 p. 115. Pennyman against Jenny , 2 Car . cap . 7 p. 113. sect , 2 chap. 6. Case 29. Colledges out of this Act , cap . 1 p. 2 , 3. Commission , and the form of it , cap . 2 p. 7. 8 , 9. when made by fraud , and when legally , cap . 67 , 75. Rivetts Case , 15 Jacobi , and what to be done therein , cap . 7 p. 116 , 117. sect . 4. Commissioners , and their office and power , vide the Act , cap . 1 p. 3 , 4 , 5. to avoid an Estate , cap . 6 p. 63. Case 2 Mich . 44 Eliz . to order repair of houses , ib . to make a Gift to a Corporation no Mortmain , ib . to enable Grantées , to Demise , to order out of their County , ib . p. 64. to order in several Counties , chap. 6 p. 64. East Greenesteds Case , Trin . 9 Car . 1. to decree Rent extinguished , to be revived , ib . to decree Money deteined , and damages for deteining it , ib . p. 67. Case 4 16. March 14 Car . 1. to order repair of Houses , cap . 6 p. 67. Eltham Inhabitants against Warreyn , to give Costs , ib . to make void a Lease , to make a Decree , though not present at the Inquisition , cap . 6 p. 68. the Case of Sutton Colfield , to dispose of Improvements , and increased valew of Land , ib . to reform breach of trust in Visitors and Trustees , ib . and chap. 6 p. 69. Hynshaw and Pydwer , and the Mayor of Morpeth , 5 Car . 1. to decree the Arrearages of improved Rent , cap . 6 p. 7 1. Kenington Hastings 9 Jacobi , to order upon a devise , ib . to order increase of Stipends , to Schollers and Colledges , cap . 6 p. 71. the School of Thetfords Case , damage for abating a voluntary Contribution by Mariners and Souldiers , cap . 6 p. 74 Sir Thomas Middletons Case , 1590. to alter a Commission sued out by fraud and covyn , chap. 6 p. 75. Rivetts Case , 15 Jacobi ; to order pay of Arrears chap. 6 p. 76. Bernard Hydes Case ; transfer a trust ib . to order principal , Interest and Damages , cap . 6 p. 79. Seymour against the poor of Twyford ; to make amends for hurt done to Land , cap . 7 p. 120. sect . 4. to decree Lands in Capite or Soccage , ib . Lands given to sundry persons to settle them , ib . to order and reform breach of trust by a Corporation for Lands lying in the body of the County , ib . to order in another County , ib . to revive Rent extinguished and setle it upon others , chap. 7 p. 121 Sect . 4. to decree Lands in several Counties , and all of them proportionably , ib . to charge one for another , ib . p. 123. to charge surviving Executors , ib . to give use for damage , ib . to make void a Lease , and order it to be surrendred , ib . & cap . 7 p. 124. sect . 4. to give recompence for Wast done in Lands , ib . to enable Trustees to have interest in Land , and to demise the same according to the improvement , ib . & chap. 6 Case 5 , 6 , 9. to order increase of Land , and increase of Rent , ib . to give damages , Costs or interest , ib . & chap. 6 Case 10. Cooke 8 10. & Case 19 , to order Trustees and Visitors , or to change them , ib . p. 124. to transport a Trust , and appoint other Trustees , and remove the first , ib . to revive a Rent extinct by purchase , cap . 7 p. 125. & cap . 6. Case 38. to order a Rent seck , Arrears , and a Nomine penae , ib . & chap. 6 Case 15. What they have no power in , they cannot make a Corporation , chap. 6 p. 63. Case 2 Mich . 43 Eliz . they cannot charge part , where the whole Land is chargeable , chap. 6 p. 64. East Greenesteds Case , Trin . 9 Car . 1. they cannot make a Rent seck a Rent charge . Wyndsor and the inhabitants of Farnham , Mich . 2 Car . 1. Cooke 3 Part , fol. 40. and Bernard Hydes Case , Chap. 6. They are not to meddle with any Lands belonging to Colledges , or where there are special Visiters , cap . 7. p. 118 , 119. See also Sect . 5 , 6. p. 120 , 121 , 124. Nor with a Purchasor for valuable consideration , having notice of the Use , chap. 7. p. 125. and chap. 6. Case 15. Complaint for remedy , if any be grieved , by Decree of Commissioners , must be made to the Lord Chancellor , or Lord Keeper , or Chancellor of the Dutchy , Chap. 1. page 4. and page 7. Who may not be Commissioners , vide cap . 1. p. 4. The heads of the Statute , Numb . 4. Devise upon Condition is good , cap . 7. p. 114. chap. 6. case 37. Hobb . Rep. 136. Conscience . Judgments and Decrees , are to be according to Equity and good Conscience , cap . 1. p. 7. Consideration . Purchasers upon Valuable Consideration of Laws , Goods , or Chattels , are not to be impeached by this Act , cap . 1. p. 3. Conversion . Breach of trust by Conversion of any Lands , &c. within this Act , cap . 1. p. 6. Lands come to H. 6. Ed. 6. or Q. Mary , by Conveyance , are out of this Act , cap . 1. p. 3. Copyhold , may be charged or given to a Charitable Use , cap . 6. p. 80. Kensons Case , 41 Eliz . p. 81. Champion against Smith , 3 Jacobi . chap 6. p. 74. Rivets Case , 15 Jacobi , chap. 6. p. 77. Plate , and the Fellows of St. John's , ch . 7. p. 110. and chap. 6. Case 17 , 25 , 28. Corporations , Lands , &c. given to a Town Corporate , where there are special Governors , to direct and govern such Lands , &c. are out of this Act , cap . 1. p. 3. chap. 6. p. 64. case 2. Mich . 44 Eliz . chap. 7 p. 120. Sect . 4. chap 6. case 2. Sect . 4. chap. 6. p. 83. Mayor of London's Case . Costs of Suite , in what Cases , cap . 1. p. 4. chap 6 p. 67. Eltham Inhabitants against Warreyn , Mich . 10. car . 1. cap . 7. p. 124. Sect . 4. and chap. 6. case 10. Cooke 8. 120. chap. 6. case 19. chap 16 , 29 chap. 7. p. 13 , 14 and chap. 6. 38 case . Correction House within the purveiw of this Act , cap . 1. p. 1. Counties several , where Land is given to a Charitable Use , must be all charged , cap . 6. p. 80. The School of Rugby , 2 Car . 1. cap . 6. p. 64. East-Greensteds Case , cap . 7. p. 120. Sect . 4. chap. 6. case 2. and chap. 7. Sect . 4. Part . 6. chap. 7. p. 126. Sect . 4. chap. 6. case 24. Court of Chancery , and Proceedings , and Practise thereof upon this Statute , cap . 7. p. 127. and chap. 1. p. 4. Covyn shall be impeached by this Statute , cap . 1. p. 3. D. DEcayed persons are releivable by this Act , Cap. 1. p. 1. Damages for cutting down of Trees , Cap. 6. p. 67. Eltham Inhabitants against Warryn , for abating Money out of Soldiers Wages , Cap. 6. p. 74. Sir Thomas Middleton's Case , 1590. For deteining Money given to a Charitable Use , Cap 6. p. 79. Seymour against the Poor of Twyford , Trin . 1634. For Money deteined , given by W. M. Cap. 7. p. 123. Sect . 4. and Chap. 6. Case . 4. Damages for Land of 10 l. per annum , improved to 100 l. per annum , Chap. 7. p. 124. Sect . 4. Chap. 6. Case 10. Cook 8. 120. Decrees of Commissioners , not contrary or repugnant to the Decrees and Intent of the Donor or Founder , are confirmed by this Act , Chap. 1. p. 2. and of what things to be made , Cap. 1. p. 5. Of what not , p. 6. and p. 3. Several Decrees made by Commissioners , from Chap. 5. p. 21. to p. 33. Decrees may be Adnulled , Altered , or Enlarged , by the Lord Chancellor , &c. Cap. 1. p. 4. Chap. 7. p. 127. Chap. 6. Case 5. and Chap. 7. p. 119 , 120. Sect . 4. Chap. 6. p. 64 , 67 , 68 , and Cap. 5. from p. 56 to p. 62. and Cap. 6. p. 85. Christs Hospital , and Hawes . Deeds . Chap .... Good , and upon valuable consideration , their force , Chap. 7. p. 113. Sect . 2. and Chap. 6. Case 32. by Deed , a Charitable Use may be raised , Chap. 6. p. 105. Sect . 1. Demise Fraudulent may be made void by Commissioners , Chap. 1. p 3. and they may enable others to Demise , Ch. 7. p. 53. Mich . 44 Eliz . Resolv'd by Egerton , Popham , Anderson and Cooke . Determining Power is in the Lord Chancellor , Cap. 1. p. 4. Expounded , Cap. 6. p. 86. Case 41 Mich . 14 Jacobi . Standish and Short , and Cap. 6. p. 17. Case 42. Lancelott and Allens Case . Devise . By devise of the Rents of Lands to a Charitable use , the Land it self doth pass , Cap. 6. p. 71. Steward , against Germyn 41 Eliz . a good Devise . Kennington Hastings Case , 9 Jacobi , and School of Thetford's Case , ibid . Cap. 6. p. 77. Plake , and the Master and Fellows of St. John's in Cambridge . Devise of Copyhold to them , and adjudged good by this Statute . Devise to Jesus Colledge good . Jesus Colledge Case in the Court of Wards , 13 Jacobi . Devise void , Chap. 6. p. 78. Lord Montagues Case , and the nature and force of a Devise , and several Judgments therein , from 71 , to p. 83. and 86 , 87 , 89 , 90 , 91 , 92 , 93 , 94 , 95. Directions to Commissioners , Cap. 2. p. 9. Donors intent must be pursued , cap . 1. p. 4. ch . 6. Eltham inhabitants , and Warreyn , Cap. 6. p. 84 , 85. Christ's Hospital against Hawes . E. EAton Colledge exempt out of this Act , Cap. 1. p. 2. Enlarging a Decree , is in the Lord Chancellor , &c. Cap. 1. p. 4. Equity , a Rule to go by , Cap. 1. p. 4. Cap. 7. p. 127. Sect . 6. Escheate ; Chap. 1. p. 6. Lands come to the King by Escheate since Q. Eliz . are within this Act. Estates come to the Crown before Q. Eliz . are out of this Act , Cap. 1. p. 63 an Estate made void by Commissioners may be made good and revived by the Lord Chancellors Decree , Cap. 6. p. 63. Case 2. Mich . 44 Eliz . Agreed by Popham , Anderson , and Cooke . Edward the Sixth . Estates to him charged with a Charitable use , and purchased of him , are not within this Act , Cap. 1. p. 6. Exceptions to Decrees , from Cap. 5. p. 34. to Cap. 5. p. 56 to he put in writing , Cap. 7. p. 127. Examination of the whole matter upon Complaint of Commissioners Decree , is in the Lord Chancellors respectively , Cap. 1. p. 4. Execution of Orders upon Commissioners Decrees , to be taken care of by the Lord Chancellor , Lord Keeper , &c. Cap. 1. p. 4. Exchange . If any Land purchased by Exchange of the Crown , charged with a Charitable Use since 12 Eliz . it is within this Act cap . 1. p. 6. Executors , when and how chargeable , and with what , cap . 1. p. 3 , 6. chap. 6. p. 66. Case 4. 16 March , 4 Car . 1. and cap . 6. p. 82. Penstred against Payer And cap . 7. p. 123. Sect . 4. Numb . 18. and chap. 6. p. 66 , 67. Case 4. 14 March , 4 Car . Exposition of this Statute of 43 Eliz . it extendeth to Guifts after the Statute , as well as to Guifts before , cap . 6. p. 63. case 2. Mich . 44 Eliz . Numb . 4. F. FEme Coverts Devise of a Charitable Use , void , cap . 6. p. 83. Bramble against the Poor of Havering , Trin . 15 Car . 1. Will to be avoided by Commissioners and Lord Chancellor , cap . 7. p. 114. Sect . 3. chap. 6. case 37 , 40. Hobb . Rep. 136. and chap. 6 , 7. p. 110 , 111. Sect . 1. and chap. 6. case 17 , 37 , 40. and Hobb . Rep. 136. Fifteens . Charged upon poor Inhabitants , are within this Act , for Releifs , cap . 1. p. 1. Founders intent must be strictly pursued , cap . 1. p. 1 , 3. chap. 6. Sutton , Colfeld , Hill . 11 Car . Frauds , cap . 1. p. 1 , 3 , 6. are to be remedied by Commissioners , and cap . 6. p. 75. Rivets case , 15. Jacobi . G. GRants come to King H. 8. E. 6. Q. M. before 1 Eliz . this Act doth not extend to , cap . 1. p. 3. cap . 1. p. 6. Governors special of a Charitable Use are not impeached by this Act , but for abuses of trust they may , cap . 1. p. 3. and cap . 6. p. 83 , 84. Chelmsford poor , and Sir Henry Mildmays Case , Mich . 1649. and cap . 6. p. 68. the Case of Sutton Colfeild , Hill . 12 Car . 1. and chap. 7. p. 124. Sect . 4. Numb . 27. Goods given to a Charitable Use , are within this Act , cap . 1. p 1 , 2 , 3. Guifts , what are good , and within this Act , cap . 1 , 2 , 3. 6. and cap . 7. p 109. Sect 1. cap . 6 , 7. p. 112 , 113 , 114 , 115. Sect . 3. Given , how to be taken , and how far it doth extend , cap . 7. p. 113. Sect . 2. H. HAvens within the letter of this Act , cap . 1. p 1. Halls are exempt , cap . 1. p. 2. Handicrafts men provided for by this Act , cap 1. p. 1. Hearing of Causes is to be before the Commissioners , and of Appeales before the Lord Chancellor , cap . 1. p 4. Hen . 8. and all Lands given to Charitable Uses , and come to him , not to be impeached by this Act , cap . 1 p. 3 , 6. Hereditaments , answerable for a Charitable Use , within this Act , Cap 1. p. 1 , 2 , 3. Heirs , are responsable for a Charitable Use , cap . 1. p. 3 , 6 High-wayes , and Uses for their repaires , are within this Act , Cap. 1. p. 1. Hospitals . This Act doth not extend to Hospitals that have special Visitors , cap . 1. p. 6. and cap 1. p 3. and cap . 6. p. 84 Christ's Hospital , and Hawes , cap . 7. p. 11. Sect . 1. and chap. 6. case 38. Houses decayed are repairable by this Act cap . 1. and cap . 6. p 63 case 2. Mich . 44 Eliz Numb 3. and cap . 6 p 67. Eltham inhabitants , and Warreyn , and cap . 6. p. 85. Christ's Hospital and Hawes , and cap . eod . p. 86 , 87. case 41. 14 Jacobi , int. Standish and Short , and cap . 7. p. 120. Sect . 4. I. IMpotent People relievable by this Act , cap 1. Inquisitions , and the Formes of them , and by whom to be made , and of what things , cap . 1. p. 2 , 5. and from cap . 4. p. 12 , to chap. 4. p. 20. Inquisition needs not be in several Counties , where the Charitable Use is to be performed in one County , cap . 7. p. 120. Sect . 4. Numb . 6 , and chap. 6. Case 3 East Greensteds Case . cap . 6 p. 80. The School of Rugby , 2 Car . 1. Information , when and by whom , in what Court , in what causes to be preferred , cap . 5 p. 34. and the form of one , and Replication thereunto , from chap. 5 p. 95 to cap . 7 p. 100. Infants gift to a Charitable Use is void , chap. 6 p. 83. Bramble against the poor of Havering , Trin . 15 Car . 1. & chap. 7 p. 110. Sect . 1. & chap. 6. Case 17 , 37 , 40. Hob . Rep. 136. & chap. 7 p. 114. Sect . 3. and chap. 6. Case 37 , 40. Hob . Rep. 136. Increase of Land to better Valew then at the time when the Use was raised , is to be allowed , cap . 7 p. 123. Sect . 4. & cap . 6. p. 68. the case of Sutton Colfeild , Hill . 11 Car . 1 , & Hynshaw , & Pydwers case , and the Mayor of Morpeth , 5 Car . 1. chap. 6 p. 69. and the case of Kennington Hastings , 9 Jacobi eod . cap . p. 71. Incertainty , Lands given to a Charitable Use , without naming by whom , it is good , notwithstanding the Incertainty , cap . 6 p. 79. Steward against Germyn , 41 Eliz . Interessed person in any thing given to a Charitable Use , can neither be a Commissioner nor a Juror , cap . 1 p. 3. 5. 8 cap . 7 p. 117. sect . 4. 8 cap . 7 p. 124. sect . 4. Interests of Founders is to be pursued , cap . 1 p. 4. cap . 6 p. 84. case of Christs Hospital against Hawes . Judgments by Commissioners are made good and confirmed by this Act , cap . 1 p. 2 , 3 , 4. cap . 7 p. 119. Sect . 4. Jurors Office , and who may and may not be Jurors , cap . 1 p. 3 , 5. cap . 7 p. 117. sect . 4. they may inquire of Lands in another County , chap. 7 p. 119. may be challenged , ib . and must be Sworn . No Juror must be interessed , in the thing given , p. 117. K. KIng . All Lands given to Superstitious Uses , are by several Statutes given to the King , yet so , as if there be any Charitable Use intermixed , the King shall have only so much as is given to the Superstitious Use , cap . 7 sect . 1 p. 106 , 107. 108 , 109 , and Cooke , 4. 104. Adams & Lamberts case , Stat. 75 R. 2. chap. 5 , 37. H. 8. chap. 4. 1 Ed. 6. chap. 15. Crooke 1. part 180. Bridgman Rep. 105 Crooke 2 part 51 , 52. Cooke 4. 104. 1. Edw . 6. 14. The King founds a Free Shool to make it a Corporation , cap . 7 , 109. where no forfeiture to the King , cap . 7 sect . 1 p. 107 , & 108. & Crooke 2 p. 51. M. 2. Jac . C. B. Holloway & Wathonys case . What comes to the King upon Superstitious Uses , cap . 7 p. 106 , 107 , 108. &c. L. LAnds come purchased with a charge upon them , of a Charitable Use , are within this Act , cap . 1 p. 6. Lord Keepers Authority and Power , equal with the Lord Chancellors , cap . 1 p. 2 , 4. Lands in Capite may be Decreed to Charitable Uses , and for the best profits , cap . 7 p. 120. sect . 4. chargeable against a purchaser having notice , p. 121. with a Rent charge , ib . if given to a Corporation , and lye in the body of a County , Commissioners of the County may reform misimployment in the Corporation , ib . p. 120. Lands in several Counties charged with a Charitable Use , the Commissioners of that County where the Use doth arise , may decree those Lands in the other Counties , equally to contribute , cap . 7 p. 120. sect . 4. &c. ib . and other like cases , from chap. 7 p. 119 , 120. to 124. and so to p. 126. Lands in com . Palat . Lanc . within this Act , cap . 1 p. 1. 2. Leases are within this Act and chargable by it , cap . 1 p. 3 , 6. may be made voyd , cap . 6 p. 67. Eltham Inhabitants against Warreyn 10 Car . 1. & chap. 7 p. 119. sect . 4. may be made for improvement of the Use , chap. 7 125. & chap. 6. case 5 , 6 , 9. and chap. 7 p. 124. sect . 4. Lunaticks Will of a Charitable Use is voyd , cap . 7 p. 110. sect . 1. & chap. 6. case 17 , 37 , 40. Hob . Rep. 136. & p. 114. & cap . 7 sect . 3. p. 115. Limitations are within this Act , cap . 1 p. 2. and what shall be said a good limitation , chap 7 sect . 1 p. 105. cap . 6. p. 70. Woodford Inhabitants against Parkhurst , Hill . 14 Car . Lapis Ductitius . Is the donors intent . M. MEtropolitan shall not be named instead of the Bishop of the Diocess in a Commission , cap . 6 p. 63. case 2. Mich . 44. Eliz . agreed by Popham Anderson and Cooke . Maymed men , and Mariners , Relievable by this Act , Cap. 1. p 1. Chap. 7. p. 111. Sect . 1. chap. 6. Case . 13. and Moores Reports , Case 1152. Maides poor , Marriage of them Cap. 1. p. 1. is provided by this Act. Mary Queen , This Act doth not extend to any Mannors , Lands , &c. come to her , unless given to a Charitable Use , and abuse in it , Cap. 1. p. 3. Mannors , Lands , &c. given since 1 Eliz . to a Charitable Use , and before also , are within this Act , Cap. 1. p. 3. Meanes lawful , Commissioners are enabled to inquire as well by the Oaths of 12 Men , as by all other good and lawful meanes , Cap. 1. p. 2. Minister , Devise of Land for a Preaching Minister , a good use within the Act , cap . 7. p. 113. Sect . 2. & Chap. 6. Case 36. cap . 7. p. 112. Sect . 2. & cap . 7. p. 109 , 110 , 111 , 114 , 115. Misimployment , in all Cases of breach of Trust , Falsity , not Imployment , Misgovernment , or Conversion against the intent of the Donor , it is a misimployment , cap . 7. p. 15. Sect . 3. & p. 116. cap . 7. p. 115. Sect . 2. Money , and Stocks of Money are within this Act , cap . 1. p. 1 , 2. & cap . 7. p. 112 , 113. Sect . 2. & chap. 6. case 27. Money deteined from Seamens Wages , recoverable , cap . 6. p. 74. Sir Thomas Middletons Case , 1590. Mortmayne , where Mayor and Burgesses are capable to take in Mortmayne , cap . 7. p. 115. Sect . 3. A Guift to a Corporation to a Charitable use , is no Mortmayne , Cap. 6. p. 63. Mich . 44 Eliz . N. NEgligence in the imployment of any Lands , &c. given to a Charitable Use , is inquirable , and to be redressed by this Act , cap . 1. p. 2. & chap. 7. p. 125. Sect . 4. Nomine poenae , is not to be paid by any , but by the heir , if the Rent be unpaid by him , cap . 7. p. 114. Sect . 3. Notice . Trustees having notice of any Charitable Use , and shall break their Trust , are liable to make recompence , chap 1. p. 3. 6. Land sold for valuable consideration to one that had notice of the Charitable Use , the Rent remaines . cap . 6. p. 64. Case 2. Mich . 44 Eliz Notice to a purchaser ought to be certain , Cap. 6. p. 65. Est Grenested's Case . One buyes Land , having no notice of the Use , yet the Rent remaines , cap . 6. p. 77. Bernard Hides Case . Notic● given to the first Purchaser Adjudged good Notice to the succeeding Trustees , cap . 6. p. 94. Wivelescomes Case , 5 Car . 1. Notice to persons interessed must be of the time and place certain , cap . 7. p. 121. General notice to a Purchaser is not sufficient , ibid . p. 121. cap . 7. p. 121. Notice given in certain to a Counsellor , Attorney , or Sollicitor , in the behalf of his Client , is good , chap. 7. p. 122. Notice to the Son in behalf of the Father , is good Notice , ibid . Notice to a purchaser of the Use , makes him liable to arrears , cap . 7. p. 125. Sect . 4. A purchaser having no notice of the Use and Rent , yet the Rent remaines , Cap. 7. p. 126. Sect . 4. Notice to be given to Overseers of the Poor , vide the Warrant , cap . 2. p. 9. Decrees good without Notice , cap . 7. p. 121. O. OAth . Inquiry is to be made by 12 Men upon Oath , cap . 1. p. 2. The Forme of their Oath , cap . 2. p. 11. Orders . Commissioners Orders made good by this Act , and power thereby given to make Orders , cap . 1. p. 2. Purchaser upon valuable consideration , in some Cases not to be impeached by their Orders , cap . 1. p. 3. All their Orders , &c. are to be certified to the Lord Chancellor , cap . 1. p. 4. Ordinary . The Ordinary may in every cause execute his Office , this Act notwithstanding , cap . 1. p 3. his power is the same as before this Statute , cap . 7. Sect . 3. p. 115. & 13 E. 3. cap . 4. Orders , Lord Chancellors power to make them , cap . 1. p. 2 , 3. Orphanes are to be relieved by this Act , cap . 1. p. 1. Overseers of the Poor are all within the purview of this Act , cap . 2. p. 9. Overseers appointed by Founders , are out of this Act , cap . 1. p. 3. Oxford , and all Colledges and Halls , &c. therein , are out of this Act , cap . 1. p. 3. Occupier and Owner . Every Occupier or Owner must answer Arrearages of Rent for his own time , cap . 7. p. 126. and cap . 6. Case 33. P. PArliament . The Lords in Parliament may confirm , alter , or adnul a Decree confirmed upon an Appeale , and that is to be final : The Poor of Eltham in Essex Plaintiffs , and the Lady Kemp , & al. Defendants , 20 Car . 1643. cap . 6. p. 62. Grooke 3 Part , fol. 40 .... & vide this Act , Cap. 1. p. 4. Poor people they must be , that are relievable by this Act , cap . 1. p. 1. Ports , cap . 1. p. 1. Priests . Guifts to them are all superstitious , cap . 6. p. 93 , 94 , 95. Wickham and Skeene , in ejectione firmae . Pasch . 9 Jacobi in the Exchequer . Tate and St. Michael in Cornhill , Case 49. Walpoole , and the Company of Goldsmiths , cap . 6. p. 95. and Peele and Clothworkers of London , ibid . Case 52. and see from Chap. 7. p. 106. to p. 108. Sect . 1. Prayers for the Dead . A Superstitious Use , chap. 7. p. 106 , 107 , 108. Prisoners , and Redemption of them ; are within this Act , cap . 1. p. 1. Proceedings of Commissioners in the Execution of a Commission , and the way thereof , cap . 7. p. 116 , 117 , 118 , 119. and their power , ibid . p. 120 , to 126. Proceedings of Lord Chancellors , and the way of it , c . 7. Sect . 6. p. 127 , 128. Profits of all Lands , &c. given to a Charitable Use , are within this Act , cap . 1. p. 2. except of Lands come to H. 8. E. 6. Q. Mary , &c. cap . 1. p. 3. Surviving Executors chargeable with profits , chap. 6. p. 66. Walthamstow Poor and Colby , 16 Martii , 4 Car . 1. How profits may be ordered . Eltham Inhabitants and Warreyn , cap . 6. p. 67. Who must answer the Profits of Land , cap . 6. p. 82. Peacock and Thewer , Mich . 14 Caroli . See Parkhursts Case before , and Bernard Hides Case , Chap. 6. p. 76. Purchaser shall not be impeached by this Act , if for valuable consideration , but for recompence , cap . 1. p. 3. for breach of trust , cap . 1. p. 6. what notice is sufficient to him , cap . 6. p. 65. East Greensteds Case . Chargable , with the use . Peacock and Thower , Mich . 14 Car . 1. and cap . 7. p. 121 , 122. Rent , and a Nomine poenae . recoverable against a Purchaser , cap . 7. p , 125. Sect . 4. Preacher . Guifts to a Preacher within the Purview of this Act , cap . 7. p. 109. To maintain a Preaching Minister is good within the Equity of this Statute , Kember against Knighton , Inhabitants . Trin . 15 Car . cap . 6. p. 82. cap . 7 , 110 , 111. Purview of this Act , and what are within it , cap . 7 p. 109. cap . 6 p. 86. Christ Hospital and Hawes . Parish and Parish Officers , cap . 7 sect . 4. p. 119. Q. QUeen . Lands given by the Queen , and her Successors , to Charitable Uses , are within this Act , cap . 1. p. 1. No orders extend to Lands , &c. come to Queen Eliz . to H. 8. Ed. 6. Queen Mary , but if any part thereof hath been given to any Charitable Uses , &c at any time since Queen Eliz . Reign , the Commissioners as concerning the same Lands , &c. make Orders and Decrees therein , according to this Act , notwithstanding the preceding Proviso , cap . 1 p. 3 , 4. and p. 6. Numb . 8. R. REcompence to be made for breach of trust , cap . 1 p. 3 , 6. Lessee to make recompence , cap . 7 p. 123. Purchaser lyable to make recompence , cap . 7 p. 118. cap . 6 p. 115. Recovery . In case of a common recovery , to cut off an Entail , if no judgment be given to the Vouchee , to have in valew , it is a void Recovery , Resolut . by Littleton Lord Keeper , int. Plake , and Masters , and Fellows , of St. Johns in Cambridge , Mich . 14 Car . Release , fraudulent impeached by this Act , cap . 1 p. 3. to deceive a trust , cap . 1 p. 6. Relinquishment of an Estate , come to the Queen to defraud a trust , is within this Act , ib . Relief . All gifts given for Relief of poor , &c. are within this Act , cap . 1 p. 1. No relief upon a Bill of Review , after an Appeal , but in Parliament , cap . 6 p. 72. Windsor and Hiltons case , Mich . 1626. Reference to the Judges and their opinion in the case of an Obit . cap . 7 sect . 1. p. 107. cap . 6 p. 86. Christ Hospital and Hawes . Remedy may be for Waste . Cost , Damages , to void a Lease , for repairs , interest , &c. cap . 6. p. 67. Eltham Inhabitants and Warreyn , 10 Car . Where a misemployment , cap . 7 sect . 4. p. 116. against Decrees , where cap . 1 p. 2. & p. 64 , 68 , 69 , 119 , 120. Remainder to a Charitable Use , good without a peculiar Estate , cap . 7 sect . 2. p. 113. Rent . A rent Charge extinct , may be revived , cap . 6 p. 64. East Grensteds case , Trin . 9 Car . a Rent charge in several places must be charged upon the whole Land , cap . 7. p. 65. ib . Rents revived , cap . 6 p. 70. Inhabitants of Woodford , and Parkhurst . By Will , cap . 6 p. 81. Steddows case , 20 Jacobi . Rent seck within the Purview of this Statute , cap . 7 p. 110 By a devise of the Rent , the Land passeth , cap . 6. p. 112. Rent and a Nomine paenae devised , and a good charge , cap 7 p. 114 Rent extinct revived by a Decree , cap . 7. sect . 4. p. 121. Rent continued , ib . p. 122. Rent devised for maintenance of the poor in an Almes house , good , cap . 7 sect . 4 p. 124. Rent to revive a Rent extinct is good , cap . 7. p. 125. & chap. 6. case 3. 8. Commissioners cannot make a Rent seck a Rent charge , cap . 7 sect . 4 p. 126. Replication , to an Information of Acts general , from cap . 7 p. 101. to p. 104. Review Bill , no Bill of Review after an Appeal to Lord Chancellor , but in Parliament , cap . 6 p. 26. Windsor and Hiltons case , Mich . 1626. S. SChools and Schollars , are provided for by this Act , cap . 1. p. 1 , 3. cap . 7. p. 98 , 109 , 111 , 114. Sea banks , and their repairs , are within this Act , cap . 1. p. 1 6. Seales , Certificates are to be under the Hands and Seals of the Commissioners , cap . 1 p. 6. Settlement of Lands . Commissioners may settle Lands given to Charitable Uses according to the improved , valew , and the intent of the Donor , cap . 7 sect . 4. p. 123 , 125. 8. cap . 6. case 5 , 6 , 9. Commissioners may transfer a trust , and settle it upon others , cap . 7 sect . 4. p. 125. Souldiers . Maymed Souldiers are to be relieved by this Act , cap . 1 p. 2. 6. and of Money , and the payment thereof , cap . 7 sect . 4. p. 119. sect . 5 , 6. Statute expounded , cap . 6 sect . 6. p. 63. and extends to Guifts after , as well as to Guifts before . Surrender . Lands come to the King or Queen by surrender , given to Charitable Uses , are within this Statute , Cap. 1. p. 3 , 6. Cap. 7. Sect . 4. p. 118. T. TAxes . Are within this Act , Cap. 1. p. 1 , 5. and the purvew thereof , cap . 7. p. 109. Tenements given before and since 1 Queen Elizabeth to Charitable Uses , and abuse of them , are within this Act , cap . 1 , 2 , 6. Time . Commissioners are to appoint a certain time of the Execution of their Commission , c . 1. p. 5. Title . No person pretending Title to any Land , &c. given to a Charitable Use , shall be named a Commissioner , or a Juror . cap . 1. p 3. Towns . This Act doth not extend to Corporate Towns that have special Visitors , appointed by Founders to dispose of their Donations , but in case of fraud , breach of trust . &c. cap . 1. p. 3. Tradesmen decayed are hereby releivable , cap . 1. p. 1 , 2 , 6. Trustees and Trusts . Trustees may decree a Lease in trust charged with a Charitable Use , cap . 6. p. 63. Agreed by Popham , Anderson , and Cooke . Mich . 44 Eliz . may transfer a trust , cap . 6. p. 77. Bernard Hides Case may decree Land against the Cestuy que Trust , cap . 6. p. 94. Wivelescomes Case , 5 Car . 1. Breach of Trust against the Donors intent , cap . 7. p. 115. Increased valew not paid , is a breach of Trust . Sutton Colfeilds Case , Hill . 11 Ca . cap . 6. p. 68. Breach of trust in Visitors , ibid . and cap . 6. p. 69. Hynshaw and Pydners Case against the Mayor of Morpeth : and ib . the breach of trust in not bestowing Land in the increased valew . When Visitors break their trust they may be questioned , cap . 6. p. 84. Chelmsford Poor , and Sir Henry Mildmay , Mich . 1649. Commissioners may enable Trustees to have interest in Land given to a Charitable Use , cap . 1. p. 122. To order Trustees to make Leases , ib . To order Trustees , and to alter and change them , ib . p. 124. May appoint Trustees , and remove the first , ib . p. 125. V. VIsitors specially appointed by Donors , are not to be impeached by this Act , cap . 1. p. 3. If they break their trust they may , cap . 6. p. 68. Case of Sutton Celford , Hill . 11. Ca . 1. and Cap. 6. p. 84. Chelmsford . Poor , and Sir Henry Mildmay , vide , Cap. 7. p. 125. and cap . 6. Case 7. Universities , and all Colledges and Halls , &c. within them are out of this Act , Cap. 1. p. 2 , 6. Use . If Lands given to maintain a Schoolmaster and no other use be expressed , it is a breach of Trust if misimployed , Cap. 7. p. 123. Good Uses in certain , shall be prefer'd before a Superstitious Use uncertain , cap . 7. p. 107. Uses . What are good , c . 1. p. 1. & c . 6. p. 82. Penbe against Inhabitants of Knighton , Trin . 15 Car . 1. c . 7. p. 105. & ib . p. 108 , 109. What are superstitious , c . 7. p. 105 , 106 , 107 , 108 , 112. What mixt , Cap. 7. p. 110 , 111. If Land be given for the use of the Poor , and that the Poor shall pray for the Donors souls , the Charitable Use is the peace , and shall preserve the Land , c . 6. case 7. Crooke 180 , 181. What within the Purveiw and Equity of this Act , c . 7. p. 109 , 110 , 111 , 112 , 113 , 114 , 115. W. WAges of Soldiers are not to be abated , c . 6. p. 74. Sir Thomas Middletons Case , 1590. Warrants . Commissioners Warrants , and the several formes of them , c . 2. p. 9 , 10 , 11. Waste . Who Chargeable with Waste , and for what , c . 7. p. 123. Winchester Colledge not within the Act , cap . 1. p. 2. Will declared & Noncupative . A Use raised by Will declared , though defective , is good , Case 6. p. 73 , 74. Case 12. A Devise to one misnamed is good , ibid . p. 81. Rent decreed upon a Will Nuncupative . Stodders Case , 20 Jacobi , ibid . 81. Devise by mistake to the Use is good , ibid . Masters and Burgesses of Redding against Lane , 40 Eliz . & ibid . p. 95. Case 52. A Charitable Use may be raised by Will , Cap. 7. p. 105. How a Guift by Will shall be taken , cap . 7. p. 112. Devise by Will Nuncupative of Rent is good by way of limitation , cap . 7. p. 114 , & 115. Wood wasted may be recompenced by the Act , cap . 7. p. 123. FINIS .