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<DATE>2008-12-17</DATE>
<RESPSTMT>
<NAME>Megan Marion</NAME>
<RESP>MURP</RESP>
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<IDG S="marc" R="UM" ID="A86251">
<STC T="W">H1568</STC>
<STC T="T">E1921_2</STC>
<BIBNO T="umi">99862710</BIBNO>
<VID>170570</VID>
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<TEXT LANG="eng">
<FRONT>
<DIV1 TYPE="title page">
<PB REF="1" MS="y">
<P>THE LAW OF Charitable U&s;es. WHEREIN The <HI>Statute</HI> of 43. <HI>Eliz. Chap.</HI> 4. is &s;et forth and Explained; with Directions how to <HI>Sue out</HI> and <HI>pro&s;ecute</HI> Commi&s;&s;ions grounded upon that <HI>Statute:</HI></P>
<P>Al&s;o <HI>Pre&s;idents, Inqui&s;itions,</HI> and <HI>Decrees,</HI> with divers <HI>Judgements,</HI> and <HI>Re&s;olutions</HI> upon <HI>Exceptions</HI> and <HI>Appeals</HI> again&s;t <HI>Decrees;</HI> and other <HI>Proceedings</HI> upon the &s;aid <HI>Statute.</HI></P>
<P>By <HI>JOHN HERNE.</HI></P>
<P><HI>LONDON,</HI> Printed by <HI>T. R.</HI> for <HI>Timothy Twyford,</HI> and are to be &s;old at his Shop, within the <HI>Inner-Temple-Gate,</HI> 1660.</P>
</DIV1>
<DIV1 TYPE="to the reader">
<PB REF="2">
<PB REF="2">
<HEAD>To the Reader.</HEAD>
<P>_TO commend the Piety of this <HI>Statute,</HI> or to lament the want of a thorough Explanati|on, would afford abundant mat|ter for a long <HI>Preface;</HI> but in|tending (as I ought) charity with|out o&s;tentation, I &s;hall onely in|form the <HI>Reader,</HI> that being fre|quently pre&s;ent at <HI>Commi&s;sions</HI> grounded on this <HI>Statute</HI> of Cha|ritable U&s;es, I have found the
<PB REF="3">
Gentlemen of the Countrey, <HI>Com|mi&s;sioners, Jurors,</HI> and parties pro|&s;ecuting (by want of experience in <HI>Clerks</HI> attending &s;uch <HI>Commi&s;si|oners</HI>) forced to unnece&s;&s;ary atten|dance and charge; Whereupon grown almo&s;t weary of well-do|ing with ill direction, they never cheerfully embraced the <HI>Commi&s;|&s;ions;</HI> Nay, many <HI>Inqui&s;itions</HI> and <HI>Decrees,</HI> which have been returned, mi&s;carried, and were rendered in|effectuall through the unskilful|ne&s;&s;e of tho&s;e that drew them: I have therefore, to prevent &s;uch in|conveniences in future, publi&s;hed the <HI>Statute,</HI> with &s;everall Ob&s;erva|tions thereupon, with divers Re|&s;olutions and Judgments of <HI>Lord
<PB REF="3">
Chancellors, Keepers,</HI> and <HI>Judges</HI> upon the &s;ame, and upon Ex|ceptions taken to &s;everall <HI>Inqui|&s;itions</HI> and <HI>Decrees</HI> made by <HI>Commi&s;|&s;ioners</HI> on &s;uch <HI>Commi&s;sions:</HI> To which I have added &s;ome good forms of <HI>Inqui&s;itions, Decrees</HI> and <HI>Exceptions</HI> to <HI>Decrees;</HI> that tho&s;e Gentlemen who are Authorized to execute &s;uch <HI>Commi&s;sions,</HI> may be better acquainted with the <HI>Statute,</HI> and by it under&s;tand their power and duty, with the be&s;t method of proceeding thereupon. And that the <HI>Clerks</HI> attending &s;uch <HI>Com|mi&s;sions,</HI> may be furni&s;hed with <HI>Pre&s;idents</HI> of all &s;orts for the rea|dier di&s;patch of the &s;ame; my onely aim herein being, to ea&s;e
<PB REF="4">
the Countrey and the Pro&s;ecu|tors of unnece&s;&s;ary charge and trouble, and to render the pro|ceedings upon &s;uch <HI>Commi&s;sions</HI> effectuall; and my hope is, that this Work will take that good ef|fect for which it is intended.</P>
<CLOSER><SIGNED>J. H.</SIGNED></CLOSER>
</DIV1>
</FRONT>
<BODY>
<DIV1 TYPE="text">
<PB REF="4">
<HEAD>THE STATUTE Of Charitable U&s;es.</HEAD>
<EPIGRAPH>
<Q><BIBL>43. Eliz. CHAP. 4.</BIBL>
<P>An Act to redre&s;&s;e the mi&s;-imployment of Lands, Goods, and Stocks of Money here|tofore given to Charitable U&s;es.</P></Q>
</EPIGRAPH>
<P>_WHereas Lands, Tenements, Rents, Annuities, Profits, Hereditaments Goods, Chat|tells, Money, and Stocks of Money, have been heretofore given, limited, appointed and a&s;signed, as well by the Queens mo&s;t excel|lent Maje&s;ty, and her mo&s;t noble Progeni|tors, as by &s;undry other well di&s;po&s;ed per|&s;ons; &s;ome for relief of aged, impotent and poor people; &s;ome for maintenance of &s;ick
<PB N="2" REF="5">
and maimed &s;oldiers, and Mariners, Schools of Learning, free Schools, and Scholars of Vniver&s;ities; &s;ome for repair of Bridges, Ports, Havens, Cau&s;ways, Churches, Sea-bancks and High-ways; Some for educati|on and preferment of Orphans; &s;ome for, or towards the Relief, Stock, or Maintenance for hou&s;es of Correction; &s;ome for marriages of poor Maids; &s;ome for &s;upportation, aid and help of young Trade&s;men, Handy|crafts-men, and per&s;ons decayed, and others for relief or redemption of Pri&s;oners or Cap|tives, and for aid or ea&s;e of any poor Inha|bitants concerning payment of <HI>Fifteens,</HI> &s;et|ting out of Soldiers and other Taxes, which Lands, Tenements, Rents, Annuities, Pro|fits, Hereditaments, Goods, Chattels, Mo|ney and Stocks of Money, Neverthele&s;&s;e, have not been imployed, according to the charitable intent of the Givers and Foun|ders thereof, by rea&s;on of frauds, breaches of Tru&s;t, and negligence in tho&s;e that &s;hould pay, deliver &amp; imploy the &s;ame. For redre&s;&s;e and remedy whereof; Be it enacted by Au|thority of this pre&s;ent Parliament. That it &s;hall and may be lawfull, to and for the Lord Chancellor, or Keeper of the great Seal of <HI>England</HI> for the time being, And for the Chancellor of the Dutchie of <HI>Lanca&s;ter,</HI> for
<PB N="3" REF="5">
the time being, for Lands within the County Palatine of <HI>Lanca&s;ter,</HI> from time to time, to award Commi&s;&s;ions under the great Seal of <HI>England,</HI> or the Seal of the County Pala|tine, as the ca&s;e &s;hall require, into all or any part or parts of this Realm re&s;pectively, ac|cording to their &s;everall Iuri&s;dictions, as afore&s;aid, to the Bi&s;hops of every &s;everall Dioce&s;&s;e and his Chancellor, in ca&s;e there &s;hall be any Bi&s;hop of that Dioce&s;&s;e at the time of awarding of the &s;ame Commi&s;&s;ions, and to other per&s;ons of good and &s;ound beha|viour, authorizing them thereby, or any four or more of them, to enquire as well by the Oaths of twelve men or more of the County, as by all other good and lawfull ways and means, of all and &s;ingular &s;uch Gifts, Li|mitations, A&s;&s;ignments and Appointments afore&s;aid, and of the abu&s;es, breaches of Tru&s;t, negligences, mi&s;-imployments, not imploying, concealing, defrauding, mi&s;con|verting or mi&s;governing of any Lands, Te|nements, Rents, Annuites, Profits, Heredita|ments, Goods, Chattels, Money, or Stocks of Money heretofore given, limited, appointed or a&s;&s;igned, or which hereafter &s;hall be gi|ven, limited, appointed, or a&s;&s;igned, to, or for any the charitable and godly u&s;es before rehear&s;ed, and after the &s;aid Commi&s;&s;ioners,
<PB N="4" REF="6">
or any four or more of them (upon calling the parties intere&s;&s;ed in any &s;uch Lands, Te|nements, Rents, Annuities, Profits, Here|ditaments, Goods, Chattels, Money and Stocks of Money) &s;hall make enquirie by the oaths of twelve men or more of the &s;aid county (whereunto the per&s;ons intere&s;&s;ed &s;hall and may have and take their lawfull challenge and challenges) and upon &s;uch enquiry, hearing, and examining thereof, &s;et down &s;uch Orders, Iudgements and De|crees as the &s;aid Lands, Tenements, Rents, Annuities, Profits, Goods, Chattels, Money, or Stocks of money may be duly and faithful|ly imployed, to and for &s;uch of the charitable u&s;es and intents before rehear&s;ed re&s;pective|ly for which they were given, limited, a&s;|&s;igned or appointed by the Donors and Founders thereof, which Orders, Iudge|ments and Decrees not being contrary or repugnant to the Orders, Statuts, or Decrees of the Donors or Founders, &s;hall by the autho|rity of this pre&s;ent Parliament &s;tand firm &amp; good according to the Tenor &amp; Purport there|of, and &s;hall be executed accordingly, untill the &s;ame &s;hall be undone and altered by the Lord <HI>Chancellor</HI> of <HI>England,</HI> or Lord <HI>Keeper</HI> of the great Seal of <HI>England,</HI> or the <HI>Chancel|lor</HI> of the county Palatine of <HI>Lanca&s;ter</HI> re&s;pe|ctively
<PB N="5" REF="6">
within their &s;everall Iuri&s;dictions, upon complaint by any party grieved to be made to them.</P>
<P><HI>Provided</HI> always, that neither this Act, nor any thing therein contained, &s;hall in any wi&s;e extend to any Lands, Tenements, Rents, An|nuities, profits, goods, chattells, money or &s;tocks of money, given, limited, a&s;&s;igned or appointed, or which &s;hall be given, limited, appointed or a&s;&s;igned to any <HI>Colledge, Hall,</HI> or hou&s;e of Learning within the Vniver&s;i|ties of <HI>Oxford</HI> or <HI>Cambridge,</HI> or to the <HI>Col|ledges</HI> of <HI>We&s;tmin&s;ter, Eaton,</HI> or <HI>Winche&s;ter,</HI> or any of them, or to any <HI>Cathedrall</HI> or <HI>Col|legiat Church</HI> within this Realm.</P>
<P>And <HI>Provided</HI> al&s;o, That neither this Act nor any thing therein &s;hall extend to any <HI>City</HI> or <HI>Town</HI> corporate, or to any the Lands or Te|nements given to the u&s;es afore&s;aid within a|ny &s;uch <HI>city</HI> or <HI>town</HI> corporate, where there is a &s;peciall Governor or Governors appointed to govern or direct &s;uch Lands, Tenements, or things di&s;po&s;ed to any the u&s;es afore&s;aid, neither to any <HI>Colledge, Ho&s;pitall</HI> or <HI>Free-&s;chool,</HI> which have &s;peciall Vi&s;itors or Go|vernors or Over&s;eers appointed them by their Founders.</P>
<P><HI>Provided</HI> al&s;o, and be it enacted by the Au|thority afore&s;aid, that neither this Act, nor
<PB N="6" REF="7">
any thing therein contained &s;hall be any way prejudiciall or hurtfull to the juri&s;diction of the Ordinary, or power of the Ordinary, but that he may lawfully in every cau&s;e execute and perform the &s;ame, as though this Act had never been had or made.</P>
<P><HI>Provided</HI> al&s;o, and be it enacted, That no per&s;on or per&s;ons, that hath, or &s;hall have any of the &s;aid Lands, Tenements, Rents, An|nuities, Profits, Hereditaments, goods, Chat|tels, Money or Stocks of Money in his hands or po&s;&s;e&s;&s;ion, or doth, or &s;hall pretend Title thereunto, &s;hall be named a Commi&s;&s;ioner or a Iuror for any the cau&s;es afore&s;aid, or being named, &s;hall execute or &s;erve in the &s;ame.</P>
<P>And <HI>Provided</HI> al&s;o, That no per&s;on or per|&s;ons which hath purcha&s;ed or obtained, or &s;hall purcha&s;e or obtain upon valuable con&s;idera|tion of Money or Land, any E&s;tate in, or Intere&s;t, of, in, to, or out of, any Lands, Te|nements, Rents, Annuities, Hereditaments, Goods or Chattels that have been or &s;hall be given, limited or appionted to any of the cha|ritable V&s;es above mentioned, without fraud or covin (having no notice of the &s;ame cha|ritable V&s;es) &s;hall not be impeached by any Decrees or Orders of Commi&s;&s;ioners above mentioned, for, or concerning the &s;ame his E&s;tate or Intere&s;t; And yet neverthele&s;&s;e,
<PB N="7" REF="7">
be it enacted, that the &s;aid Commi&s;&s;ioners, or any four or more of them, &s;hall and may make Decrees and Orders for recompence to be made by any per&s;on or per&s;ons, who being put in tru&s;t, or having notice of the charitable V&s;es above mentioned, hath, or &s;hall break the &s;ame tru&s;t, or defraud the &s;ame V&s;es by any conveyance, gift, grant, lea&s;e, demi&s;e, relea&s;e or conver&s;ion what&s;oever, and again&s;t the Heirs, Executors and Admini&s;trators of him, them, or any of them, having a&s;&s;ets in Law, or equity, &s;o far as the &s;ame a&s;&s;ets will extend.</P>
<P><HI>Provided</HI> always, that this Act &s;hall not ex|tend to give power or authority to any Com|mi&s;&s;ioners before mentioned, to make any Orders, Iudgements or Decrees, for or con|cerning any Mannors, Lands, Tenements, or other Hereditaments a&s;&s;ured, conveyed, granted, or come unto the Queens Maje&s;ty, to the late King <HI>Hen.</HI> the 8. King <HI>Edw.</HI> the 6. or Q. <HI>Mary,</HI> by Act of Parliament, &s;urren|der, exchange, relinqui&s;hment, e&s;cheat, attain|der, conveyance or otherwi&s;e; And yet, ne|verthele&s;&s;e, be it enacted, That if any &s;uch Mannors, Lands, Tenements, or Heredita|ments, or any of them, or any E&s;tate, rent or profit thereof, or out of the &s;ame, or any part thereof, have or hath been given, granted, li|mited, appointed or a&s;&s;igned to, or for any the
<PB N="8" REF="8">
charitable V&s;es before expre&s;&s;ed at any time &s;ince her Maje&s;ties Reign, that then the &s;aid Commi&s;&s;ioners, or any four or more of them, &s;hall and may, as concerning the &s;ame Lands, Tenements, Hereditaments, E&s;tate, Rent or Profit, &s;o given, limited, appointed, or a&s;|&s;igned, proceed to enquire and to make Or|ders, Iudgements and Decrees according to the purport and meaning of this Act as before is mentioned in the la&s;t &s;aid mentioned <HI>Pro|vi&s;o</HI> notwith&s;tanding.</P>
<P><HI>And be</HI> it further enacted, that all Orders, Iudgements and Decrees of the &s;aid Com|mi&s;&s;ioners, or of any four or more of them, &s;hal be certified under the &s;eals of the &s;aid Com|mi&s;&s;ioners, or any four or more of them, ei|ther into the Court of the Chancery of <HI>Eng|land,</HI> or into the Court of the Chancery with|in the County Palatine of <HI>Lanca&s;ter,</HI> as the ca&s;e &s;hall require re&s;pectively, according to their &s;everall juri&s;dictions, within &s;uch con|venient time as &s;hall be limited in the &s;aid Commi&s;&s;ion.</P>
<P>And that the &s;aid Lord Chancellor, or Lord Keeper, and the &s;aid Chancellor of the Dut|chie, &s;hall and may within their &s;aid &s;everall juri&s;dictions, take &s;uch order for the due execu|tion of all or any of the &s;aid Iudgments, Or|ders, Decrees, as to either of them &s;hall &s;eem fit and convenient.</P>
<P><PB N="9" REF="8"><HI>And</HI> that if after any &s;uch certificate or certificates made, any per&s;on or per&s;ons &s;hall find them&s;elves grieved with any of the &s;aid Orders, Iudgments, or Decrees, that then it &s;hall and may be lawfull to and for them, or any of them, to complain in that behalf unto the &s;aid Lord Chancellor, or Lord Keeper, or to the Chancellor of the &s;aid Dutchie of <HI>Lan|ca&s;ter,</HI> according to their &s;everall juri&s;dicti|ons for redre&s;&s;e therein, and that upon &s;uch complaint, the &s;aid Lord Chancellor, or Lord Keeper, or the &s;aid Chancellor of the Dutchie may, according to their &s;aid &s;everall juri&s;di|ctions, by &s;uch cour&s;e as to their wi&s;dome &s;hall &s;eem meete&s;t, the circum&s;tances of the ca&s;e con&s;idered, proceed to the examination, hearing and determining thereof, and upon hearing thereof, &s;hall and may adnull, di|mini&s;h, alter, or enlarge the &s;aid Orders, Iudgements and Decrees of the &s;aid Com|mi&s;&s;ioners, or any four or more of them, as to either of them in their &s;aid &s;everall juri&s;|dictions &s;hall be thought to &s;tand with equity and good con&s;cience, according to the true in|tent and meaning of the Donors and Foun|ders thereof, and &s;hall and may tax and a|ward good co&s;ts of &s;uit by their di&s;cretions again&s;t &s;uch per&s;ons as they &s;hall finde to complain unto them without ju&s;t and &s;uf|ficient
<PB N="10" REF="9">
cau&s;e of the Orders, Iudgements, and Decrees before mentioned.</P>
<DIV2 TYPE="part">
<HEAD>The heads of the Statute of Cha|ritable U&s;es.</HEAD>
<P><HI>BY this Statute, Authority is given to the Lord Chancellor, or Lord Keeper, and to the Chancellor of the Dutchy, re&s;pectively, to grant Commi&s;&s;ions under their &s;everall &s;eales.</HI></P>
<P><HI>Concerning the&s;e Commi&s;&s;ions, the&s;e &s;ix things are to be ob&s;erved.</HI></P>
<LIST>
<ITEM><HI>1.</HI> The number; the Commi&s;&s;ioners mu&s;t be four or more.</ITEM>
<ITEM><HI>2.</HI> The Commi&s;&s;ioners mu&s;t be the Bi&s;hop and Chancellor of the Dioce&s;&s;e, if there be a Bi|&s;hop, and other per&s;ons of good and &s;ound beha|viour.</ITEM>
<ITEM><HI>3.</HI> In that Commi&s;&s;ion any four of them doe &s;uffice to make Orders and Decrees, for therein none is of the Quorum.</ITEM>
<ITEM><HI>4.</HI> None &s;hall be Commi&s;&s;ioners that have any part of the Land, <HI>&amp;c.</HI> or goods or chattels, money or &s;tocks in que&s;tion.</ITEM>
<ITEM><PB N="11" REF="9"><HI>5.</HI> The Commi&s;&s;ion is to limit a certain time within which the Commi&s;&s;ioners are to order, decree, and certifie.</ITEM>
<ITEM><HI>6.</HI> Their Authority is to enquire as well by the Oaths of twelve men or more, as by all other good wayes and means.</ITEM>
</LIST>
<P><HI>Concerning the Jurors or Enque&s;t of en|quiry, the&s;e two things are to be ob&s;erved.</HI></P>
<LIST>
<ITEM><HI>1.</HI> The parties intere&s;&s;ed may have their lawfull challenge and challenges.</ITEM>
<ITEM><HI>2.</HI> None that pretend title to any of the lands, <HI>&amp;c.</HI> goods, chattels, money, or &s;tocks in que&s;tion, &s;hall be a Juror, <HI>&amp;c.</HI></ITEM>
</LIST>
<P><HI>They are to enquire of all and &s;ingular gifts, limitations, and appointments of any Lands, Tenemens, Rents, Annuities, Profits, Hereditaments, Goods, Chattels, Money, Stocks of money for 21 Charitable u&s;es, in re|lieving, maintaining, repairing, educating, preferring, marrying, &s;upporting, aiding, helping, redre&s;&s;ing, and ea&s;ing.</HI></P>
<LIST>
<ITEM><HI>1</HI> For reliefe of aged, and impotent, and poor people.</ITEM>
<ITEM><HI>2</HI> For maintenance of &s;icke and maymed &s;ol|diers.</ITEM>
<ITEM><HI>3</HI> Schools of Learning.</ITEM>
<ITEM><HI>4</HI> Free Schools.</ITEM>
<ITEM><PB N="12" REF="10"><HI>5</HI> Schollars in &V;niver&s;ities.</ITEM>
<ITEM><HI>6</HI> Hou&s;es of Correction.</ITEM>
<ITEM><HI>7</HI> For repaire of Bridges.</ITEM>
<ITEM><HI>8</HI> Of Ports and Havens.</ITEM>
<ITEM><HI>9</HI> Of Caw&s;ies</ITEM>
<ITEM><HI>10</HI> Of Churches.</ITEM>
<ITEM><HI>11</HI> Of Sea bancks.</ITEM>
<ITEM><HI>12</HI> And of High wayes.</ITEM>
<ITEM><HI>13</HI> For education and preferment of Or|phans.</ITEM>
<ITEM><HI>14</HI> For marriage of poor Maids.</ITEM>
<ITEM><HI>15</HI> For &s;upportation and helpe of young Trade&s;men.</ITEM>
<ITEM><HI>16</HI> Of Handicraft&s;men.</ITEM>
<ITEM><HI>17</HI> Of per&s;ons decayed.</ITEM>
<ITEM><HI>18</HI> For Redemption or reliefe of Pri&s;oners or Captives.</ITEM>
<ITEM><HI>19</HI> For ea&s;e and aide of poore Inhabitants concerning payment of fifteens.</ITEM>
<ITEM><HI>20</HI> Setting out of Souldiers.</ITEM>
<ITEM><HI>21</HI> And other Taxes.</ITEM>
</LIST>
<P><HI>And the Com|mi&s;&s;ioners have power to en|quire of the&s;e nine things,</HI>
<LIST>
<ITEM><HI>1</HI> Of abu&s;es.</ITEM>
<ITEM><HI>2</HI> Of breaches of tru&s;t.</ITEM>
<ITEM><HI>3</HI> Of negligences.</ITEM>
<ITEM><HI>4</HI> Of mi&s;imployment.</ITEM>
<ITEM><HI>5</HI> Of not imploying.</ITEM>
<ITEM><HI>6</HI> Of concealing.</ITEM>
<ITEM><HI>7</HI> Of defrauding.</ITEM>
<ITEM><HI>8</HI> Of mi&s;converting</ITEM>
<ITEM><HI>9</HI> Of mi&s;government</ITEM>
</LIST>
<HI>of any lands, tenements, rents, annui|ties, profits, hereditaments goods, chat|tels, money, &s;tocks of mo|ney given to any of the charitable u&s;es afore&s;aid.</HI></P>
<P><PB N="13" REF="10"><HI>But this Act doth not extend to all Lands,</HI> &amp;c. <HI>nor to all Goods and Chattels, money, or &s;tocks of money given to any Charitable u&s;e afore&s;aid, but certaine are exempted in the&s;e eight &s;everal Ca&s;es,</HI> viz.
<LIST>
<ITEM><HI>1</HI> Of the Colledges and Halls in either of the &V;niver&s;ities of <HI>Cambridge</HI> and <HI>Oxford.</HI></ITEM>
<ITEM><HI>2</HI> Of the Colledge of <HI>We&s;tmin&s;ter.</HI></ITEM>
<ITEM><HI>3</HI> Of the Colledge of <HI>Eaton.</HI></ITEM>
<ITEM><HI>4</HI> Of the Colledge of <HI>Winche&s;ter.</HI></ITEM>
<ITEM><HI>5</HI> Of any City or Town corporate where there is a &s;peciall Governour or governours of &s;uch Lands.</ITEM>
<ITEM><HI>6</HI> Of any Colledge, Ho&s;pitall, or Free-&s;chool which have &s;peciall Vi&s;itors or Governors, or Over-&s;eers appointed to them by the Foun|ders.</ITEM>
<ITEM><HI>7</HI> Of Purcha&s;ors having the&s;e three qua|lities;
<LIST>
<ITEM><HI>1</HI> For valuable con&s;ideration of money or land.</ITEM>
<ITEM><HI>2</HI> Without fraud or covin.</ITEM>
<ITEM><HI>3</HI> Having no notice of the &s;ame charita|ble u&s;e.</ITEM>
</LIST></ITEM>
</LIST></P>
<P><HI>But albeit the Commi&s;&s;ioners cannot make a Decree again&s;t any &s;uch purcha&s;ors, yet may
<PB N="14" REF="11">
they make Decrees for recompence to be made by any per&s;on or per&s;ons who being put in tru&s;t, or having notice of the charitable U&s;es above&s;aid, have or &s;hall break the &s;aid tru&s;t or defraud the &s;ame u&s;es by any convey|ance, gift, grant, lea&s;e, relea&s;e or conver&s;ion, and again&s;t his or their Heirs, Executors, Ad|mini&s;trators, having a&s;&s;ets in Law or Equity &s;o far as the &s;ame a&s;&s;ets will extend.</HI></P>
<P N="8"><HI>8.</HI> Of purcha&s;ors of Lands, Tenements, and Hereditaments a&s;&s;ured, conveyed or come to Queen <HI>Elizabeth,</HI> Queen <HI>Mary, Henry 8.</HI> or <HI>Edw. 6</HI> by Act of Parliament, &s;urrender, ex|change, relinqui&s;hment, e&s;cheat, attornment, con|veyance or otherwi&s;e; but if any &s;uch Mannors, Lands, <HI>&amp;c.</HI> have &s;ince the beginning of Queen <HI>Elizabeths</HI> Reign been given, <HI>&amp;c.</HI> to any of the charitable u&s;es before expre&s;&s;ed, then this Act doth extend to the &s;ame.</P>
<P><HI>Concerning the Certificate of the Commi&s;|&s;ioners, the&s;e four things are to be ob&s;erved:</HI>
<LIST>
<ITEM><HI>1.</HI> That they certifie their Order and Decree re&s;pectively, either into the Court of Chancery of <HI>England,</HI> or into the Chancery of the County Palatine of <HI>Lanca&s;ter,</HI> as the ca&s;e &s;hall require.</ITEM>
<ITEM><HI>2.</HI> That it ought to be in Parchment, under the hands and &s;eals of the Commi&s;&s;ioners.</ITEM>
<ITEM><PB N="15" REF="11"><HI>3.</HI> It mu&s;t be within the time limited in the Commi&s;&s;ion.</ITEM>
<ITEM><HI>4.</HI> That the Lord Chancellor or Lord Keeper, and the &s;aid Chancellor of the Dutchie &s;hall and may within their &s;everll juri&s;dictions, take &s;uch order for the due execution of all or any of the &s;aid Judgements, Decrees, and Orders &s;o certified, as to either of them &s;hall &s;eem fit and convenient.</ITEM>
</LIST></P>
<P>In the Remedie for the parties grieved with &s;uch Decrees &s;o certified, the&s;e five things are to be con&s;idered.</P>
<LIST>
<ITEM><HI>1.</HI> That he complain to the Lord Chancellor or Lord Keeper, or to the Chancellor of the Dutchie, according to their &s;everall juri&s;dicti|ons for redre&s;&s;e thereof; And this Complaint is to be by Bill.</ITEM>
<ITEM><HI>2.</HI> &V;pon &s;uch complaint, fir&s;t they &s;hall re|&s;pectively by &s;uch cour&s;e as to their wi&s;domes &s;hall &s;eem meete&s;t, the circum&s;tances of the ca&s;e con&s;idered, proceed to the hearing, examination, and determining thereof; and upon hearing there|of, &s;hall or may adnull the whole, dimini&s;h part, or enlarge (that is, confirm the former, and enlarge the &s;ame by adding &s;omething there|unto) the Judgements and Decrees &s;o cer|tified.</ITEM>
<ITEM><PB N="16" REF="12"><HI>3.</HI> As &s;hall be thought to &s;tand with equi|tie and good con&s;cience.</ITEM>
<ITEM><HI>4.</HI> According to the true intent and meaning of the Donors and Founders thereof; and this is <HI>lapis ductitius,</HI> whereby the Commi&s;&s;ioners and Chancellors mu&s;t &s;teer their cour&s;e.</ITEM>
<ITEM><HI>5.</HI> And &s;hall and may tax and award good co&s;ts of &s;uit by their di&s;cretion re&s;pectively, again&s;t &s;uch per&s;ons as &s;hall complain to them re&s;pectively, without ju&s;t and &s;ufficient cau&s;e of the Orders, Judgements and Decrees before mentioned: But this Order being given and li|mited by an Act of Parliament, no co&s;ts (if the Order, Judgement, or Decree be adnulled, di|mini&s;hed, or enlarged) ought to be given to the partie complaining.</ITEM>
</LIST>
</DIV2>
<DIV2 TYPE="part">
<PB N="17" REF="12">
<HEAD>Proceedings upon the Statute of charitable U&s;es.</HEAD>
<ARGUMENT>
<P>A Warrant to call the Parties intere&s;&s;ed in the Goods or Lands mi&s;imployed, to appear before the Commi&s;&s;ioners.</P>
</ARGUMENT>
<DIV3 TYPE="section">
<P><NOTE PLACE="marg">E&s;&s;ex. &s;&s;.</NOTE>WHereas by a Commi&s;&s;ion un|der the Great Seal of <HI>Eng|land,</HI> bearing date at <HI>We&s;tmin&s;ter</HI> the 21 day of <HI>July,</HI> 1659. We who&s;e names are hereun|der written, for the due execution of a certain Statute, made in the fourty third year of the Reign of the late Queen <HI>Elizabeth,</HI> Entituled, <HI>An Act to redre&s;&s;e the mi&s;imployment of Lands, Goods, and Stocks of Money heretofore given to charitable &V;&s;es,</HI> are (among others) autho|rized and impowered to make &s;uch enquiring, Orders, Judgements and Decrees, touching the Premi&s;&s;es, as in the &s;aid Statute and Commi&s;|&s;ion are mentioned. And whereas complaint hath been made unto us by divers of the Inha|bitants of <HI>C.</HI> in the County of <HI>E.</HI> That the rents, i&s;&s;ues and profits of certain Me&s;&s;u|ages and Lands in great <HI>Che&s;terford</HI> in the &s;aid
<PB N="18" REF="13">
County heretofore given and appointed by one <HI>T. H.</HI> decea&s;ed, for the aid of the Inha|bitants of <HI>C.</HI> afore&s;aid, touching the payment of Fifteens, reliefe of the poor, and mainte|nance of the Highways, and other charitable U&s;es, there have been mi&s;governed, mi&s;em|ployed &amp; mi&s;converted by you, of which they de&s;ire that enquirie and redre&s;&s;e may be made. Now, according to the directions of the &s;aid Statute and Commi&s;&s;ion, we do hereby give you notice of the &s;aid complaint, and al&s;o that we do intend to meet for the execution of the &s;aid Statute and Commi&s;&s;ion, and to make enquirie of and touching the matters com|plained of as afore&s;aid, on the twentieth day of <HI>July,</HI> at the hou&s;e of <HI>T. W.</HI> in <HI>G.</HI> in the &s;aid County of <HI>E.</HI> at which time and place, we do de&s;ire you to be pre&s;ent to make your defence therein, if you &s;hall think it expedi|ent. So fare you well,</P>
<CLOSER><SIGNED>Your loving friends,
<LIST>
<ITEM><HI>A. B.</HI></ITEM>
<ITEM><HI>C. D.</HI></ITEM>
<ITEM><HI>E. F.</HI></ITEM>
<ITEM><HI>G. H.</HI></ITEM>
</LIST></SIGNED></CLOSER>
</DIV3>
<DIV3 TYPE="section">
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="commission">
<PB N="19" REF="13">
<HEAD>To the Sheriff of the County of <HI>E.</HI></HEAD>
<P><NOTE PLACE="marg">E&s;&s;ex.</NOTE>BY vertue of a Commi&s;&s;ion under the Great Seal of <HI>England,</HI> bear|ing date at <HI>We&s;tmin&s;ter</HI> the 6 day of <HI>May</HI> in|&s;tant, to us (who&s;e names are hereunder writ|ten) and others directed, for the due executi|on of a Statute, made the three and fourtieth year of the Reign of the late Queen <HI>Elizabeth,</HI> entituled, <HI>An Act to redre&s;&s;e the mi&s;imploy|ment of Lands, Goods, and Stocks of money</HI> heretofore given to charitable U&s;es. We do will end require you, That you cau&s;e to come before us, and others the &s;aid Commi&s;&s;ioners, or any four of us, at the hou&s;e of <HI>A. B.</HI> called or known by the <HI>Name</HI> or <HI>Sign</HI> of the <HI>Crown</HI> in <HI>B.</HI> in the County afore&s;aid, on the 10 day of <HI>June</HI> now next en&s;uing, by nine of the clock in the morning of the &s;ame day, twenty four hone&s;t and lawful men of your &s;aid County, to enquire upon their oaths according to the te|nor of the &s;aid Commi&s;&s;ion, what Lands, Tene|ments, rents, annuities, profits. Hereditaments, Goods, Chattels, Moneys and Stocks of Mony, have at any time heretofore been given, limi|ted, appointed, or a&s;&s;igned for any the cha|ritable U&s;es in the &s;aid Statute and Commi&s;|&s;ion
<PB N="20" REF="14">
mentioned, and that have been mi&s;im|ployed, mi&s;converted, or mi&s;governed, and of other the matters and things in the &s;aid Commi&s;&s;ion mentioned in that behalf, and hereof you are not to fail.</P>
<CLOSER><DATELINE>Given under our Hands and Seals <DATE>the 22 day of <HI>May,</HI> in the year of our Lord, 1658.</DATE></DATELINE></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P><LIST>
<ITEM><HI>When four or more of the Commi&s;&s;ioners are mett, then read the Commi&s;&s;ion.</HI></ITEM>
<ITEM><HI>Then call the Sheriff to return his Precept.</HI></ITEM>
<ITEM><HI>Then call the Jury.</HI></ITEM>
<ITEM><HI>When the Jury are full, then call the parties Defendants, that they may take their chal|lenges to the Jury.</HI></ITEM>
<ITEM><HI>Then &s;wear the Foreman as followeth:</HI>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="jury oath">
<HEAD>The Oath to the Foreman of the Jury.</HEAD>
<P>YOu &s;hall diligently enquire what Lands, Tenements, Rents, Annuities, Profits, Hereditaments, Goods, Chattels, Money, and Stocks of Money, have been heretofore given, li|mited, appointed, or a&s;&s;igned, as well by any King or Queen of <HI>England,</HI> as any other well di|&s;po&s;ed per&s;on or per&s;ons for relief of aged, im|potent and poor people, maintenance of &s;ick and maimed Soldiers, Mariners, Schools of Learn|ing,
<PB N="21" REF="14">
Free Schools, and Schollars of &V;niver&s;ities, repair of Bridges, Ports, Havens, Caw&s;ies, Churches, Sea-banks, and Highways, education and preferment of Orphans, marriage of poor maids, &s;upportation &amp; help of young Trade&s;men, Handicraftsmen, &amp; per&s;ons decayed, redemption or relief of pri&s;oners, and captives, ea&s;e and aid of poor Inhabitants concerning payment of Fif|teens, &s;etting out of Soldiers, and other taxes; and of the abu&s;es, breaches of tru&s;t, negligen|ces, mi&s;imployment, not imploying, concealing, defrauding, mi&s;converting, and mi&s;government of the &s;ame Lands, Tenements, Stocks of money, and other things, given to any the charitable &V;&s;es afore&s;aid: And thereof you &s;hall make a true pre&s;entment according to your evidence, and the be&s;t of your knowledge, So God help you.</P>
</DIV1>
</BODY>
</TEXT></Q></ITEM>
</LIST></P>
<P>It is convenient to have the Inqui&s;ition rea|dy drawn in Paper, e&s;pecially as to Wills and Deeds, and the breaches of Tru&s;t, <HI>&amp;c.</HI> and mat|ters of Fact, that &s;o the Jury having a draught ready, may with ea&s;e amend, and make it rea|dy to be engro&s;&s;ed, and &s;o &s;ave the Jury the trouble of another meeting.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<PB N="22" REF="15">
<HEAD>Inqui&s;itions.</HEAD>
<DIV3 TYPE="section">
<P><NOTE PLACE="marg">E&s;&s;ex &s;&s;.</NOTE>AN Inqui&s;ition indented, taken at <HI>L.</HI> in the County afore&s;aid, the four and twentieth day of <HI>M.</HI> in the year of our Lord 1658. before <HI>W. C. R. S.</HI> &amp;c. by vertue of a Commi&s;&s;ion under the Great Seal of <HI>England,</HI> to them and others directed, for the due executing of a Statute made in the High Court of Parliament, holden the 27 day of <HI>October,</HI> in the three and fortieth year of the Reign of the late Queen, intituled, <HI>An Act to redre&s;&s;e the mi&s;imployment of Lands, Goods, and Stocks of Money heretofore given to chari|table &V;&s;es,</HI> By the oaths of, <HI>&amp;c.</HI> hone&s;t and lawfull men of the County afore&s;aid, who be|ing duly returned, impannelled and &s;worn ac|cording to the &s;aid Statute and Commi&s;&s;ion, &s;ay upon their oath, That <HI>M G.</HI> late of <HI>W.</HI> in the County of <HI>E.</HI> Widow decea&s;ed, long before her death, did hold to her and her Heirs of the then Lady of the Mannor of <HI>W.</HI> in the &s;aid County of <HI>E.</HI> by Copy of Court-Roll ac|cording to the cu&s;tom of the &s;aid Mannor, all that Me&s;&s;uage with the Appurtenances, &s;citu|ate and lying at <HI>P.</HI> of the yearly value of, <HI>&amp;c.</HI>
<PB N="23" REF="15">
above all charges and reprizes. And the Ju|rors afore&s;aid do further &s;ay upon their oath, That the &s;aid Tenement and Premi&s;es were di|vers years in the life time of the &s;aid <HI>M. G.</HI> held and enjoyed by <HI>D. B.</HI> late of <HI>S.</HI> decea&s;ed, and that the &s;aid <HI>M. G.</HI> did in her life time, and long before her death, a&s;&s;igne, limit, and appoint, that thirty &s;hillings of the rent of the &s;aid Tenement and Premi&s;es, &s;hould be yearly imployed and be&s;towed, in and for the reliefe of the poor people, for the time, and from time to time, being in <HI>W.</HI> afore&s;aid, for ever, and that the &s;umm of thirty &s;hillings <HI>per ann.</HI> was yearly for divers years together in the life time of the &s;aid <HI>M. G.</HI> and by her di|rection, gift and appointment, paid to the Churchwardens of the &s;aid Pari&s;h for the re|lief of the poor there. And the Jurors afore|&s;aid do further &s;ay upon their oath, That the &s;aid <HI>M. G.</HI> to the intent the &s;aid yearly &s;umm of thirty &s;hillings might be the better &s;ecured to be paid unto the poor of the &s;aid Pari&s;h of <HI>W.</HI> in her life time <HI>(to wit)</HI> the, <HI>&amp;c.</HI> did &s;ur|render the &s;ame Tenement and Premi&s;&s;es, ac|cording to the cu&s;tom of the &s;aid Mannor, into the hands of the then Lady of the &s;aid Man|nor, to the u&s;e of &s;uch per&s;on and per&s;ons, and to the u&s;e and intent of the Te&s;tament or la&s;t Will of the &s;aid <HI>M. G.</HI> as by the Copy of the
<PB N="24" REF="16">
Court-Roll of the &s;ame Mannor to the Ju|rors afore&s;aid in evidence now &s;hewed, it doth and may appear. And the Jurors afore|&s;aid do further &s;ay upon their oath, that the &s;aid <HI>M. G.</HI> after the making of the &s;aid &s;urrender, did declare her Will, minde, and de&s;ire, to be, and did a&s;&s;ign, limit and appoint, That thirty &s;hillings out of the &s;aid Rents, I&s;&s;ues and Profits of the &s;aid Tenement and Premi&s;&s;es, &s;hould yearly, and every year for ever then after, be paid to the Churchwardens of the Pari&s;h of <HI>W.</HI> afore|&s;aid for the time, and from time to time, being for and towards the relief of the poor people of the Pari&s;h of <HI>W.</HI> afore&s;aid. And the Jurors afore&s;aid do further &s;ay upon their oath, That the &s;aid <HI>M. G.</HI> on, or about the day of, <HI>&amp;c.</HI> died, and that the &s;aid <HI>D. B.</HI> having notice of the charitable Devi&s;e, A&s;&s;ignment, and appointment of the &s;aid <HI>M. G.</HI> afore&s;aid, to and for the pious u&s;e afore&s;aid, did for &s;ome years after the death of the &s;aid <HI>M. G.</HI> hold and enjoy the &s;aid Tenement and Premi&s;&s;es, and did pay the &s;ame thirty &s;hillings yearly to the Church|wardens of the &s;aid Pari&s;h, for the relief of the poor of <HI>W.</HI> afore&s;aid accordingly. And the Jurors afore&s;aid do further &s;ay upon their oath, That &s;ince the death of the
<PB N="25" REF="16">
&s;aid <HI>M. G.</HI> the &s;aid <HI>D. B.</HI> during his life, and from and after his death, <HI>R. B.</HI> Son of the &s;aid <HI>D. B.</HI> have held and enjoyed the &s;aid Tenement and Premi&s;es, and received, and hath taken the Rents and Profits there|of, as owners of the &s;ame Premi&s;&s;es, by ver|tue, as they affirm, of &s;ome &s;urrender, or other a&s;&s;urance thereof made by <HI>J. G.</HI> de|cea&s;ed, who was Son and Heir of <HI>M. G.</HI> And that the &s;aid <HI>R. B.</HI> and &mdash; <HI>B.</HI> have for the &s;pace of the&s;e eight years, now la&s;t pa&s;t, detained the &s;aid Gift of thirty &s;hil|lings from the &s;aid charitable U&s;e, to and for which the &s;ame was Devi&s;ed, a&s;&s;igned, and limited, as afore&s;aid. And that at the Fea&s;t of, <HI>&amp;c.</HI> there was, and yet is the &s;umm of, <HI>&amp;c.</HI> of the &s;aid yearly payment of thirty &s;hil|lings <HI>per ann.</HI> &s;o Devi&s;ed, limited, a&s;&s;igned and appoined by the &s;aid <HI>M G.</HI> to and for the charitable u&s;e, intent, and purpo&s;e afore|&s;aid, behind, arrear and unpaid. In witne&s;s, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="section">
<PB N="27" REF="17">
<P><NOTE PLACE="marg">E&s;&s;ex &s;&s;.</NOTE>AN <HI>Inqui&s;ition</HI> indented, taken at the <HI>S.</HI> at <HI>B.</HI> in the &s;aid Coun|ty, the day of <HI>&amp;c.</HI> before <HI>J. W. W. E. &amp;c.</HI> Gent. by vertue of a Commi&s;&s;ion under the Great Seal of <HI>England,</HI> bearing date, <HI>&amp;c.</HI> to them and divers other per&s;ons directed, for the due execution of a Statute made in the High Court of Parliament, holden the 27 day of <HI>October,</HI> in the three and fortieth year of the Reign of the late Queen <HI>Elizabeth,</HI> intituled, <HI>An Act to redre&s;&s;e the mi&s;imploy|ment of Lands, Goods, and Stocks of Money heretofore given to charitable u&s;es,</HI> by the oaths of <HI>J. F. R. L.</HI> &amp;c. hone&s;t and lawfull men of the &s;aid County, who being duly returned, impannelled and &s;worn according to the &s;aid Statute and Commi&s;&s;ion, do &s;ay upon their oaths, That one <HI>M. B.</HI> on, or about the day of, <HI>&amp;c.</HI> was &s;eized in his Deme&s;ne as of Fee, of and in one Me&s;&s;uage, <HI>&amp;c.</HI> And that the &s;aid <HI>M. B.</HI> being &s;o &s;eized of the &s;aid Me&s;&s;uages and Premi&s;&s;es afore&s;aid, he the &s;aid <HI>M. B.</HI> made his la&s;t Will and Te&s;tament in Writing, bearing date the day of, <HI>&amp;c.</HI> and by the &s;ame his &s;aid Will, did among&s;t other things, give, demi&s;e, and bequeath the &s;aid Me&s;&s;uages called <HI>C.</HI> to <HI>A.</HI> his wife, during
<PB N="26" REF="17">
her life, and after her decea&s;e, to the Church of <HI>T.</HI> afore&s;aid, in the&s;e words following: <HI>Item, I give,</HI> &amp;c. And the Jurors afore&s;aid do further &s;ay upon their oaths, That one <HI>T. K.</HI> on, or about the day of, <HI>&amp;c.</HI> did enter into the &s;aid Me&s;&s;uages and Premi&s;&s;es called <HI>C.</HI> and by him&s;elf and his under Tenants, po&s;|&s;e&s;&s;ed and enjoyed the &s;ame, and took and re|ceived the rents and profits thereof during his life, paying onely &s;even Nobles <HI>per ann</HI> out of the rents and profits of the &s;ame to the Churchwardens and Pari&s;h of <HI>T.</HI> to and for the charitable U&s;e afore&s;aid: And the Jurors afore&s;aid do further &s;ay upon their oaths, That after the death of the &s;aid <HI>T. K. E. K.</HI> Son of the &s;aid <HI>T. K.</HI> now al&s;o decea&s;ed, en|tred into the &s;aid Me&s;&s;uages and Premi&s;&s;es, and by him&s;elf and his under tenants, did take and receive the rents and profits thereof du|ring his life, and continued the payment of the &s;aid &s;even Nobles <HI>per ann.</HI> for the &s;ame to the &s;aid Church, untill about twelve years la&s;t pa&s;t, at which time the &s;aid <HI>E. K.</HI> did refu&s;e to continue the payment of the &s;aid &s;even Nobles <HI>per ann.</HI> any longer. And the Jurors afore&s;aid do further &s;ay upon their oaths, that the &s;aid Me&s;&s;uages, &s;o as afore|&s;aid divi&s;ed, was divers years &s;ince made, di|vided, and converted into &s;everall Tenements.
<PB N="28" REF="18">
And that the &s;aid Ma&s;&s;uage or Tenement, cal|led <HI>C.</HI> and now commonly called by the name of the <HI>Church-Hou&s;e,</HI> is now, and for divers years la&s;t pa&s;t, hath been in the po&s;&s;e&s;&s;ion of <HI>E. C.</HI> And that the &s;aid Hou&s;es, Tenements and Cottages in <HI>T.</HI> afore&s;aid, now in the Tenure or Occupation of <HI>E. P.</HI> Widow, were formerly out-hou&s;es, belonging to, and parcell of the &s;aid Me&s;&s;uage and Premi&s;&s;es with the Appurtenances, called <HI>C. alias</HI> the <HI>Church-Hou&s;e.</HI> And the &s;aid Jurors do fur|ther &s;ay upon their oaths, That the &s;aid Me&s;&s;uage or Tenement, Hou&s;es and Pre|mi&s;&s;es, now are, and for the&s;e &s;ix years la&s;t pa&s;t, have been of the clear yearly va|lue of, <HI>&amp;c.</HI> above the moneys payable out of the Rents and Profits thereof, to and for the &s;uper&s;titious u&s;es above mentioned, and all other charges and reprizes. And the Jurors afore&s;aid, do further &s;ay upon their oaths, That &s;ithence the death of the &s;aid <HI>E. K.</HI> which happened about two years &s;ince, the rents of the Me&s;&s;uage, Te|ment, and other the Premi&s;&s;es, have been claimed by <HI>T. K.</HI> Son and Heir of <HI>E. K.</HI> as belonging to him as Son and Heir to his &s;aid Father, and that the &s;aid Me&s;&s;uage, Tenement and Premi&s;&s;es have been enjoy|ed and di&s;po&s;ed of by him the &s;aid <HI>T. K.</HI>
<PB N="29" REF="18">
and his under Tenants, and the I&s;&s;ues, Rents and Profits growing and ari&s;ing out of the &s;ame for the&s;e two years la&s;t pa&s;t, have been received and enjoyed by the &s;aid <HI>T. K.</HI> and by him converted to his own particular u&s;e and benefit. In wit|ne&s;&s;e whereof, to one part of this pre&s;ent <HI>Inqui&s;ition</HI> delivered by the &s;aid Jurors to the &s;aid Commi&s;&s;ioners, and by them to be returned into the high Court of Chan|cery, as well the &s;aid Commi&s;&s;ioners as the &s;aid Jurors have &s;et their Hands and Seals. And the other part thereof remaining with the Fore-man of the &s;aid Jurors, the &s;aid Commi&s;&s;ioners have &s;et their Hands and Seals the day and year fir&s;t above written.</P>
</DIV3>
<DIV3 TYPE="section">
<P><NOTE PLACE="marg">Devon. &s;&s;.</NOTE>AN Inqui&s;ition, <HI>&amp;c.</HI> By the oaths of, <HI>&amp;c.</HI> who being duly returned, impannelled and &s;worn according to the &s;aid Statute and Commi&s;&s;ion, &s;ay upon their oath, That on or about the tenth day of <HI>J.</HI> in the twentieth year of the Reign of <HI>Henry</HI> the eighth late King of <HI>England J. C. R. A. J. C. T. B. W. C. W. S. T. T,</HI> and <HI>T. W.</HI> as
<PB N="30" REF="19">
Feoffees in Tru&s;t for one <HI>J. B.</HI> &s;ometimes of <HI>E.</HI> in the &s;aid County Yeoman decea&s;ed, &s;tood joyntly &s;ei&s;e of and in their Deme&s;ne as of Fee in one Me&s;&s;uage, with the Appurtenances, &s;ci|tuate and being in <HI>G.</HI> in the County afore&s;aid, <HI>&amp;c.</HI> And that the &s;aid <HI>J C. R. A.</HI> and other the afore&s;aid Feoffees, being &s;o of the &s;aid Me&s;&s;u|age, Lands and Premi&s;&s;es &s;ei&s;ed in Tru&s;t, as afore&s;aid, the &s;aid <HI>J. B.</HI> made his la&s;t Will and Te&s;tament in Writing, bearing date the &s;ix|teenth day of <HI>A.</HI> in the &s;aid twentieth year of the Reign of the &s;aid late King <HI>H.</HI> 8. and by the &s;ame did will, declare and appoint, that they the &s;aid <HI>J. C. R. A.</HI> and other his Tru&s;tees afore&s;aid, their Heirs and A&s;&s;ignes, and all &s;uch other per&s;on and per&s;ons as &s;hould &s;tand &s;ei&s;ed of the &s;aid Me&s;&s;uage, Lands and Pre|mi&s;&s;es, with the Appurtenances, from time to time, of the i&s;&s;ues and profits coming and growing of the &s;aid Tenement and Lands, &s;hould &s;ufficiently repair, new build, and main|tain the Hou&s;es, Edifices and Buildings of the &s;aid Tenement, as often, and when as need &s;hould be for evermore. And further, that the &s;aid Feoffees, of the i&s;&s;ues and profits com|ing of the &s;aid Tenement, Lands and other the Premi&s;&s;es with the Appurtenance, &s;hould do, keep and find on the day of the Moneth, that the &s;aid <HI>J. B.</HI> decea&s;ed, or
<PB N="31" REF="19">
within &s;ix days before, or within &s;ix days after, an yearly <HI>obit</HI> or <HI>anniver&s;ary</HI> within the afore|&s;aid Pari&s;h Church of <HI>E.</HI> for the Souls of the &s;aid <HI>J. B.</HI> the Souls of his father and mother, his wife and children, and all Chri&s;tian &s;ouls, and that the Feoffees or their A&s;&s;ignes, &s;hould expend yearly at every <HI>Obit</HI> &s;o kept, and for his Name to be had in the Bedroll, 6 <ABBR><HI>s</HI></ABBR> 8 <ABBR><HI>d</HI></ABBR> And that all other i&s;&s;ues and profits coming and growing of the &s;aid Tenement, Lands, and other the Premi&s;&s;es, with the Appurtenances over and above the &s;aid Edifices, and reparati|ons, and the &s;aid 6 <ABBR><HI>s</HI></ABBR> 8 <ABBR><HI>d</HI></ABBR> for the &s;aid <HI>Obit</HI> and <HI>Bedroll</HI> &s;hould be expended, di&s;tributed, and laid out in making and mending of the Highways between <HI>H.</HI> in the &s;aid County, and the City of <HI>L.</HI> and in other deeds of Piety and Charity by the di&s;cretion of two of the &s;aid Feoffees. Provided always, that the pro|fits of all Woods and Wood-&s;ale that &s;hould come and grow of the Grove called <HI>R.</HI> &s;hould be di&s;tributed, one time to the u&s;e of the afore|&s;aid Pari&s;h Church of <HI>E.</HI> and at another time to the u&s;e of the Pari&s;h Church of <HI>T. G.</HI> afore|&s;aid, the profits of the fir&s;t Wood-&s;ale to the u&s;e of the Pari&s;h Church of <HI>E.</HI> And further, that two Per&s;ons being Feoffees, of, and in the &s;aid Tenement, and Lands, and other the Pre|mi&s;es, with the appurtenances, &s;hould take and
<PB N="32" REF="20">
levie to the u&s;es afore&s;aid, all the i&s;&s;ues and profits of the &s;ame, and to di&s;tribute and di&s;|po&s;e them in manner and form as the &s;aid <HI>J. B.</HI> hath before willed and declared: Pro|vided always, that no per&s;on which &s;hould have the levying and gathering of the &s;ame i&s;&s;ues and profits of the &s;aid Tenements, Lands and other the Premi&s;&s;es, with the Appurtenan|ces &s;hould levie and gather them over and above one whole year together, but that yearly an Election to be made of two per&s;ons of the &s;aid Feoffees to be Renters and Ga|therers of the &s;aid i&s;&s;ues and profits, to the u&s;e and intent before expre&s;&s;ed; And that the &s;aid per&s;ons &s;o elected and named Renters and Gatherers &s;hould yearly give up their ac|compt before the re&s;idue of the &s;aid Feoffees which &s;hall &s;tand &s;ei&s;ed of, and in the &s;aid Tenement, Lands, and other the Premi&s;&s;es, with the Appurtenances, or before the mo&s;t part of them, on the day of Saint <HI>J.</HI> in Chri&s;tmas week, and that every per&s;on &s;o le|vying and gathering the &s;aid i&s;&s;ues of the &s;aid Tenement and Lands, &s;hall have for their la|bour and bu&s;ine&s;&s;e in that behalf, 12 <ABBR><HI>d</HI></ABBR> And that &s;uch per&s;ons as were &s;ei&s;ed and infeoffed at the making and declaring of his &s;aid Te&s;ta|ment and la&s;t Will, of &amp; in the &s;aid Tenement, Lands, and other the Premi&s;es, with the Ap|purtenances,
<PB N="33" REF="20">
&s;hould make an E&s;tate and Feoff|ment of and in the &s;ame unto twenty four ho|ne&s;t per&s;ons, dwelling and inhabiting within the afore&s;aid Pari&s;hes of <HI>E.</HI> and <HI>T. G.</HI> And that the &s;aid twenty per&s;ons, and their heires &s;hould &s;tand &s;ei&s;ed and enfeoffed of and in the &s;aid Tenement, Lands, and other the pre|mi&s;es, with the appurtenances, to the u&s;e and performance of the &s;aid Te&s;tament and la&s;t Will of the afore&s;aid <HI>I. B.</HI> And at &s;uch time and when it &s;hould fortune the &s;aid twenty four per&s;ons to decea&s;e or void the &s;aid Pa|ri&s;hes to the number of eight per&s;ons &s;o that there were not liveing and inha|biting within the &s;aid two Pari&s;hes of the &s;aid Feoffees over and above eight per&s;ons, That then the &s;aid eight per&s;ons &s;o &s;urviving and inhabiting, &s;hould make an E&s;tate and Feofment of the &s;aid Tenement, Lands, and other the premi&s;es with the appurtenances, unto twenty four hone&s;t per&s;ons, dwelling and inhabiting within the &s;aid Pari&s;hes, To have and to hold the &s;aid Tenement, Lands, and other the Premi&s;es, with the appurtenan|ces, unto the &s;aid twenty four, and to their heires, to the u&s;e and performance of the &s;aid Te&s;tament and la&s;t Will of the afore&s;aid <HI>I. B.</HI> And as often as it &s;hall happen the &s;aid Feof|fees, to come to the number of eight, in form
<PB N="34" REF="21">
afore&s;aid, The &s;ame eight per&s;ons &s;o often to make an E&s;tate and Refeoffment of the &s;aid Tenement, Lands, and other the Pre|mi&s;es with the Appurtenances, to twenty four hone&s;t per&s;ons of the &s;aid Pari&s;hes, and &s;o from time to time, as often as any &s;uch ca&s;e &s;hall happen or fall for evermore, as by a certain Indenture bearing date the 29. day of <HI>D.</HI> in the year of our Lord God 1518. and in the &s;aid tenth year of the Reign of King <HI>H.</HI> the eighth, now &s;hewed forth in evi|dence to the &s;aid Jurors, by the pre&s;ent Feoffees of the &s;aid Tenement and Premi&s;es more at large it doth and may appear. And the &s;aid Jurors do further &s;ay upon their oathes, that the &s;aid <HI>I. C. R. A.</HI> and others the Tru&s;tees afore&s;aid, being &s;o &s;ei&s;ed of the &s;aid Tenement, Land, and Premi&s;es, in Tru&s;t as afore&s;aid, They the &s;aid <HI>I. C. R. A.</HI> and others the Tru&s;tees afore&s;aid, did by a cer|tain Deed or Writing, bearing date on or a|bout the &s;aid twentieth day of <HI>D.</HI> in the &s;aid tenth year of the Reign of the &s;aid <HI>King H.</HI> the eighth, convey the &s;aid Tenement, Lands, and Premi&s;es, with the Appurtenances, unto <HI>I. A</HI> of <HI>E.</HI> afore&s;aid Mercer, and <HI>I. W.</HI> of the &s;ame Yeoman, their Heires and A&s;&s;ignes, to fulfil the Will of the &s;aid <HI>I. B.</HI> And that they the &s;aid <HI>I. A</HI> and <HI>I. W.</HI> being of &s;aid Tenement, Lands, and Premi&s;es, with the Ap|purtenances
<PB N="35" REF="21">
&s;ei&s;ed. They the &s;aid <HI>I. A.</HI> and <HI>I. W.</HI> did by their Deed of Feoffment executed by Livery and Sei&s;in, bearing date the &s;aid 29. day of <HI>D.</HI> in the &s;aid tenth year of the Reign of the &s;aid <HI>King H.</HI> the eighth, convey the &s;aid Tenement, Lands and Premi&s;es, with the Appurtenances unto <HI>R. A.</HI> of <HI>T. G.</HI> afore|&s;aid <HI>R. A.</HI> and <HI>W. A.</HI> &s;ons of the &s;aid <HI>R. W. A.</HI> the elder; <HI>F. A.</HI> &s;on of the &s;aid <HI>W. A.</HI> the elder <HI>T. T.</HI> alias <HI>T. R. I. T.</HI> &s;on of the &s;aid <HI>T. T. H. A.</HI> &s;on of the &s;aid <HI>I. A. H. B. R. B.</HI> &s;on of the &s;aid <HI>H. B. W. N.</HI> the younger, <HI>I. P. W. P.</HI> &s;ons of <HI>R. P. R. P.</HI> the younger <HI>T. M.</HI> the elder of <HI>T. G.</HI> afore&s;aid, <HI>T. T.</HI> &s;on of <HI>H. T. W. C. W. S. W. A.</HI> &s;on of <HI>I. A. W. S. I. S.</HI> &s;on of the &s;aid <HI>W. S. T. S. I. S.</HI> &s;on of the &s;aid <HI>T. S. I. W.</HI> &s;on of <HI>R. W. I. B.</HI> the elder, <HI>H. H.</HI> the younger, and <HI>S.</HI> &s;on of <HI>W. S. W. B.</HI> &s;on of <HI>B. B.</HI> and <HI>I. P.</HI> of <HI>E.</HI> afore&s;aid, as by the &s;aid la&s;t recited Deed of Feoffment, now al&s;o &s;hewed forth in evidence to the &s;aid Jurors, by the &s;aid now pre&s;ent Feoffees of the &s;aid premi&s;es may appear; And the &s;aid Jurors do further &s;ay upon their oathes, That about <HI>N.</HI> in the &s;ixth year of the Reign of the late Queen <HI>Eliz. H. A.</HI> and <HI>R. A.</HI> &s;ons of <HI>W, A.</HI> decea&s;ed; <HI>I. R.</HI> and <HI>I. R.</HI> &s;on of the &s;aid <HI>I. F. A.</HI> and <HI>R. A.</HI> &s;on of the &s;aid <HI>F. S. A.</HI> &s;on of <HI>H. A.</HI> decea&s;ed <HI>I. W.</HI> &s;on of <HI>I. W.</HI>
<PB N="36" REF="22">
decea&s;ed, <HI>I. A.</HI> &s;on of <HI>I. A.</HI> of <HI>B.</HI> decea&s;ed, <HI>W. C.</HI> &s;on of <HI>W. C.</HI> of <HI>T. G.</HI> afore&s;aid <HI>W. A.</HI> and <HI>I. A.</HI> and <HI>I. A.</HI> &s;on of the &s;aid <HI>W. S. A.</HI> and <HI>T. A.</HI> &s;ons of the &s;aid <HI>H. A.</HI> decea&s;ed, <HI>I. S.</HI> and <HI>A. S.</HI> &s;on of the &s;aid <HI>I. S.</HI> &s;on of <HI>T. S.</HI> decea&s;ed, and <HI>S.</HI> &s;on of <HI>T. S. I. S.</HI> &s;on of <HI>E. S.</HI> decea&s;ed, and <HI>I. B.</HI> the Elder of <HI>E.</HI> afore&s;aid, being then Feoffees of the &s;aid Tenement, Lands, and Premi&s;es, with the Appurtenances, they the &s;aid la&s;t mentioned Feoffees, did then ex|change with one <HI>F. L.</HI> a certain parcel of mea|dow called <HI>C.</HI> parcel of the &s;aid Lands, be|fore mentioned, containing by e&s;timation two Acres and a half, or thereabouts, for two A|cres and a half of Land called <HI>A.</HI> lying among&s;t other Lands, that were the &s;aid <HI>B.</HI> the which two Acres and a half of Lands &s;o taken and exchanged by the &s;aid Feoffees from the &s;aid <HI>F. L.</HI> the &s;aid Feoffees and their A&s;&s;ignes have quietly enjoyed ever &s;ince, but whether the &s;aid Lands taken in exchange be of equal yearly value with the meadow given in ex|change, by the &s;aid Feoffees, to the &s;aid <HI>F. L.</HI> the &s;aid Jurors know not: And the &s;aid Jurors do further &s;ay upon their oathes, That the &s;aid Tenement, Lands, and Premi&s;es, with the Appurtenances that were the &s;aid <HI>I. B.</HI> have been ever &s;ince the &s;aid <HI>B.</HI> death con|tinued in Feoffment to divers and &s;undry per|&s;ons
<PB N="37" REF="22">
by &s;everal Conveyances to the u&s;e &amp; per|formance of the will of the &s;aid <HI>I. B.</HI> as appears by diver&s;e Deeds unto the Jurors afore&s;aid, in evidence therein at the time of the taking of this Inqui&s;ition, and that upon view of the &s;aid evidences it appeared that divers Feoff|ments have been made of the &s;aid Premi&s;es by &s;urviving Feoffees, to their children and others of their alliance, by which means the intere&s;t of the &s;aid Premi&s;es hath been conti|nued in the name and blood of &s;everal families, that have lived in the &s;aid Pari&s;hes, and that thereby diver&s;e Knights, E&s;quires, and Gen|tlemen of worth and qualitie have been left out, that have been then Inhabitants of the &s;aid Pari&s;hes. And the Jury afore&s;aid do further &s;ay upon their oathes, that the &s;aid Tenement, Lands, and Premi&s;es, with the Appurtenan|ces, are now by mean Conveyance and A&s;|&s;urance, come unto <HI>I. S.</HI> of <HI>E.</HI> afore&s;aid <HI>Gent. W. C.</HI> of <HI>T. G.</HI> afore&s;aid, <HI>Gent. A. S.</HI> of <HI>E.</HI> afore&s;aid <HI>Gent.</HI> and to divers other, being in all about eighteen in number, and that the &s;aid <HI>I. S.</HI> and <HI>A. S.</HI> and their Ance|&s;tors have been Feoffees of the &s;aid Premi&s;es, ever &s;ince the year of our Lord God 1611, and that they and the other Feoffees now living, claim no intere&s;t in the &s;aid Premi&s;es, but as Feoffees in Tru&s;t for performance of the
<PB N="38" REF="23">
Will of the &s;aid <HI>I. B.</HI> and the &s;aid <HI>I. S. W. C. A. S.</HI> and divers other of the now <HI>Feoffees,</HI> appearing before the &s;aid Commi&s;&s;ioners, and the &s;aid <HI>Jurors</HI> at the time and place fir&s;t above mentioned, and did then and there pro|duce two Books that have been kept by them and others, under whom they claim, where|in are &s;et down the Accompts of the yearly Revenues and Profits that have been made of the &s;aid Premi&s;es, from the year of our Lord God 1587 and divers years before un|til this pre&s;ent, And upon our view of the &s;aid books it appeareth that the Tru&s;t of the &s;aid Will hath been managed by &s;ome few of the twenty four <HI>Feoffees,</HI> the re&s;idue giving an implicite con&s;ent to what &s;uch few &s;hould do, both concerning the be&s;towing of the yearly Revenue of the &s;aid premi&s;es, and of the &s;aid Wood&s;ales, as al&s;o in Electi|on of Rent gatherers, and in making up an allowance of the yearly Accompts. And it did al&s;o further appear by view of the &s;aid books, that the yearly Accompts therein &s;et down are imperfect, and that there are many alterations in the figures of the &s;ums of money expended by the &s;aid Rent ga|therers, And that the Accompts therein &s;pecified are for the mo&s;t part made by di&s;bur&s;ments of Sums of money in the ge|neral
<PB N="39" REF="23">
wiith reference unto particular bills not &s;et down in the &s;aid Books, and that at one time, or in two or three years together, no Accompts were made by the Rent-gathe|rers: And that the &s;aid <HI>Feoffees</HI> have failed to elect yearly new Rent-gatherers, And that they have allowed unto the Tenant of the &s;aid Hou&s;e and Lands, out of his Rent, &s;ome|times 40. <ABBR><HI>s</HI></ABBR> for a dinner, at their meeting, And that the &s;aid <HI>Feoffees</HI> and Rent-gather|ers have from time to time kept monies in their hands, which they have received for Rent of the &s;aid Hou&s;e and Lands, which they call in their books of Accompts, hou&s;e money, And divers &s;ums of money which they have received by &s;ale of the wood in <HI>R. W.</HI> which they call Church money, And that &s;ometimes they have expended the hou&s;e mony upon the Church, And &s;ometimes the Church money upon the Highwaies, and have entered their Accompts as money borrowed of the Church, for the hou&s;e, and of the hou&s;e for the Church, And they have brought into Accompt divers &s;ums of money, to have been expended by them yearly upon the &s;aid Churches of <HI>E.</HI> and <HI>T. G.</HI> And the <HI>Ms.</HI> and <HI>Cs.</HI> having Certifi|cates in writing, what moneys have been expended yearly by the &s;aid Rent-gatherers
<PB N="40" REF="24">
in repair of the &s;aid Churches, from the year 1611 until this pre&s;ent time, and upon com|paring the &s;aid Certificates, with the &s;aid books of Accompt, It doth appear, That in &s;ome years, wherein the &s;aid Rent-gatherers have &s;et down in their Accompts to have ex|pended moneys in the repair of the &s;aid Churches, that nothing was then &s;et down in the &s;aid Church Books to have been ex|pended by the &s;aid Rent-gatherers; in &s;ome yeares the &s;ummes of Expen&s;es do agree with the Church-book, in &s;ome years more is &s;et down in the Rent-gatherers book to have been expended upon the &s;aid Churches, then is in the &s;aid Church-book. And the &s;aid Jurors do further &s;ay upon their oathes, That fithence the &s;aid year 1611, until this pre&s;ent, divers <HI>Feoffees,</HI> &s;ome whereof are yet living, have been at &s;everal times Rent-gather|ers and <HI>Feoffees,</HI> And that for the mo&s;t part of that time, the yearly Revenue, and Rent, of the &s;aid Hou&s;e and Lands, have been about 20 <ABBR><HI>l</HI></ABBR> which according to their Accompts, hath been expended yearly in re|pair of the Highwaies between <HI>M.</HI> and &s;ome three or four miles of <HI>E.</HI> and for their dinner at their meetings, and by giv|ing of 40 <ABBR><HI>s</HI></ABBR> or more in &s;ome yeares to &s;e|veral poor per&s;ons Inhabiting in the &s;aid
<PB N="41" REF="24">
Pari&s;hes, And that in that time Wood|&s;ales have been made of the Woods growing in <HI>R.</HI> Grove, And that the moneys there|upon ari&s;ing, have been kept in their hands the&s;e three years, and they have new built the &s;aid hou&s;e called <HI>S.</HI> and improved the &s;aid Tenement and Lands to be worth 26 <ABBR><HI>l</HI></ABBR> 13 <ABBR><HI>s</HI></ABBR> 4 <HI><ABBR>d</ABBR> per annum,</HI> to be letten: And further the &s;aid Jurors do &s;ay upon their oathes, that the yearly expen&s;es of the &s;aid <HI>Feoffees,</HI> have been by Auditors (appointed by the &s;aid Commi&s;&s;ioners in the pre&s;ence of &s;ome of the &s;aid <HI>Feoffees</HI>) ca&s;t, and upon, and by the &s;aid Auditors Certificate it appears, that over and above all charges and expen&s;es by the &s;aid <HI>Feof|fees,</HI> until this pre&s;ent time, in building the &s;aid hou&s;e, repair of the Highwaies, Gifts of money to poor people, moneys expen|ded in Dinners, and repair of the &s;aid Churches, there doth at this time remain in the hands of <HI>I. S.</HI> &amp;c. the now <HI>Feoffees</HI> of the &s;aid Tenement, Lands, and Premi&s;es, or in the hands of &s;ome of them, the &s;umme of 54 <ABBR><HI>l</HI></ABBR> 14 <ABBR><HI>s</HI></ABBR> 5 <ABBR><HI>d</HI></ABBR> or thereabouts, to the Church of <HI>E.</HI> and 56 <ABBR><HI>l</HI></ABBR> 5 <ABBR><HI>s</HI></ABBR> 1 <ABBR><HI>d</HI></ABBR> or there|abouts, unto the Church of <HI>T. G.</HI> The which &s;everal &s;ummes, divers of the Pari&s;hi|oners of the &s;aid &s;everal Pari&s;hes of <HI>T. G.</HI>
<PB N="42" REF="25">
and <HI>E.</HI> of good abilitie, have de&s;ired the &s;aid <HI>Feoffees,</HI> to deliver unto them for a Church Stock for their &s;everal Pari&s;hes, to be by them be&s;towed to the u&s;e of the &s;aid &s;eve|ral Churches, according to the &s;aid Will of the <HI>I. B.</HI> But they the &s;aid now <HI>Feoffees,</HI> or &s;ome of them, have and do refu&s;e to deliver the &s;ame unto them. And the &s;aid Jurors do fur|ther &s;ay upon their oathes, That &s;ometimes the &s;urviving <HI>Feoffees</HI> have &s;uffered the inter|e&s;t of the &s;aid Premi&s;es to continue in them untill under the number of eight <HI>Feoffees</HI> were &s;urviving, and Inhabitants of the &s;aid Pari&s;hes. And that the &s;aid la&s;t <HI>Feoffment,</HI> made of the &s;aid Premi&s;es, by the then &s;urviving <HI>Feoffees,</HI> divers of the &s;aid la&s;t <HI>Feof|fees</HI> are &s;ince dead, &s;o that at this Pre&s;ent there are but to the number of nineteen <HI>Feoffees,</HI> living and inhabiting within the &s;aid Pari&s;hes of <HI>E.</HI> and <HI>T. G. In witne&s;&s;e &amp;c.</HI></P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<PB N="43" REF="25">
<HEAD>Decrees.</HEAD>
<DIV3 TYPE="section">
<P><NOTE PLACE="marg">E&s;&s;ex.</NOTE>AT <HI>L. S.</HI> in the County of <HI>E.</HI> a|fore&s;aid the la&s;t day of <HI>M.</HI> in the yeare of our Lord Chri&s;t 1659. Whereas by an Inqui&s;ition taken at <HI>L. S.</HI> afore&s;aid the 24th. day of this in&s;tant <HI>M.</HI> before <HI>W. C.</HI> Ser|jeant at Law, <HI>R. S.</HI> E&s;quire, <HI>&amp;c.</HI> By vertue of a Commi&s;&s;ion under the great Seale of <HI>Eng|land</HI> to them and others directed, for the due execution of a Statute made in the High Court of Parliament, holden the 27. day of <HI>O.</HI> in the 43. yeare of the Reign of the late Queen <HI>E.</HI> Intituled an Act to redre&s;s the mi&s;|imployments of lands, goods, and &s;tocks of money heretofore given to charitable u&s;es, by the oaths of <HI>J. A.</HI> Gent. <HI>R. B.</HI> E&s;quire, <HI>&amp;c.</HI> hone&s;t and lawfull men of the County afore|&s;aid: It is found, and doth appeare, that <HI>M. W.</HI> Widow decea&s;ed, long before her death, did hold to her and her heirs of the then Lady of the Mannor of <HI>W.</HI> in the &s;aid County of <HI>E.</HI> by copy of Court Roll, according to the cu|&s;tome of the &s;aid Mannor, all that Tenement, <HI>&amp;c.</HI> as by the &s;aid Inqui&s;ition hereunto an|nexed
<PB N="44" REF="26">
may appear. Now we the &s;aid <HI>W. C. R. S. &amp;c.</HI> Having fir&s;t called the &s;aid <HI>R. B.</HI> being the party intere&s;&s;ed in the Tenement and premi&s;&s;es in the &s;aid Inqui&s;ition mention|ed (who appeared before us by her Councell before the taking of the &s;aid Inqui&s;ition, and was fully heard touching the premi&s;&s;es) and having examined and con&s;idered the matters and things in and by the &s;aid Inqui&s;ition found, and thereby appearing, do (by vertue of the &s;aid Statute and Commi&s;&s;ion, and the power and authority to us thereby given) order, adjudge, and decree, that the &s;aid <HI>R. B.</HI> her Executors and Admini&s;trators &s;hall within one moneth next after notice of this Decree, Order, and Judgement, pay unto the Church-wardens of the &s;aid Pari&s;h of <HI>W.</HI> for the time being, the &s;um of 20 <ABBR><HI>l</HI></ABBR> of lawful money of <HI>England,</HI> for the arrearages of the &s;aid yearly payment of 30 <ABBR><HI>l</HI></ABBR> <HI>per annum</HI> &s;o by her with-held and detained from the charita|ble u&s;e afore&s;aid, to and for the reliefe of the poore people of <HI>VV.</HI> afore&s;aid: And al&s;o the &s;um of ten pounds more for damages for the detaining of the &s;aid money, and for the co&s;ts and charges of the Pari&s;hioners of <HI>VV.</HI> afore&s;aid by them expended, and by the &s;u|ing forth of the Commi&s;&s;ion afore&s;aid, and in the pro&s;ecution thereof: And in and about
<PB N="45" REF="26">
the obtaining of the &s;aid Inqui&s;ition and this Decree. And we the &s;aid <HI>VV. C. R. S. &amp;c.</HI> do further order, adjudge and decree, that the &s;aid <HI>R. B.</HI> her Heirs and A&s;&s;ignes, owners and proprietors of the Tenement and Pre|mi&s;&s;es afore&s;aid, and all and every other per&s;on and per&s;ons what&s;oever, claiming, by, from, or under the &s;aid <HI>M. VV.</HI> and <HI>D. B.</HI> decea&s;ed, or either of them, &s;hall (from henceforth for ever hereafter out of the rents i&s;&s;ues and profits of the &s;aid Tenements and Premi&s;&s;es yearly, and every yeare) pay unto the Church-wardens of the pari&s;h of <HI>VV.</HI> a|fore&s;aid for the time, and from time to time being, the &s;um of thirty pounds of lawful mo|ney of <HI>England,</HI> upon the Fea&s;t of the <HI>Epi|phany,</HI> in every year, yearly for ever, to and for the relief of the poor of <HI>VV.</HI> afore&s;aid, ac|cording to the true direction, appointment, intent, and meaning of the &s;aid <HI>M. G.</HI> the Donor thereof. <HI>In witne&s;&s;e whereof,</HI> &amp;c.</P>
</DIV3>
<DIV3 TYPE="section">
<P><NOTE PLACE="marg">E&s;&s;ex.</NOTE>AT <HI>E.</HI> in the &s;aid County upon the twentieth day of <HI>Novem|ber,</HI> in the fourteenth yeare of the Reign of our Soveraign Lord <HI>Charles,</HI> by the grace of God, <HI>King</HI> of <HI>England, Scotland, France,</HI> and
<PB N="46" REF="27">
<HI>Ireland,</HI> Defender of the Faith, <HI>&amp;c.</HI> Whereas by an Inqui&s;ition indented, taken at <HI>E.</HI> afore|&s;aid the one and twentieth day of <HI>September</HI> la&s;t pa&s;t, before <HI>Thomas Winniff,</HI> Dean of St. <HI>Pauls</HI> Church, <HI>London,</HI> &amp;c. By vertue of his Ma|je&s;ties Commi&s;&s;ion under the great Seal of <HI>England,</HI> bearing date the &s;ixth day of <HI>March,</HI> in the thirteenth year of his &s;aid Highne&s;&s;e Reign, directed to the right Reverend Father in God, the Lord Bi&s;hop of <HI>London,</HI> &amp;c. Au|thorizing them, or any four or more of them, for enquiring and reformation of Deceits and Breaches of tru&s;t, concerning Lands, Tene|ments, and other things given, limited and appointed to any the charitable U&s;es named in the &s;aid Commi&s;&s;ion within the &s;aid County, according to a Statute of the three and forti|eth year of the Reign of the late Queen <HI>Eliz.</HI> in &s;uch ca&s;es made and provided by the oaths, <HI>&amp;c.</HI> It was found that <HI>H. L.</HI> late of <HI>W.</HI> in the &s;aid County of <HI>E&s;&s;ex,</HI> decea&s;ed, did in his life time, among&s;t other things, pur|cha&s;e of one <HI>N. S.</HI> a certain cu&s;tomary Me&s;|&s;uage or Tenement, with the Appurtenances, in <HI>W.</HI> afore&s;aid late in the Tenure or Occupa|tion of one <HI>J. E.</HI> Gent. and holden of the Lord of the &s;aid Mannor by Copy of Court Roll, according to the cu&s;tom of the &s;aid Mannor. And he the &s;aid <HI>H. L.</HI> took &s;urrender there|of
<PB N="47" REF="27">
in the names of his Sons, <HI>H. L.</HI> and <HI>J. L.</HI> being then Infants of tender years, And af|terwards, during his life, did take and receive the rents, i&s;&s;ues and profits of the &s;aid Me&s;|&s;uage or Tenement, with the Appurtenances, to his own proper u&s;e and behoof: And that the &s;aid <HI>H. L.</HI> having purcha&s;ed the &s;aid Me&s;|&s;uage or Tenement, with the Appurtenan|ces, among&s;t other things as afore&s;aid, he the &s;aid <HI>H. L.</HI> did make his la&s;t Will and Te&s;ta|ment in Writing, bearing date the 28 day of <HI>November,</HI> 1619. And by the &s;ame his la&s;t Will and Te&s;tament did limit and appoint, one yearly Rent of forty &s;hillings to be i&s;&s;uing and payable yearly for ever out of the Me&s;|&s;uage or Tenement in <HI>W.</HI> afore&s;aid, then in the Tenure of the &s;aid <HI>M. S.</HI> or his A&s;&s;ignes, to be di&s;tributed among&s;t the poor people of the Pari&s;h of <HI>W.</HI> afore&s;aid, from time to time afore&s;aid for ever, in manner and form fol|lowing, <HI>viz. Item</HI> I give and bequeath unto <HI>W. M.</HI> Knight, <HI>J. W.</HI> Clerk, the now Par&s;on of <HI>W. H. H.</HI> Merchant, <HI>J. W.</HI> Gent. and <HI>E. P.</HI> Merchant, and their Heirs for ever, for the relief of the poor of the &s;aid Pari&s;h, one yearly Rent of forty &s;hillings, to be i&s;&s;uing and payable yearly for ever, out of my Me&s;&s;uage or Tenement in <HI>W.</HI> with the Ap|purtenances, now in the Tenure of <HI>M. S.</HI> or
<PB N="48" REF="28">
his A&s;&s;ignes, to be paid at the Fea&s;t of the Birth of our Lord God in every year, and to be di&s;tributed to and among&s;t the poor people of the Pari&s;h of <HI>W.</HI> from time to time for ever, by di&s;cretion of the chief Inhabitants, and the Par&s;on, and the Churchwardens of the &s;aid Pa|ri&s;h for the time being for ever. And if it &s;hall happen the &s;aid Rent, or any part thereof to he behind or unpaid at the &s;aid Fea&s;t, that then it &s;hall be lawfull for the &s;aid <HI>W. M. J. W. H. H. J. W.</HI> and <HI>E. P.</HI> their Heirs or A&s;&s;ignes, to enter into the &s;aid Me&s;&s;uage, de|&s;train for the &s;ame, and for the arrearages thereof, if any &s;hall be behind and unpaid. And whereas it was further found by the &s;aid In|qui&s;ition, that the &s;aid <HI>H. L.</HI> in or about the Month of <HI>January,</HI> in the &s;aid year of our Lord God, 1619. died: And that the &s;aid <HI>H. L.</HI> his Son died al&s;o in the life time of him the &s;aid <HI>H.</HI> And that the &s;aid <HI>J. L.</HI> now Sir <HI>J. L.</HI> Knight, them &s;urvived, and being &s;ei&s;ed of the &s;aid Me&s;&s;uage or Tenement, with the Appurtenances, among&s;t other things, the &s;aid Sir <HI>W. M.</HI> Knight, in the &s;aid Will named, being one of the Devi&s;ees of the &s;aid Rent, and tru&s;ted by the &s;aid Will, to &s;ee the &s;aid charitable U&s;e performed, and having notice of the &s;aid charitable U&s;e, did, in or about the Month of <HI>November,</HI> in the year of
<PB N="49" REF="28">
our Lord God, 1633. purcha&s;e the &s;aid Me&s;|&s;uage or Tenement, with the Appurtenances, among&s;t other things, of the &s;aid Sir <HI>J. L.</HI> and that thereupon, the &s;aid Sir <HI>J. L.</HI> in or about the Month of <HI>November</HI> in the &s;aid year, 1633. did &s;urrender the &s;aid Me&s;&s;uage or Tenement, among&s;t other things, into the hands of the Lord of the &s;aid Mannor of <HI>W.</HI> to the u&s;e of the &s;aid <HI>W. M.</HI> Knight, his Heirs and A&s;&s;igns for ever; And that the &s;aid Sir <HI>W. M.</HI> at a Court holden for the &s;aid Mannor the tenth day of <HI>December,</HI> in the year of our Lord God, 1633. was admitted Tenant to the &s;aid Me&s;&s;uage or Tenement with the Appurtenan|ces accordingly. And that the &s;aid <HI>W. M.</HI> Knight, continued &s;ei&s;ed of the &s;aid Me&s;&s;uage or Tenement among&s;t other things, untill about the Month of <HI>June</HI> la&s;t, at which time, he the &s;aid <HI>W. M.</HI> for a valuable con&s;iderati|on of money, did &s;urrender the &s;aid Me&s;&s;uage or Tenement with the appurtenances, among&s;t other things, into the hands of the Lord of the &s;aid Mannor of <HI>W.</HI> to the u&s;e of <HI>H. P.</HI> <ABBR>E&s;q</ABBR> his Heirs and A&s;&s;igns for ever, according to the cu&s;tom of the &s;aid Mannor; And that the &s;aid <HI>H. P.</HI> at a Court holden for the &s;aid Man|nor, on or about the one and twentieth day of <HI>June</HI> la&s;t, was admitted Tenant to the &s;aid Me&s;&s;uage or Tenement, with the Appurte|nances,
<PB N="50" REF="29">
among&s;t other things accordingly: And that before the time that he the &s;aid <HI>H. P.</HI> was admitted Tenant to the &s;ame, as afore|&s;aid, he having the &s;umm of 1000 <ABBR><HI>l</HI></ABBR> or more of the &s;aid purcha&s;e money remaining in his hands unpaid, had notice of the &s;aid Devi&s;e and charitable U&s;e. And la&s;tly, that the &s;aid yearly Rent of 40 <ABBR><HI>s</HI></ABBR> nor any part thereof hath not been as yet, at any time di&s;tributed unto and among the poor people of the Pa|ri&s;h of <HI>W.</HI> afore&s;aid according to the Will of the &s;aid Sir <HI>H. L.</HI> but hath remained in arrear and unpaid to the Pari&s;honers, by the Occu|piers of the &s;aid Land, ever &s;ince the death of the &s;aid Sir <HI>H. L. viz.</HI> for the &s;pace of the&s;e eighteen years la&s;t pa&s;t, contrary to the true intent and meaning of the &s;aid Will, as by the &s;aid Inqui&s;ition hereunto annexed more at large, it doth and may appear. Now the &s;aid <HI>T. W. E. L. N. W. J. H. W. C. D. D.</HI> and <HI>D. T.</HI> for reformation of the &s;aid abu&s;e, neg|lect and breach of Tru&s;t, do hereby order, ad|judge and decree in manner and form follow|ing; that is to &s;ay, That he the &s;aid <HI>H. P.</HI> now owner of the &s;aid Me&s;&s;uage or Tenement and Land charged with the &s;aid Rent, his Heirs, Executors, Admini&s;trators, and A&s;&s;igns, &s;hall pay, or cau&s;e to be paid unto the &s;aid <HI>J. W.</HI> and the now Churchwardens of the
<PB N="51" REF="29">
&s;aid Pari&s;h of <HI>W.</HI> or one of them, the &s;umm of 38 <ABBR><HI>l</HI></ABBR> of lawfull money of <HI>England</HI> within eight days after <HI>Proces</HI> &s;hall be &s;erved upon the &s;aid <HI>H. P.</HI> his Heirs, Executors, Admi|ni&s;trators and A&s;&s;igns, at or in the Par&s;onage Hou&s;e of <HI>W.</HI> afore&s;aid, for the arrearages of the &s;aid yearly Rent or &s;umm of 40 <ABBR><HI>s</HI></ABBR> li|mited and appointed by the &s;aid Sir <HI>H. L.</HI> in and by his &s;aid Will, to be i&s;&s;uing and paid out of the &s;aid Me&s;&s;uage or Tenement, with the appurtenances, to the charitable u&s;e above expre&s;&s;ed: And that the &s;aid &s;umm of 38 <ABBR><HI>l</HI></ABBR> &s;hall be di&s;tributed by them the &s;aid <HI>J. W.</HI> and the &s;aid Churchwardens of the &s;ame Pari&s;h, unto and among&s;t the poor people of <HI>W.</HI> afore&s;aid, according to the Will of the &s;aid Sir <HI>H. L.</HI> And that the &s;aid <HI>H. P.</HI> his Heirs, Executors, Admini&s;trators and A&s;&s;igns, &s;hall al&s;o pay unto them the &s;aid <HI>J. W.</HI> and the &s;aid Churchwardens of <HI>W.</HI> the &s;umm of 10 <ABBR><HI>l</HI></ABBR> of lawfull money of <HI>England,</HI> towards the charges laid out in the &s;uing forth of the &s;aid Commi&s;&s;ion, and in pro&s;ecuting of the &s;aid Inqui&s;ition and this Decree. And the &s;aid <HI>T. W.</HI> &amp;c. do further order, adjudge and de|cree, that the &s;aid Sir <HI>W. M.</HI> Knight, and <HI>J. W.</HI> being the &s;urviving Devi&s;ees of the &s;aid Rent of 40 <HI><ABBR>s</ABBR> per ann.</HI> limited and ap|pointed to be paid out of the &s;aid Me&s;&s;uage
<PB N="52" REF="30">
or Tenement, to and for the charitable U&s;e above mentioned, &s;hall at or before the &s;aid Fea&s;t of the <HI>Annunciation</HI> of our ble&s;&s;ed Lady the Virgin <HI>Mary</HI> next en&s;uing, by their Deed or Writing, in due form of Law, to be made, grant, convey, a&s;&s;igne, or &s;et over the &s;aid yearly Rent of 40 <ABBR><HI>s</HI></ABBR> limited and appointed by the &s;aid Will of the &s;aid Sir <HI>H. L.</HI> to be for ever paid out of the &s;aid Me&s;&s;uage or Tene|ment with the Appurtenances in <HI>W.</HI> afore|&s;aid, to and for the charitable U&s;e before ex|pre&s;&s;ed, unto Sir <HI>H. H.</HI> Knight, <HI>W. J.</HI> Doctor in Divinity, Rector of the Pari&s;h Church of <HI>W.</HI> afore&s;aid, <HI>B. W. W. B. T. M.</HI> and <HI>D. T.</HI> E&s;quires, their Heirs and A&s;&s;igns, in as large, ample and beneficall manner and form to all intents and purpo&s;es what&s;oever, as the &s;ame is granted, Demi&s;ed, or bequeathed unto them the &s;aid Sir <HI>W. M.</HI> Knight, <HI>J. W.</HI> Clerk, <HI>H. H. J. W.</HI> and <HI>E. P.</HI> and their Heirs, in and by the Will of the &s;aid Sir <HI>H. L.</HI> To the end, in|tent and purpo&s;e the &s;aid Sir <HI>H. H. W. J. B. W. W. B.</HI> and <HI>D. T.</HI> their Heirs and A&s;|&s;ignes may be enabled to demand and receive the &s;aid yearly Rent of 40 <ABBR><HI>s</HI></ABBR> of and from the owners and occupiers of the &s;aid Me&s;&s;uage or Tenement for ever, at the Fea&s;t of the Birth of our Lord God. And that the &s;ame may be di&s;tributed unto and among&s;t the poor people
<PB N="53" REF="30">
of the &s;aid Pari&s;h of <HI>W.</HI> afore&s;aid, from time to time for ever, by the di&s;cretions of the &s;aid chief Inhabitants and the Par&s;on, and the Churchwardens of the &s;aid Pari&s;h for the time being, for ever, where mo&s;t need &s;hall be, according to the true intent and meaning of the &s;aid Sir <HI>H. L.</HI> in his &s;aid Will expre&s;&s;ed. And the &s;aid <HI>T. W. E. L. N. W. J. H. W. C. D. D.</HI> and <HI>D. T.</HI> do further order, adjudge and decree, that as &s;oon as any four of them, the &s;aid Sir <HI>H.H. W.J. B.W. W.B. T.M.</HI> and <HI>D. T.</HI> &s;hall depart this life, that then the &s;aid two &s;urviving A&s;&s;ignes of the &s;aid yearly Rent of 40 <ABBR><HI>s</HI></ABBR> &s;hall by &s;ome Writing under their hands and &s;eals in due form of Law to be made, a&s;&s;ign and &s;et over the &s;aid yearly Rent of 40 <ABBR><HI>s</HI></ABBR> limited and appointed by the &s;aid Sir <HI>H. L.</HI> to and for the charitable U&s;e above mentioned, unto two other per&s;ons by them the &s;aid &s;urviving A&s;&s;ignes to be nominated and their Heirs, upon condition that they the &s;aid two per&s;ons &s;o to be nominated by them the &s;aid &s;urviving A&s;&s;ignes, as afore&s;aid, im|mediatly after the &s;aid Rent &s;hall by &s;uch Act and Deed be ve&s;ted and &s;ettled in them, &s;hall re-a&s;&s;igne and &s;et over the &s;aid yearly Rent of 40 <ABBR><HI>s</HI></ABBR> unto them the &s;aid &s;urviving A&s;&s;ignes: And al&s;o to four or more other per&s;ons of the be&s;t quality then living in <HI>W.</HI> afore&s;aid,
<PB N="54" REF="31">
their Heirs and A&s;&s;ignes for ever in Tru&s;t, to and for the performance of the chari|table U&s;e above mentioned; And that from time to time, as often as any four of the A&s;|&s;ignes of the &s;aid Rent &s;hall depart this life, that then the &s;urviving A&s;&s;ignes of the &s;aid Rent, &s;hall make &s;uch new A&s;&s;ignments of the &s;aid yearly Rent of fourty &s;hillings as are above expre&s;&s;ed and mentioned. In wit|ne&s;&s;e, <HI>&amp;c.</HI></P>
<LIST>
<ITEM><HI>The certain and &s;ure way of making Decrees, is&punc; &s;trictly to ob&s;erve and pur&s;ue the Will and Intent of the Donor.</HI></ITEM>
<ITEM><HI>The return of the Commi&s;&s;ion to be written up|on the back thereof.</HI></ITEM>
<ITEM><HI>The Execution of this Commi&s;&s;ion appeareth in &s;everall Schedules to the &s;ame Commi&s;&s;ion annexed.</HI></ITEM>
</LIST>
<CLOSER><SIGNED>Four Comi&s;&s;ioners, or more;
<LIST>
<ITEM><HI>A. B.</HI></ITEM>
<ITEM><HI>C. D.</HI></ITEM>
<ITEM><HI>E. F.</HI></ITEM>
<ITEM><HI>G. H.</HI></ITEM>
</LIST></SIGNED></CLOSER>
</DIV3>
</DIV2>
<DIV2 TYPE="text">
<PB N="55" REF="31">
<HEAD>Ca&s;es adjudged upon Appeales.</HEAD>
<DIV3 TYPE="section">
<HEAD>Mich. 1626. <HI>Win&s;or</HI> and <HI>Hilton.</HI></HEAD>
<P>IN the Ca&s;e between <HI>Thomas Win&s;or</HI> Plaintiff, and <HI>Robert Hilton</HI> and others, of the Town of <HI>Farnham</HI> Defendants, up|on a Reference to the Judges out of the <HI>Chan|cery,</HI> It was re&s;olved by the Judges of the <HI>Kings Bench,</HI> That if upon an Appeal in <HI>Chancery</HI> or <HI>Dutchy,</HI> The Decree and Orders of the Commi&s;&s;ioners for Charitable u&s;es be confirmed, The party grieved can have no bill of Review, becau&s;e the Appeal is in the nature of a Bill of Review, and no Bill of Review doth lye after a Decree is confirm|ed upon a Bill of Review, for then it may be infinite vexation. But in &s;uch a Ca&s;e the party greived may prefer his Petition in Parliament, and there have his complaint ex|amined, And the Lords in Parliament may confirm, alter, or adnul the Decree, which
<PB N="56" REF="32">
is to be final, as it was re&s;olved by the Judges and the <HI>Kings</HI> Councel, A&s;&s;i&s;tants in the Hou&s;e of Peeres, 20. <HI>Caroli</HI> 1643. Between the poor of <HI>Ea&s;tham</HI> in <HI>E&s;&s;ex</HI> Plain|tiffs, and the Lady <HI>Kemp</HI> and others Defen|dants, where <HI>Dandy,</HI> one of the Alme&s;men of the Alme&s;hou&s;e in <HI>Ea&s;tham,</HI> of the foun|dation of <HI>Giles Breame</HI> E&s;quire, complained by Petition before the Lords in Parliament, to have a Decree made by the Lord <HI>Coven|try</HI> adnulled, who by his Decree altered the Decree of the Commi&s;&s;ioners, and the &s;aid Defendants excepted that the &s;aid Decree could not be adnulled without Bill in Parli|ament, for the rea&s;on afore&s;aid, and upon reference to the &s;aid Judges and Councel, they certified us afore&s;aid, and then the Lords proceeded to examine the &s;aid Lord Keepers Decree, and confirmed it.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Mich. 44. <HI>Eliz.</HI></HEAD>
<P><HI>EGerton, Popham,</HI> and <HI>Ander&s;on,</HI> and <HI>Cook Attorney General,</HI> re&s;olved the&s;e que&s;ti|ons upon the &s;aid Statute.</P>
<P N="1">1. That the <HI>Bi&s;hop</HI> of the <HI>Dioce&s;s,</HI> if there be any at the time of the &s;ealing of the Commi&s;|&s;ion
<PB N="57" REF="32">
ought by the expre&s;&s;e words of the &s;aid Statute, to be named a Commi&s;&s;ioner, or o|therwi&s;e, the Commi&s;&s;ion is void; But if he be named a Commi&s;&s;ioner, it is not requi&s;ite that he &s;hould be pre&s;ent at the execution of it, for that none is of the <HI>Quorum;</HI> but any four or more of the Commi&s;&s;ioners named, may execute the &s;ame without the pre&s;ence of the Bi&s;hop or his Chancellor, If the See of the Bi&s;hop be void at the &s;ealing of the Commi&s;&s;ion, then the Bi&s;hop need not to be named a Commi&s;&s;ioner, neither his Chancelor, and the metropoli|tan &s;hall not be named in &s;tead of the Bi&s;hop, for that he is not Bi&s;hop of the Dioce&s;s, And if the Bi&s;hop be named a Commi&s;&s;ioner, and dye before the Certificate returned, this doth not avoid the Commi&s;&s;ion, but the other Commi&s;&s;ioners may proceed.</P>
<P N="2">2. If a Lea&s;e or Conveyance be made by parties tru&s;ted with a Charitable u&s;e, where|by the &s;ame is defrauded, the Commi&s;&s;ioners may <HI>Decree</HI> the &s;ame Lea&s;e and Conveyance to be void. And upon &s;uch <HI>Decree</HI> the &s;ame is void in Intere&s;t and E&s;tate. And if after|wards upon an Appeal, the <HI>Lord Keeper</HI> ad|nul the Commi&s;&s;ioners <HI>Decree,</HI> or <HI>decree</HI> the Lea&s;e or Conveyance to be good, it is then revived and made good again in Intere&s;t and
<PB N="58" REF="33">
E&s;tate. And if &s;uch Lea&s;e or Conveyance be a&s;&s;igned over to any, the Commi&s;&s;ioners may <HI>Decree</HI> the <HI>a&s;&s;ignment</HI> to be void, although the fir&s;t Conveyance was made frau|dulently, and in deceipt of the charitable u&s;e.</P>
<P N="2">2. If hou&s;es given to Charitable u&s;es be &s;uffered to be ruinous and out of repair by negligence, The Commi&s;&s;ioners may Decree That tho&s;e which receive the Rents and Pro|fits of them, &s;hall repair the &s;ame, although they have otherwi&s;e expended the Rents in performance of the Charitable u&s;e, and may order the hou&s;es to be ever after kept in good repair, as often as need requires. And if they which ought to repair the &s;aid hou&s;es be dead before the Commi&s;&s;ioners <HI>Decree,</HI> The Commi&s;&s;ioners may order that their Heirs, Executors, or Admini&s;trators having A&s;&s;ets in Law or Equity, &s;hall repair the &s;ame.</P>
<P N="4">4. That the word given in the Statute, ex|tends to gifts after the Statute, as well as to gifts before.</P>
<P N="5">5. The Commi&s;&s;ioners cannot by their <HI>Decree</HI> make a Corporation, not before in|corporated, and enable them to take to chari|table u&s;es as a Corporation. As Church-wardens which are a Corporation in Law, but to &s;pecial purpo&s;es.</P>
<P><PB N="59" REF="33">But they may <HI>Decree</HI> Lands held in Ca|pite, or in Socage, to a Corporation already incorporate, to be Tru&s;tees, to perform a Charitable u&s;e, and it &s;hall be no Mort|main.</P>
<P>Al&s;o they may <HI>Decree</HI> Lands given to cha|ritable u&s;es, to &s;undry per&s;ons, and their Heirs, to the &s;aid u&s;es, and enable them to demi&s;e the &s;ame Lands for the be&s;t profit of the &s;aid Charitable u&s;e, and that when &s;uch a number of them dye, the &s;urvivers &s;hall make a Conveyance to &s;ettle the &s;aid lands in them&s;elves that &s;urvive, and others to make up and continue the number by them appointed.</P>
<P N="6">6. If lands that lye in the body of a Coun|ty be given to a Corporation, to maintain cha|ritable u&s;es, the Commi&s;&s;ioners of the Coun|try may make orders to reform the breaches of Tru&s;ts, and mi&s;imployment of &s;uch lands, by the Corporation.</P>
</DIV3>
<DIV3 TYPE="section">
<PB N="60" REF="34">
<HEAD>Trin. 9. <HI>Caroli. Ea&s;t-green&s;teds</HI> Ca&s;e.</HEAD>
<P>THe&s;e points were re&s;olved by the <HI>Lord Coventry.</HI></P>
<P N="1">1. That whereas <HI>Robert</HI> Earl of <HI>Dor&s;et,</HI> had granted a Rent charge of 330 <HI><ABBR>l</ABBR> per ann.</HI> out of divers his Mannors and Lands in <HI>Lon|don</HI> and &s;everal Counties for maintenance of an Alm&s;hou&s;e in <HI>Ea&s;t-green&s;ted,</HI> erected by him&s;elf. Fir&s;t, That if a Rent be granted out of Lands in &s;everal Counties for mainte|nance of charitable u&s;es in one County, The Commi&s;&s;ioners in that County, where the cha|ritable u&s;e is to be performed, may make a <HI>De|cree</HI> to charge the lands in other Counties, to pay an equal contribution of charge in pay|ment of the &s;aid Rent, and there needs not &s;everal Inqui&s;itions in each County, for that the Rent is an entire grant, by the <HI>Deed</HI> or <HI>Will.</HI></P>
<P N="2">2. If the devi&s;ees of a Rent-charge or the grantees thereof to a charitable u&s;e, do pur|cha&s;e part of the lands, out of which the rent is i&s;&s;uing, or all the land, Although in extre|mity of Law, the Rent-charge is extingui&s;hed, yet if the Commi&s;&s;ioners <HI>Decree,</HI> the Rent
<PB N="61" REF="34">
to be revived, and &s;ettle it upon others to maintain the charitable u&s;e, the Rent is re|vived by the &s;aid <HI>Decree.</HI></P>
<P N="3">3. If a Rent-charge be granted out of land to a charitable u&s;e, and the land is after|wards &s;old for valuable con&s;ideration of mo|ney or land, to one that had no notice of the Rent, yet the Rent remaineth. For that the purcha&s;e was of another thing, that was not given to the charitable u&s;e.</P>
<P N="4">4. By the Statute, the parties intere&s;&s;ed are to have notice from the Commi&s;&s;ioners, of the time and place of their &s;itting to exe|cute the Commi&s;&s;ion. Yet if the Commi&s;&s;i|oners make a <HI>Decree</HI> without giving &s;uch notice to the parties intere&s;&s;ed, it is good. And if the parties upon their Appeal do take exception that they had not any notice of the time of the executing of the Commi&s;&s;ion from the Commi&s;&s;ioners, That &s;hall not avoid the <HI>Decree,</HI> unle&s;s they &s;hew withal, in their exception, that for lack of &s;uch notice, they lo&s;t the benefit of &s;uch an exception, to the Commi&s;&s;ioners or &s;ome of them, or of &s;uch a challenge to a Juror, expre&s;&s;ing the cau&s;e in certain: And if the <HI>Lord Keeper</HI> ad|judge the cau&s;e &s;hewen to be a &s;ufficient ex|ception and challenge, the <HI>Decree,</HI> or <HI>Orders</HI> of the Commi&s;&s;ioners, &s;hall be adnulled and
<PB N="62" REF="35">
rever&s;ed without further examination, for the intent of &s;uch notice to be given, is. That the parties intere&s;&s;ed may make their lawful challenges to the Commi&s;&s;ioners or Jurors, as the Statute alloweth them.</P>
<P N="5">5. Re&s;olved that the notice which a Pur|cha&s;or of lands given to charitable u&s;es ought to have; ought to be certain, and a general no|tice, is not &s;ufficient. As if land given to charitable u&s;es be intended to be &s;old by Act of Parliament: and when the Bill is read in the hou&s;e of Parliament, it is there &s;poken unto and declared, that the land is charge|able with a charitable u&s;e, and recompence is offered otherwi&s;e to a&s;&s;ure the charita|ble u&s;e then by that land, and afterwards the Bill doth not pa&s;&s;e, and the Land is &s;old to one of the Members of the Hou&s;e that &s;pake unto the Bill for money. Yet this no|tice in Parliament, is not &s;ufficient notice, within the intent of the Statute, becau&s;e it was not known to &s;uch a Purcha&s;or, but as a Parliament man in another capa|city.</P>
<P N="6">6. If a Purcha&s;or of Land given to cha|ritable u&s;es, for con&s;ideration of money, hath Legal notice of the u&s;e, and after|wards &s;elleth the Land to another for mo|ney, who hath no notice of the u&s;e. This
<PB N="63" REF="35">
&s;econd Purcha&s;or &s;hall hold the Land charge|able with the charitable U&s;e, for that the fir&s;t Purcha&s;or held it &s;o, and the &s;econd Purcha&s;or coming under his Title, mu&s;t hold it &s;ubject to the charges the fir&s;t Purcha&s;or held it, for that he claims under him; But if the fir&s;t Pur|cha&s;or had no notice of the U&s;e, then is the Land di&s;charged of the charitable U&s;e: and if he aftewards &s;ell it to another for money that hath notice of the U&s;e, yet he &s;hall not hold it &s;ubject to the charitable U&s;e, for that the Land was di&s;charged thereof upon the fir&s;t Purcha&s;e.</P>
<P N="7">7. That if a Rent-charge be granted to a charitale U&s;e, out of Lands in &s;everall Coun|ties, the Commi&s;&s;ioners are to charge this Rent by their Decree, upon all the Lands in every County, according to an equall di&s;tribu|tion, having regard to the yearly value of all the Lands chargeable with the Rent, and can|not by their Decree charge one or two Man|nors with all the Rent, and di&s;charge the re|&s;idue in other Counties or places, for that their Decree will then be contrary to the Will of Founders or Donors.</P>
</DIV3>
<DIV3 TYPE="section">
<PB N="64" REF="36">
<HEAD>16. Martii 4. <HI>Carol.</HI></HEAD>
<P>BEtween the poor of <HI>Waltham&s;tow</HI> in <HI>E&s;&s;ex,</HI> and upon a Devi&s;e of money by one <HI>Colby</HI> to relieve the poor there; the&s;e points were re&s;olved: Fir&s;t, <HI>S.</HI> took exception up|on his appeal in Chancery, that he had no no|tice of the time and place of the Execution of the Commi&s;&s;ion from the Commi&s;&s;ioners, whereby he lo&s;t the benefit of his challenge to &s;ome of the Jurors that were Inhabitants in <HI>Waltham&s;tow,</HI> as being parties intere&s;&s;ed, and upon proof it appeared, that the number of eighteen, were &s;worn upon the Jury, where|of three of them were &s;ub&s;tantiall men of <HI>Wal|tham&s;tow,</HI> and none of the poor there to take benefit by the Gift, and the Lord Keeper di&s;|allowed the Exception, for that it appeared fif|teen others were of the Jury, again&s;t whom no ception is taken, and a Verdict of twelve or more, is good, although others of the Jury, above the number of twelve di&s;&s;ent; al&s;o the three Inhabitants were no parties in|tere&s;&s;ed in the Gift, and may be Jury-men, they being none of the poor of the &s;aid Pari&s;h. Secondly, if one be authorized by a party &s;ub|ject
<PB N="65" REF="36">
to the Decree of the Commi&s;&s;ioners for a charitable U&s;e, as a Coun&s;ellor, Solicitor, or Attorney, to &s;olicit and defend his Suits, and notice is given to his Attorney, Coun&s;ellor, or Solicitor, by the Commi&s;&s;ioners of the time and place for execution of the Commi&s;&s;ion again&s;t the per&s;on &s;o entertaining him, telling and advi&s;ing him to acquaint the party in|tere&s;&s;ed therewith, and giveth him timely no|tice to acquaint him accordingly; and at the time and place of meeting, neither the party intere&s;&s;ed, nor any other cometh to make de|fence and challenge; if the Commi&s;&s;ioners pro|ceed to enquire and make a Decree, it is good, and the notice to his Clients is &s;ufficient: and in the ca&s;e of <HI>S.</HI> it was proved, that he was an aged man, not able to follow his own bu&s;i|ne&s;&s;e; dwelling in a remote County, and that he had a Son a Coun&s;ellor at Law, who attend|ed his Fathers bu&s;ine&s;&s;e in other things, unto whom the Commi&s;&s;ioners gave notice of the time and place for executing the Commi&s;&s;ion, and that he might have given his Father time|ly notice of it, and it was taken as a neglect of purpo&s;e, to avoid the Commi&s;&s;ion. Al&s;o it was proved, that the Father had per&s;onall no|tice of the time and place appointed by the Commi&s;&s;ioners to make the Decree, and his Son came to attend it, but did not take any
<PB N="66" REF="37">
exception to the Jurors, and the Lord Keeper &s;aid, that notice was &s;ufficient, although he had no notice of the Inquiry.</P>
<P>Thirdly, if one Devi&s;e money to a chari|table U&s;e for Relief of the poor, and makes two Executors, and dies, and they prove the Will, and joyntly intermeddles with the Re|ceipt of money, and one tru&s;ts the other with the money given to perform the charitable U&s;e, and to pay it accordingly, and he wa&s;tes it and dies in&s;olvent, the &s;urviving Executor &s;hall be charged to pay the money for the charitable U&s;e, if the Te&s;tator left A&s;&s;ets to pay it, for that they joyntly meddled in the execution of the Will, but if the Executor that died had onely proved the Will in the name of both Executors, and the &s;urviving Executor never meddled in the execution of the Will, but left all to the other, and he had wa&s;ted the E&s;tate, and died in&s;olvent, the &s;urvi|ving Executor &s;hall not be charged with the charitable U&s;e out of his own E&s;tate, for that the other Executor had a joint authority with him from the Te&s;tator, and he would not pre|vent his intermeddling, and the &s;urvivor had no other means to prevent his charge, then by his refu&s;all.</P>
<P>La&s;tly, if money be given to a charitable U&s;e by Will, and the Executors detain it in
<PB N="67" REF="37">
their hands many years without imploying it according to the Will, having A&s;&s;ets, the Commi&s;&s;ioners may Decree the money with damages for detaining of it, to be imployed in the charitable U&s;e, according to their di&s;creti|ons, not exceeding 8 <HI><ABBR>l</ABBR> per cent.</HI> for a year, for the damages.</P>
<P><HI>Mich.</HI> 10. <HI>Car. int.</HI> Inhabitants of <HI>Eltham</HI> in <HI>Kent,</HI> again&s;t <HI>Warreyn,</HI> the Ca&s;e was thus:</P>
<P>Land was given in the time of <HI>Hen.</HI> 8. being then of the value of 3 <HI><ABBR>l</ABBR> per ann.</HI> to the Pari&s;h|oners of <HI>Eltham,</HI> to repair the High-ways there, this Land doth improve to be of the value of 11 <HI><ABBR>l</ABBR> per ann.</HI> divers of the Pa|ri&s;honers being Ve&s;try-men there, do Demi&s;e this Land and Hou&s;e upon it, to <HI>Warreyn</HI> for fifty years, at 3 <ABBR><HI>l</HI></ABBR> Rent <HI>per ann. Warreyn</HI> cuts down Timber-trees, growing upon the Land, and repairs the Hou&s;e with part, and &s;ells and otherwi&s;e di&s;po&s;eth of the re&s;idue, and pays the 3 <ABBR><HI>l</HI></ABBR> Rent yearly, which is be&s;towed in repair of the High ways; The Commi&s;&s;ioners Decree <HI>Warreyn</HI> to pay damages for cutting down three trees, and that his Lea&s;e &s;hould be voyd, and &s;urrendred up to be cancelled, and to pay the &s;urplu&s;age of the true value of the Land, as it was improved at the time of the Lea&s;e for the time he enjoyed it, and that divers of the Pari&s;honers, naming them particularly, &s;hould
<PB N="68" REF="38">
be Tru&s;tees to the &s;aid Land for the be&s;t pro|fit of the charitable U&s;e, and that &s;uch a number &s;hould enfeoff others of the Pa|ri&s;honers to continue the number of the Tru&s;tees, by the Decree appointed. And upon <HI>Warreyns</HI> Appeal to the Lord Keeper the De|cree of the Commi&s;&s;ioners was confirmed in all things, and re&s;olved, that the cutting down of the trees was a wa&s;te, for which <HI>Warreyn</HI> &s;hould pay damages according to the value of them, and be&s;towing but part upon the Hou&s;e, not being able to prove the quantity, it was fraud in him, to colour his di&s;po&s;ing the re&s;i|due otherwi&s;e, but if he had be&s;towed all, or the greate&s;t part of the trees in the repair, it had been no wa&s;te: 2. It was re&s;olved, that Commi&s;&s;ioners may give co&s;ts to the party which pro&s;ecutes a Commi&s;&s;ion, to reform a breach of tru&s;t in a charitable U&s;e, and the Lord Keeper may increa&s;e the&s;e co&s;ts, if the party grieved complain without cau&s;e: 3. The Lea&s;e being made at an under value, is a breach of tru&s;t, and fraud, to deceive the cha|ritable U&s;e of the true value of the Land: And the Commi&s;&s;ioners may Decree the Lea&s;e to be voyd and &s;urrendred, and that the Le&s;&s;ee &s;hall pay the true profits of the value of the charitable U&s;e above the Rent re&s;er|ved. And la&s;tly, the Commi&s;&s;ioners may
<PB N="69" REF="38">
by their Decree, inable per&s;ons as Tru&s;tees, to have intere&s;t in the Lands given to chari|table U&s;es, and to Demi&s;e the &s;ame according to the improved value.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>In the Ca&s;e of <HI>Sutton Colefield, in Com. Warr.</HI> Hill. 11. <HI>Car.</HI></HEAD>
<P>FIr&s;t, It was re&s;olved, That it is not mate|riall that the Commi&s;sioners which were pre&s;ent at the time the Evidence was given, and of the taking of the Inqui&s;ition, be pre&s;ent at the making of the Decree, for if any or all of them are ab&s;ent at the making of the De|cree, which were pre&s;ent at the time of the taking of the Inqui&s;ition and Evidence, the Decree is good, if it be made by four Commi&s;|&s;ioners, or more. And if it appears by the re|turn, that the names of four Commi&s;sioners were affixed to the Inqui&s;ition, and four other Commi&s;sioners to the Decree, all is good.</P>
<P>Secondly, re&s;olved, If Lands of the value of 3 <HI><ABBR>l</ABBR> per ann.</HI> be given to maintain a School-Ma&s;ter, and in the Deed it is expre&s;&s;ed, that the &s;aid 3 <ABBR><HI>l</HI></ABBR> &s;hall be onely imployed to main|tain that u&s;e, and no other u&s;e is expre&s;&s;ed in the Deed, and afterwards the Land increa&s;eth to a greater value, all the increa&s;ed Rent &s;hall
<PB N="70" REF="39">
be imployed for maintenance of that chari|table U&s;e, becau&s;e it doth not appear that the Donor had any intention that the profits of his Land &s;hould be imployed to any other u&s;e, and at the fir&s;t he gave &s;o much as the Land was worth.</P>
<P>Thirdly, re&s;olved, if Land given to chari|table U&s;e be &s;old for money to one that hath notice of the u&s;e, this notice did make the Land chargeable with the u&s;e in all other Purcha&s;ors hands, although the other Pur|cha&s;ors had no notice of the u&s;e, becau&s;e they take the Land charged with other incumbran|ces as the fir&s;t Purcha&s;or held, but if the fir&s;t Purcha&s;or had notice of the u&s;e, then is the Land di&s;charged of the u&s;e, and it &s;hall &s;o re|main in all the Purcha&s;ors hands, although they had notice of the u&s;e.</P>
<P>Fourthly, re&s;olved, if Land of the value of 3 <HI><ABBR>l</ABBR> per ann.</HI> is given to a charitable u&s;e, which is paid accordingly, and afterwards the Land increa&s;eth to a better yearly value, if the in|crea&s;ed value be not al&s;o payd to the chari|table u&s;e, that is breach of tru&s;t, which the Commi&s;&s;ioners may reform, if no other u&s;e of imployment of the revenue be expre&s;&s;ed in the Donors Deed.</P>
<P>Fifthly, re&s;olved, if Land be given to a Corporation, or other particular per&s;ons to
<PB N="71" REF="39">
perform a charitable u&s;e, and the Donor ap|point them Vi&s;itors, al&s;o of the u&s;e according to his intent, if the &s;aid Vi&s;itors do break the tru&s;t, either in detaining part of the revenue, mi&s;imploying, or any other ways defrauding the charitable u&s;e, this may be re&s;tored by Decree of the Commi&s;&s;ioners, notwith&s;tand|ing the Statute of 43 <HI>Eliz.</HI> which di&s;ables Commi&s;&s;ioners to meddle with Lands given to charitable u&s;es, where &s;peciall Vi&s;itors are appointed, for the intent of the Statute is to di&s;able Commi&s;&s;ioners to meddle with &s;uch a ca&s;e, where the Land is given to per&s;ons in tru&s;t, to perform a charitable u&s;e, and the Donor appoint &s;peciall Vi&s;itors to &s;ee the&s;e tru&s;tees to perform the u&s;e according to his intent, if the Tru&s;tees defraud the tru&s;t, the Commi&s;&s;ioners cannot meddle, but the Vi&s;i|tors are to perform it, but where the Vi&s;itors are Tru&s;tees al&s;o, there the Commi&s;sioners may by their Decree reform the abu&s;e of the charitable u&s;e.</P>
</DIV3>
<DIV3 TYPE="section">
<PB N="72" REF="40">
<HEAD><HI>Hyn&s;haw</HI> and <HI>Pydwers</HI> the Mayor of the Cor|poration of <HI>Morpeth</HI> in <HI>Northumber|land,</HI> 5. <HI>Car.</HI></HEAD>
<P>KIng <HI>Edw.</HI> 6. gives Land to the Mayor and Commonalty of <HI>Morpeth,</HI> of the value of 20 <HI><ABBR>l</ABBR> per ann.</HI> to maintain a School-ma&s;ter there, and appoints them Vi&s;itors of the School-ma&s;ter and Schollars, that they behave them&s;elves according to his Orders, this Land increa&s;eth to 100 <ABBR><HI>l</HI></ABBR> by the year, and the Corporation did onely be&s;tow on the School-ma&s;ter the 20 <HI><ABBR>l</ABBR> per ann.</HI> accord|ding to the value at the time of the fir&s;t Gift. A commi&s;sion is granted to reform this breach of tru&s;t, and the Corporation upon &s;um|mons, refu&s;ed to appear before the Commi&s;|&s;ioners, for that they are appointed Vi&s;itors, and the <HI>Provi&s;o</HI> of the Statute doth exempt in &s;uch ca&s;es the power of the Commi&s;sioners, the Commi&s;sioners certifie this to the Lord Keeper, and that the Vi&s;itors were the per&s;ons tru&s;ted, and did break the tru&s;t, and Serjeant <HI>Thomas Crew</HI> moving the Lord Keeper upon this Certificate the 22 of <HI>May,</HI> 5 <HI>Car.</HI> the Lord Keeper declared his opinion to be, that the Commi&s;sioners might proceed in the exe|cution
<PB N="73" REF="40">
of their Commi&s;&s;ion, for the Vi&s;i|tors being Tru&s;tees and Parties breaking the Tru&s;ts, are not within the intent of the Provi&s;o, and if it &s;hould be otherwi&s;e con|&s;trued, this breach of Tru&s;t would e&s;cape unpuni&s;hed, unle&s;&s;e in <HI>Chancery</HI> or in <HI>Par|liament;</HI> which were a tedious and chargeable Suit for poor per&s;ons: And the <HI>Lord Keeper</HI> &s;aid, That the not be&s;towing of the increa&s;ed value of the Land given, was a breach of tru&s;t in the Corporation, if no other u&s;e be expre&s;|&s;ed in the Letters Patents: Al&s;o it was then &s;aid, If Land be given to maintain a charitable u&s;e for relief of poor, and al&s;o that the School-ma&s;ter or poor &s;hall pray for the Donors &s;oul, that the charitable u&s;e &s;hall be &s;aid, the principall intent of the Donor, and the praying for his &s;oul, but an acce&s;&s;ary, and therefore the charitable u&s;e &s;hall &s;upport and pre&s;erve the Land.</P>
</DIV3>
<DIV3 TYPE="section">
<PB N="74" REF="41">
<HEAD>The Ca&s;e of the Inhabitants of <HI>Woodford</HI> in <HI>E&s;&s;ex,</HI> again&s;t <HI>Parkhur&s;t; Hill.</HI> 14. <HI>Carol.</HI></HEAD>
<P>SIr <HI>Henry Leigh</HI> did purcha&s;e Copyhold lands in <HI>Woodford,</HI> in the name of two of his younger &s;ons, and their Heirs, they be|ing within age, and by his Will, Devi&s;eth to Sir <HI>William Martin</HI> and other Pari&s;hio|ners of <HI>Woodford,</HI> and their Heirs, a Rent-charge of 40 <HI><ABBR>s</ABBR> per annum,</HI> out of this Copy|hold land, for relief of the poor there, and dyes, Sir <HI>William Martin</HI> purcha&s;eth this land, and enjoyes it for many years, and then &s;ells the land unto <HI>Packhur&s;t</HI> and his Heirs, <HI>Parkhur&s;t</HI> hath notice of the Chari|table u&s;e: between the Surrender and his ad|mittance, the Commi&s;&s;ioners Decree <HI>Park|hur&s;t</HI> to pay all the arrerages &s;ince Sir <HI>Hen|ry Leighs</HI> death, and upon his appeal, the <HI>Lord Keeper</HI> re&s;oved the&s;e points. Fir&s;t, that the Rent is well Devi&s;ed, although Sir <HI>Henry</HI> had nothing in the land in &s;trictne&s;s of Law, for that the E&s;tate in Law, was in the children, yet Sir <HI>Henry</HI> making the Purcha&s;e, and en|joying the land as owner, and receiving the
<PB N="75" REF="41">
Profits of it, he &s;hall be &s;aid in Equity to have power to di&s;po&s;e to a Charitable u&s;e: Al&s;o it being objected that there wanted a Surrender to enable him to Devi&s;e, the <HI>Lord keeper</HI> &s;aid, yet the Devi&s;e was good enough, and &s;hall be &s;aid a good gift, limitation, and appoint|ment within the Statute, in favour of Cha|ritable u&s;es. Secondly, re&s;olved that the Rent, although it was extinct in Law, by Sir <HI>William Martin</HI> purcha&s;ed, yet by the Com|mi&s;&s;ioners <HI>Decree</HI> it is revived. Thirdly, Re|&s;olved, the Rent is not extinct by this Pur|cha&s;e, although he had no notice of the &s;ame, for that the Purcha&s;e is of another thing then was given to the Charitable u&s;e. Fourth|ly, Re&s;oved, that the Rent is a charge which goes with the Land, in who&s;e hands &s;oever it comes, and a Di&s;tre&s;s may be taken for the arrerages, upon the ter-tenant for the time it was arrear in others hands, and the owners remedy, to have contribution again&s;t all o|thers that enjoyed the Land before him, is by Suit in <HI>Chancery;</HI> and here <HI>Parkhur&s;t</HI> by the <HI>Decree,</HI> had contribution again&s;t all others that enjoyed the Land charged, and &s;uffered arrerages to accrew in their time. La&s;tly, Re|&s;olved that the notice of the Rent given to <HI>Parkhur&s;t,</HI> after the Surrender and agree|ment for the Purcha&s;er and before his ad|mittance,
<PB N="76" REF="42">
was a &s;ufficient notice within the Statute; if notice in this ca&s;e had been requi|&s;ite, for that <HI>Parkhur&s;t</HI> was no compleat and ab&s;olute Purcha&s;or before admittance; &s;o of notice given to a Purcha&s;or, of a Charitable u&s;e chargeable upon the Land, mean between his agreement, and &s;ealing of the Writings, before the perfecting of the &s;ettling of the E&s;tate in him, by Attornment, Livery, or In|rolment of the Deed of Conveyance.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Hennington Ha&s;tings <HI>in Com.</HI> Warr, <HI>6.</HI> Jacob.</HEAD>
<P>ONe <HI>Humfrey Davis</HI> erected an Alm&s;|hou&s;e in <HI>Hennington Ha&s;tings,</HI> for eight poor men, and being Sei&s;ed of lands in <HI>Ten|nington, Monton,</HI> and <HI><GAP DESC="illegible" EXTENT="1 letter">urbery,</HI> then let for 10 <ABBR><HI>l</HI></ABBR> Rent <HI>per annum,</HI> doth devi&s;e the rents of his &s;aid lands, for maintenance of the &s;aid poor in the &s;aid Alm&s;hou&s;e, and dyes, his heir paies the Ten pound yearely for maintenance of the poor, at the Alm&s;hou&s;e, and at the end of the term, doth Demi&s;e the land at 40 <HI><ABBR>l</ABBR> per annum.</HI> The Commi&s;|&s;ioners doth <HI>Decree</HI> the whole land for main|tenance of the Charitable u&s;e, and the ar|rerages of the improved Rent taken by the
<PB N="77" REF="42">
Heir, from the time of the expiration of the old Lea&s;e, until the <HI>Decree,</HI> and that the new Lea&s;e &s;hall be void, and &s;urrendred, and upon the Heirs appeal in <HI>Chancery,</HI> and acceptions taken to the <HI>Decree,</HI> the <HI>Lord Kee|per</HI> referred the Ca&s;e to the Judges principal|ly, whether if one Devi&s;e the Rents of his Land to a Charitable u&s;e, if by this Devi&s;e the Land pa&s;&s;ed, and they certified their opinions, that by Devi&s;e of the Rents of the lands to a Charitable u&s;e, the land it &s;elf did pa&s;&s;e, and in twelve <HI>Jac.</HI> in the Ca&s;e of one <HI>Kerry</HI> and <HI>Dethick,</HI> it was ad|judged, that if one Devi&s;e to another and his Heires, the Rents and Profits of his Lands, that this is a Devi&s;e of the Land it &s;elf; al&s;o they re&s;olved, that when one De|vi&s;eth the Rent of his Land to a Charitable u&s;e, it &s;hall be taken largely for a Devi&s;e of the Rent then re&s;erved, or afterwards to be re&s;erved upon an improved value, and the <HI>Lord Keeper</HI> did afterwards confirm the Commi&s;&s;ioners <HI>Decree</HI> in all things.</P>
</DIV3>
<DIV3 TYPE="section">
<PB N="78" REF="43">
<HEAD>The Schoole of <HI>Thetfords</HI> Ca&s;e upon a Bill exhited in <HI>Parliament, 8.</HI> Jacobi. <HI>8.</HI> Coke <HI>fol. 130.</HI></HEAD>
<P>LAnd of the value of 35 <ABBR><HI>l</HI></ABBR> by the year, was by Sir <HI>Thomas Fulmer&s;ton</HI> 9. <HI>Eliz.</HI> Devi&s;ed to certain per&s;ons in Tru&s;t, and their Heirs for maintenance of a Preacher, Schoole ma&s;ter, and poor people, in <HI>Thetford,</HI> and by the Will, a &s;pecial di&s;tribution was made, how much the Preacher, Schoole-ma&s;ter and poor &s;hould have, amounting in the whole, unto 35 <ABBR><HI>l</HI></ABBR> by the year, which was the value of the Land at the time of the Devi&s;e, and afterwards the land increa&s;eth to be by the value of 100 <ABBR><HI>l</HI></ABBR> by the year, and upon a Reference to the <HI>Chief Ju&s;tices</HI> and <HI>Judge Walm&s;ley,</HI> they certified their o|pinions, that the Revenew of the Lands &s;hall be imployed to increa&s;e the &s;everal &s;ti|pends of the per&s;ons appointed to be main|tained by the Devi&s;or. and if any &s;urplu|&s;age do remain, it &s;hall be imployed for the maintenance of a greater number of people, and nothing &s;hall be converted by the Devi|&s;ees, to their own u&s;e, for that it appeareth
<PB N="79" REF="43">
by the di&s;tribution of the Devi&s;or, that he intended that all the Profits of his lands, &s;hall 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 decrea&s;ed, the poor &s;hould have lo&s;t in their &s;tipends, &s;o when the Revenue of the Revenue of the Lands increa&s;e, they &s;hall gain; and the Lord <HI>Coke</HI> &s;aid, that this re&s;olution did concern all the Colledges in the <HI>&V;niver&s;ities</HI> and el&s;ewhere, for when the lands were fir&s;t given for their maintenance, and that every Scholler &s;hould have a penny half peny a day, this was then a competent allowance for a Scholler in re&s;pect of the price of victuals then and yearly value of the Land, and now the price of victuals being increa&s;ed, the fir&s;t maintenance for Schollars, is not competent for them; and as the value of the lands in|crea&s;e, &s;o ought the allowance for the Schol|lars to increa&s;e; for the Colledges &s;ei&s;ed in <HI>Jure Collegii,</HI> to the intent that the members of the Colledge, &s;hall be maintained, accor|ding to the intent of the Founder, which is, that all the Revenue and Increa&s;e of the Profits of their Lands, &s;hall be be&s;towed in the works of Charity, which the Founder
<PB N="80" REF="44">
hath expre&s;&s;ed, and that nothing &s;hould be committed to any other private u&s;es, for <HI>pa|nis egentum e&s;t vitae pauperum, &amp; qui defrau|dat eos homo &s;anguinis e&s;t,</HI> and upon con|ference with all the Judges of <HI>England,</HI> they agreed to the opinion of both the afore&s;aid Judges, and both Hou&s;es of Parliament pa&s;&s;ed the Bill accordingly, and the King a&s;&s;ented to the Bill.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Dame <HI>Billing&s;leys</HI> Ca&s;e. 12. <HI>Jac.</HI></HEAD>
<P>THe Lady <HI>Billing&s;ley,</HI> being a feme co|vert, and Admini&s;tatrix unto <HI>Martin</HI> her fir&s;t husband, made her Will, and gave 400 <ABBR><HI>l</HI></ABBR> unto Charitable u&s;es, out of 1800 <ABBR><HI>l</HI></ABBR> debt, due unto <HI>Martin</HI> upon a Statute, and dyes, Admini&s;tration of <HI>Martins</HI> goods, is committed unto others; the Executors of the Lady <HI>Billing&s;ley</HI> prove the Will, and have a&s;&s;e<GAP DESC="illegible" EXTENT="2 letters">, Commi&s;&s;ioners for charitable u&s;es make a <HI>Decree</HI> again&s;t the Executors for payment of the 400 <ABBR><HI>l</HI></ABBR> given by her unto the Charitable u&s;e.</P>
<P>Upon an Appeal, the Executors take ex|ception again&s;t the <HI>Decree:</HI> fir&s;t, that the Will is void being made by a feme covert,
<PB N="81" REF="44">
for that the Demi&s;e of the Charitable u&s;e, is to be paid but of money due upon a Sta|tute, which is a thing in action, and the Ad|mini&s;trators of <HI>Martyn</HI> have now the debt out of which the charitable u&s;e ought to be payd, but the Lord Keeper did confirm the Decree, and declared, that the Will of a Feme|covert, is not meerly voyd, unle&s;&s;e her Hu&s;|band did contradict it, and it &s;hall &s;tand good in this ca&s;e, and be a good Declaration of mo|ney to a charitable U&s;e within the Statute. Secondly, this Declaration &s;hall be good to charge her Executors to pay the charitable u&s;e, it being found that they have A&s;&s;ets, and they &s;hall be liable to pay it out of her E&s;tate, but it &s;hall not charge the Admini&s;trators of <HI>Martin,</HI> for that they be Admini&s;trators to another, and claimed immediately from <HI>Mar|tin</HI> above the Will.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Decimo quinto Jac. <HI>Colli&s;ons</HI> Ca&s;e.</HEAD>
<P><HI>COlli&s;on</HI> &s;eized of Lands in Fee in <HI>Pape &s;treet</HI> of <HI>Eltham,</HI> in 25 <HI>H.</HI> 8. &mdash; Devi&s;eth the Rents of his Lands to his Executors for repa|rations of High ways within the Pari&s;h for ever, and upon a Reference to <HI>Mountague</HI> and
<PB N="82" REF="45">
<HI>Hoboard,</HI> chief Ju&s;tices, out of the <HI>Chancerie,</HI> they certified, that this was a good Demi&s;e of the Land, and that if one do Demi&s;e the Rents and profits of his Lands to another and his Heirs, this is a good Demi&s;e of the Land it &s;elf. Secondly, although this was a voyd De|mi&s;e in Law, becau&s;e it was made in 25 <HI>H.</HI> 8. at which time no Land was Demi&s;able by the Common Law but cu&s;tomary Land, and the Statute of 32, 34 <HI>H.</HI> 8. were made divers years after, yet by the Statute, 43 <HI>Eliz.</HI> it is made good, and &s;hall be taken within that Statute, for a good limitation and appoint|ment to a charitable u&s;e, and it was Decreed according to their certificate.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Sir <HI>Tho. Middletons</HI> Ca&s;e. 1617.</HEAD>
<P><HI>SOldiers</HI> and <HI>Marriners,</HI> by a voluntary con|tribution among&s;t them&s;elves, abates out of their wages of &s;ix &s;hillings a Month, 4 <ABBR><HI>d</HI></ABBR> by the Month, and he which taketh five &s;hillings by the Month, 3 <ABBR><HI>d</HI></ABBR> by the Month, and ap|points this to be payd to Sir <HI>Tho. Middleton,</HI> to the intent that he &s;hall imploy it for re|lief of maimed <HI>Souldiers</HI> and <HI>Marriners,</HI> upon the Seas, their wives and children, and Sir
<PB N="83" REF="45">
<HI>Tho.</HI> receives by this appointment, 400<ABBR><HI>l</HI></ABBR> which he keeps in his hands about twenty years. This voluntary contribution was made by the <HI>Marriners</HI> and <HI>Soldiers</HI> attending Sir <HI>Francis Drake,</HI> and Sir <HI>John Hawkins,</HI> in their voyages to the <HI>We&s;t Indies,</HI> upon a Commi&s;&s;ion upon the Statute of <HI>Charitable &V;&s;es,</HI> this voluntary agreement and con&s;titution of the <HI>Souldiers</HI> and <HI>Marriners</HI> was proved before them, and that Sir <HI>Tho. Middleton</HI> had received by rea|&s;on thereof 400 <ABBR><HI>l</HI></ABBR> which he had detained in his hands twenty years. The Commi&s;&s;ioners make a Decree for payment of the &s;aid money, with &s;ome damages, and upon Appeal to the Lord Keeper, he confirmed this Decree.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD><HI>Rivetts</HI> Ca&s;e. 15 <HI>Jac.</HI></HEAD>
<P>A Copyholder of Land in Fee, Devi&s;eth the &s;ame to a charitable U&s;e without a &s;urrrender, Commi&s;&s;ioners make a Decree for the Land, and upon Appeal, the Decree was confirmed; for although it be a voyd Devi&s;e by the common Law, yet it is a good li|mitation and appointment of Land to a cha|ritable u&s;e, and it &s;hall bind the Heir, but not the Lord for his Fine.</P>
<P><PB N="83" REF="46">This Devi&s;e was made unto the Devi&s;ors Son and Heir, and his Heir, upon condition, that he and his Heirs &s;hould imploy the pro|fits of the Land for the relief of <HI>Stow Mar|ket</HI> in <HI>Suffolk,</HI> and after the Devi&s;or died without a Surrender to the u&s;e of his Will. In 6 <HI>Jac.</HI> the Heir having &s;old the Land to one <HI>Flick</HI> for valuable con&s;ideration of mo|ney, &s;ues out a Commi&s;&s;ion upon the Statute of <HI>charitable &V;&s;es,</HI> by fraud and covin be|tween him and <HI>Flick,</HI> to di&s;charge this Land of the charitable u&s;e, upon which Commi&s;|&s;ion, it was proved before the Commi&s;&s;ioners, that <HI>Flick</HI> had any notice of this charitable u&s;e, but it was proved that the Heir that &s;old the Land had A&s;&s;ets, both in Law and Equity, to give allowance out of his E&s;tate to main|tain this charitable u&s;e, whereupon the Com|mi&s;&s;ioners Decreed, that the Son and Heir &s;hould grant out of his own Land, the &s;umm of five Marks, and to maintain this charitable u&s;e, it being then proved, that the Land De|vi&s;ed for the charitable U&s;e, was of no great value, and they further Decree, that <HI>Flick</HI> &s;hould hold his Land di&s;charged of the charitable u&s;e: And this Decree being certified into the <HI>Chancery,</HI> and pro&s;ecuted by the Heir and <HI>Flick,</HI> with intent to di&s;|charge the Land Devi&s;ed, of the charitable
<PB N="85" REF="46">
u&s;e, the Lord Keeper confirmed it; After|wards the Pari&s;honers of <HI>Stow Market</HI> having notice of this fraud, and that the Land Devi&s;ed was worth 7 <ABBR><HI>l</HI></ABBR> 10 <ABBR><HI>s</HI></ABBR> <HI>per ann.</HI> they in 14. <HI>Jac.</HI> &s;ue out another Commi&s;&s;ion upon the &s;aid Statute, and before the Commi&s;&s;ioners it was proved that <HI>Flick</HI> had notice of this charitable u&s;e before he bought the Land. Secondly, it was proved that the fir&s;t Commi&s;|&s;ion was &s;ued out by fraud and combination between the Heir and <HI>Flick,</HI> on purpo&s;e to di&s;|charge the Land Devi&s;ed, of this charitable u&s;e. Thirdly, it was proved that the Land De|vi&s;ed was worth 7 <ABBR><HI>l</HI></ABBR> 10 <HI><ABBR>s</ABBR> per an.</HI> And fourth|ly, that the Heir had not payd the 5 Marks De|creed by the former Commi&s;sion to be payd, upon all which proofs, the latter Commi&s;|&s;ioners Decree <HI>Flicks</HI> Land for maintenance of the charitable u&s;e appointed, and the Jury having found the former Commi&s;sion to be pro&s;ecuted by fraud and combination, as afore&s;aid, they Decree that <HI>Flick</HI> &s;hall pay the full value of his Land by the year to the charitable u&s;e, from the time of his Purcha&s;e. And la&s;tly, they Decree, that the Heir that ought to have paid the 5 Marks <HI>per ann.</HI> for divers years, and hath not paid it at any time, &s;hould pay the arrerages, and then his Land to be di&s;charged from further payment of it.
<PB N="86" REF="47">
This latter Decree being certified in the <HI>Chan|cery, Flick</HI> took exception, that the &s;econd Commi&s;sion i&s;&s;ued out illegally, there having been a former Commi&s;sion and Decree, to di&s;|charge the Land of the charitable u&s;e, which was confirmed by Decree of this Court, which ought to be finall, and is not to be rever&s;ed but in Parliament, according to <HI>Andrew Hyn&s;tors</HI> Ca&s;e before; and if a Commi&s;sion upon a Commi&s;sion &s;hould i&s;&s;ue out upon this Statute, &s;uch multiplicity of Suits would ari&s;e, as that it would prove in|convenient, and multiplicity of Suits is not allowed in Law. But the Lord Keeper did confirm the &s;econd Decree, becau&s;e of the fraud and combination between the Heir and <HI>Flick</HI> in &s;uing out the fir&s;t Commi&s;sion, which was found by the Jury, and proved before the L. Keeper, and therefore he now rever&s;ed the fir&s;t Decree, and confirmed this, for that by the Law, <HI>Fraus &amp; dolus nemini patrociniam debet,</HI> but if a Decree be legally made without fraud by the Commi&s;sioners for charitable u&s;es, and upon Appeal this is confirmed in the <HI>Chancery,</HI> and where a Decree is made by Commi&s;sioners for charitable u&s;es, and this Decree confirmed in <HI>Chancery,</HI> if the Decree be not performed accordingly: now no Commi&s;sion need be &s;ued out, for upon an <HI>Affidavit</HI> made of a
<PB N="87" REF="47">
breach of the Decree, an <HI>Attachment</HI> and other <HI>Proces</HI> of cour&s;e is to i&s;&s;ue out to com|pell the parties concerned, to perform the De|cree; yet if a &s;econd Commi&s;sion do i&s;&s;ue out, it is not illegall, if nothing be decreed again&s;t the fir&s;t Decree; and upon this &s;econd Commi&s;sion, they are to decree by form of the fir&s;t Decree, if they find a breach.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Barnard Hides <HI>Ca&s;e.</HI></HEAD>
<P>TRinity, 4 <HI>Car. Barnard Hides</HI> Ca&s;e again&s;t the Pari&s;honers of <HI>Gillingham, Darford,</HI> and <HI>Sutton</HI> in <HI>Kent.</HI></P>
<P><HI>Katherine Banne</HI> grants by Deed, a Rent|&s;eek out of 208 acres of Land, for relief of the poor in tho&s;e Pari&s;hes, and limits this to com|mence after her death, and gives &s;ei&s;in of this in her life, the Rent is behind for thirty &s;ix years, <HI>Hide</HI> Purcha&s;eth the Land, having no|tice of the charitable u&s;e, and in the Grant, there was a <HI>nomine poenae</HI> of 50 <ABBR><HI>s </HI></ABBR> if the Rent be not paid by her Heirs within fourteen days after it was due by the Grant, and it was found that <HI>Hide</HI> had held the Land &s;even years, upon a Commi&s;sion for charitable u&s;es, the Commi&s;sioners Decree that <HI>Hide</HI> &s;hall pay all the arrerages for thirty &s;ix years, and al&s;o the arrerages of the <HI>nomine poenae</HI> for &s;even
<PB N="88" REF="48">
years, being the time he had enjoyed the Land, and Decree that the Grantor &s;hall di&s;train for the Rent for ever after. And the Commi&s;|&s;ioners Decree being returned in <HI>Chancery,</HI> the Lord Keeper referred it to the Judges, who re&s;olved the&s;e points: Fir&s;t, that <HI>Hide</HI> &s;hould pay all the arrerages for thirty &s;ix years, for that the Land is chargeable with the Rent, in who&s;e hands &s;oever it cometh. Secondly, that the &s;ei&s;in given by the Grantor in her life, is good, although the Rent did not commence, or was in <HI>e&s;&s;e</HI> at the time of the &s;ei&s;in given. Thirdly, if Land or Rent be given to a chari|table u&s;e, and mi&s;imployed, a Purcha&s;or which hath notice of the Gift, &s;hall not be further charged then during his own time; but where the Rent is concealed, a Purcha&s;or &s;hall an|&s;wer for all the time of the concealment, for the Land is a Debtor, <HI>&amp; tran&s;it cum onere.</HI> Fourthly, if a Rent be granted out of Land to a charitable u&s;e, and one buys the Land for a valuable con&s;ideration of money, having no notice of the charitable U&s;e and Rent, yet the Rent remains, becau&s;e it is collaterall to the Land, and another thing, and the notice re|quired by the Statute is to be given, as well of the Land, as of the charitable u&s;e. Fifthly, re|&s;olved, that the Purcha&s;or &s;hall not pay the ar|rerages of the <HI>nomine poenae,</HI> becau&s;e it was a
<PB N="89" REF="48">
per&s;onall charge upon the Heir, who ought to have paid the Rent, and it doth not charge the Land. Sixthly, when the Heir or others, char|ged to pay a charitable u&s;e, do break the tru&s;t, the Commi&s;&s;ioners may transfer the tru&s;t un|to others, as to the Churchwardens, or other Pari&s;honers of the Pari&s;h where the charitable u&s;e is to be di&s;tributed. La&s;tly, it was re&s;olved, that if a Rent &s;eek be granted to a charitable u&s;e, the Commi&s;&s;ioners by their Decree can|not make this a Rent-charge, by adding a clau&s;e of di&s;tre&s;&s;e, unle&s;&s;e it be for that this alters the nature of the Rent in the creation of it, and is again&s;t the mind of the Donor.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Mich. 14. <HI>Car. Plate</HI> and the <HI>Ma&s;ters</HI> and <HI>Fellows</HI> of St. <HI>Johns Colledge</HI> in <HI>Cambridge.</HI></HEAD>
<P><HI>PLate</HI> being &s;ei&s;ed of Copyhold Land in tayl in <HI>Highgate</HI> in <HI>Midle&s;ex,</HI> &s;ur|renders this in Court to the u&s;e of his Will, and &s;uffers a Recovery in the Court of the Mannor, in which no Judgement is given again&s;t the Vouchee, and after Devi&s;eth by his Will, this Copyhold Land, and all his Free|hold Land to his wife for life, the remainder
<PB N="90" REF="49">
to the <HI>Ma&s;ter</HI> and <HI>Fellows</HI> of St. <HI>Johns Colledge</HI> in <HI>Cambridge</HI> for maintenance of the Schollars there, the Heir of <HI>Plate</HI> enters upon the wife, to avoid the Devi&s;e, and the <HI>Ma&s;ter</HI> and <HI>Fel|lows</HI> prefer a Bill in <HI>Chancery</HI> to pre&s;erve their intere&s;t, and to have the Devi&s;e to them con|firmed. The <HI>Lord Keeper, Littleton,</HI> re&s;olves, that if no Judgement be given again&s;t the Vouchee, to have in value, in ca&s;e of a com|mon recovery to cut off an E&s;tate tayl, that it is a voyd recovery, and will not cut off an E&s;tate tayl; and as to the wife, to whom the Land was Devi&s;ed for life, the Heir had liberty given by Law to evict them, but as to the <HI>Colledge</HI> and the remainder limited to them, the <HI>Lord Keeper</HI> did declare, that the Devi&s;e is good to them by the Statute, 43 <HI>Elizabeth</HI> touching Gifts, Limitations and appointments of Lands to charitable u&s;es; for there is gift and limitation of the Land to a charitable u&s;e, which &s;hall not be avoided for want of circum&s;tance of Law to make it good; and al&s;o the <HI>Lord Keeper</HI> &s;aid, that although the <HI>Colledge</HI> was incorporated by another name then the Devi&s;e was to them, and therefore might not be capable of it, yet the Devi&s;e is good to them by the &s;aid Statute: al&s;o if the Heir avoyd the E&s;tate tayl again&s;t the Wife at Law, yet the remainder to the <HI>Colledge</HI> &s;hall
<PB N="91" REF="49">
&s;tand good, and be a remainder without a particular E&s;tate, which by rules of Law cannot be, but the&s;e defects in ca&s;es of chari|table u&s;es are made good by that Statute, by a benigne and favourable interpretation thereupon for maintenance of Charity, as it is in other ca&s;es upon Statutes for Piety and Charity.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>13 <HI>Jacobi Je&s;us Colledge</HI> Ca&s;e in Court of <HI>Wards</HI> referred to the <HI>Judges.</HI></HEAD>
<P>DOctor <HI>Floyd</HI> &s;ei&s;ed of Lands <HI>in Capite,</HI> Devi&s;eth them to <HI>Je&s;us Colledge</HI> in <HI>Ox|ford,</HI> and their Succe&s;&s;ors, to find a <HI>Fellow</HI> there, which &s;hould be of his blood and alli|ance, and it was referred to the <HI>Judges,</HI> Whe|ther this Devi&s;e be good or no, and they re&s;ol|ved and certified, that by the Common Law and Statute of Wills, the Devi&s;e was void; for the&s;e Statutes enabled per&s;ons to Devi&s;e their Lands, excepting to <HI>Corporations,</HI> for that is Mortmain: al&s;o none can Devi&s;e all their <HI>Capite</HI> Lands to any, but mu&s;t leave a third part to de&s;cend, but they certified and re|&s;olved, that although it be voyd by the Com|mon
<PB N="92" REF="50">
Law; yet the Statute of 43. <HI>Eliz.</HI> for <HI>charitable &V;&s;es,</HI> doth make this good, as a li|mitation and an appointment, and that it was good for all the Land: But if an Infant or Lu|natick, who by Law is di&s;abled to make a Will or Devi&s;e of his Land, do Devi&s;e his Land to a charitable u&s;e, this is voyd and not made good by the Statute, for want of a capacity to make a Will by Law.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>The Lord <HI>Edward Mountagues</HI> Ca&s;e in the <HI>Court</HI> of <HI>Wards. 17. Jac.</HI></HEAD>
<P>SIr <HI>Walter Mountague</HI> &s;ei&s;ed in Fee of <HI>Capite</HI> Lands in <HI>Hanging Houghton</HI> in <HI>Northampton&s;hire,</HI> conveys two parts of the&s;e lands unto u&s;es limited within the Statute of 32. and 34. <HI>H.</HI> 8 and by his Will devi&s;eth the third part, remaining in him, for maintenance of a charitable u&s;e in <HI>Wales,</HI> and upon a refe|rence unto <HI>Hobart</HI> and <HI>Tanfield,</HI> they re&s;olved, this Devi&s;e to be voyd, and was not aided by the Statute of 43. <HI>Eliz.</HI> for charitable u&s;es, for in the in&s;tant of his death, the Lands de&s;cend|ed to the Heir, and the Devi&s;or having di&s;po|&s;ed of two parts in his life, according to the
<PB N="93" REF="50">
Statute of Wills, he is di&s;abled by the Com|mon Law, and tho&s;e Statutes, as owner of the Lands, to Devi&s;e any part of his third part remaining: See Doctor <HI>Floyds</HI> Ca&s;e be|fore in <HI>Je&s;us Colledge</HI> Ca&s;e.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD><HI>Seymor</HI> again&s;t the poor of <HI>Twyford.</HI> Trinity <HI>1634.</HI></HEAD>
<P>MOney was given to charitable u&s;es, and detained a long time as concealed, the Commi&s;&s;ioners upon the &s;aid Statute, De|creed the Money to be paid with intere&s;t, after the rate of 8 <HI><ABBR>l</ABBR> per cent.</HI> and this Decree was confirmed by the <HI>Lord Keeper.</HI> So in the Ca&s;e of the Lady <HI>Mountague</HI> of <HI>Ilford,</HI> and the In|habitants of <HI>Barking</HI> in <HI>E&s;&s;ex,</HI> Sir <HI>Charles Mountague</HI> her Husband, gave by his Will 10 <ABBR><HI>l</HI></ABBR> to the poor of <HI>Barking,</HI> and made his Wife Executrix, and died, &s;he kept the Money above twelve years in her hands, and the Commi&s;&s;ioners Decreed her to pay 20 <ABBR><HI>l</HI></ABBR> for the detainig this Money, for u&s;e and principall, and the <HI>Lord Keeper</HI> Coventry confirmed this <HI>Decree</HI> about 12. <HI>Carol.</HI></P>
</DIV3>
<DIV3 TYPE="section">
<PB N="94" REF="51">
<HEAD>The Poor of <HI>Ea&s;t Green&s;tead</HI> again&s;t <HI>Howard.</HI> 8. <HI>Carol.</HI> &amp; 10.</HEAD>
<P>RE&s;olved by the <HI>Lord Keeper</HI> upon Ap|peal, to alter or confirm a <HI>Decree</HI> made by Commi&s;&s;ioners upon the Statute of <HI>Chari|table &V;&s;es,</HI> the <HI>Decree</HI> is not perpetuated, and not to be altered, but by Act of Parliament, and is to remain in the <HI>Pety Bagg,</HI> and it is in his power to make a <HI>Decree</HI> good where it is defective.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD><HI>Hungate</HI> on the part of the <HI>Inhabitants</HI> of <HI>Sherborn.</HI> 3. <HI>Carol.</HI></HEAD>
<P>A Debt owing by Statute, Bond, Judge|ment or Recognizance, which in Law is a thing in action, was given for the creation of a School, and this was <HI>Decreed</HI> to be a good appointment, within the Statute, to maintain a charitable U&s;e.</P>
</DIV3>
<DIV3 TYPE="section">
<PB N="95" REF="51">
<HEAD>Steward <HI>again&s;t</HI> Germyn. <HI>41.</HI> Eliz.</HEAD>
<P>ONe having Lands and Goods, appoints by his Will, that the &s;ame &s;hall be &s;old to maintain a charitable U&s;e, and doth not appoint by whom the &s;ale &s;hall be made, the Commi&s;&s;ioners do by their <HI>Decree,</HI> appoint that <HI>J. S.</HI> &s;hall &s;ell the&s;e Lands and Goods, and <HI>Decree</HI> his &s;ale to be good, and that the money to be rai&s;ed thereby, &s;hall be imployed to maintain the charitable U&s;e, according to the <HI>Donors</HI> Will, and this <HI>Decree</HI> was con|firmed by the <HI>Lord Keeper</HI> upon an Appeal to him.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD><HI>Hellams</HI> Ca&s;e. 5. <HI>Caroli.</HI></HEAD>
<P>A Devi&s;e was made of Lands to the Com|pany of <HI>Leather-&s;ellers</HI> in <HI>London,</HI> to maintain a charitable U&s;e there, upon a <HI>Decree</HI> by Commi&s;&s;ioners, to &s;ettle the Lands upon the Company, an Appeal was, and exception taken, for that the Company of <HI>Leather-&s;ellers</HI> was a Corporation, and the Statutes of Wills doth except Devi&s;es of Land to a Corporati|on, but the <HI>Decree</HI> was confirmed, there being many Pre&s;idents in it.</P>
</DIV3>
<DIV3 TYPE="section">
<PB N="96" REF="52">
<HEAD>The Schoole of <HI>Rugby</HI> in the County of <HI>Warwick. 2. Caroli.</HI></HEAD>
<P>ONe &s;ei&s;ed in Fee of hou&s;es in <HI>Grays-Inn Lane, London,</HI> gave the&s;e hou&s;es to cer|tain per&s;ons in Tru&s;t, to build a <HI>School</HI> at <HI>Rugby</HI> in the County of <HI>Warwick,</HI> and upon breach of the Tru&s;t, a Commi&s;&s;ion was taken out in <HI>Warwick&s;hire,</HI> to enquire of this Gift, and by a Jury there, the Gift and breach of Tru&s;t was found, and a <HI>Decree</HI> made by the Commi&s;&s;ioners in that County, to &s;ettle the lands according to the Donors Will, and up|on an Appeal, the <HI>Decree</HI> was rever&s;ed, for the <HI>Inqui&s;ition</HI> and <HI>Decree</HI> was not made, nor found by Jurors and Commi&s;&s;ioners of the County where the Lands given to &s;uch u&s;es do lie; the words of the Statute be, <HI>To enquire by the oaths of twelve men, or more of the County, of &s;uch gifts, limitations and appointments, and of the breaches of Tru&s;t of &s;uch Lands and Goods,</HI> &amp;c. which is intended to be by Jury and Commi&s;&s;ioners of that County where the Lands do lie.</P>
</DIV3>
<DIV3 TYPE="section">
<PB N="97" REF="52">
<HEAD><HI>Ken&s;ons</HI> Ca&s;e. 41. <HI>Eliz.</HI></HEAD>
<P>RE&s;olved that a Copyhold may be charg|ed or given to a charitable u&s;e.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD><HI>Wingfields</HI> Ca&s;e. 4. <HI>Car.</HI></HEAD>
<P>MOney was given for the good of the Church of <HI>Dulk,</HI> and this was re|&s;olved to be a good Gift, notwith&s;tanding the&s;e generall words.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Goffe <HI>cont.</HI> Webb. <HI>44.</HI> Eliz.</HEAD>
<P><HI>H&V;nt</HI> &s;ei&s;ed in Fee of the Rectory of <HI>Haynes</HI> in the County of <HI>Wilts,</HI> De|vi&s;ed the &s;ame to be &s;old, and the Money to be di&s;tributed unto twenty of the poor of his kindred, and by <HI>Egerton</HI> and <HI>Popham,</HI> this was adjudged a good Devi&s;e, notwith&s;tanding it doth not appear that he had any poor, kindred.</P>
</DIV3>
<DIV3 TYPE="section">
<PB N="98" REF="53">
<HEAD>Champion <HI>contra</HI> Smith. <HI>3.</HI> Jacobi.</HEAD>
<P><HI>RIdley,</HI> &s;ei&s;ed of Copyhold land in <HI>Bark|ing</HI> in <HI>E&s;&s;ex,</HI> did Devi&s;e the &s;ame to the Par&s;on and Churchwardens of in <HI>Thames-&s;treet, London,</HI> to the end that they, and four hone&s;t men of that Pari&s;h, &s;hould &s;ell this land, and imploy the Money for the poor and charitable u&s;es in that Pari&s;h. And upon an Appeal made, it was objected, that the Devi&s;e was void, becau&s;e the Par&s;on and Churchwardens were not a Corporation to take lands out of <HI>London,</HI> nor to &s;ell it for &s;uch u&s;es, but it was Decreed, that the De|vi&s;e was good, and that they had good autho|rity to &s;ell the &s;ame.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Stoddard <HI>20.</HI> Jacobi.</HEAD>
<P><HI>SToddard</HI> Devi&s;ed by parcell, a yearly Rent of 10 <HI><ABBR>l</ABBR> per ann.</HI> for ever out of his Hou&s;e, called <HI>The Swan,</HI> with 100 Marks in the <HI>Old Jury, London,</HI> for maintenance of two Schollars in <HI>Oxford</HI> and <HI>Cambridge,</HI> and wil|led, that one <HI>Hugh</HI> the Scrivener &s;hould put it into Writing, which was done accordingly,
<PB N="99" REF="53">
and this being found by Inqui&s;ition, was De|creed, and the Decree confirmed upon an Appeal, for although by Law a Rent cannot be created or granted without Deed or Will in writing; yet this <HI>Nuncupative</HI> Will was good, to create the Rent to a charitable u&s;e, by the words of the Statute of limitation or appointment; for although it be not a good Gift, yet it is a good limitation or ap|pointment.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Mayor <HI>and</HI> Burge&s;&s;es <HI>de</HI> Reading, <HI>contra</HI> Lane. <HI>43.</HI> Eliz.</HEAD>
<P>A Devi&s;e was made to the poor people maintained in the <HI>Ho&s;pitall</HI> of St. <HI>Law|rence</HI> in <HI>Reading</HI> for ever; Exception was taken, that the poor were not capable by that name, for that they were no Corporation, yet becau&s;e the <HI>Mayor</HI> and <HI>Burge&s;&s;es</HI> were capable to take Lands in Mortmain, and they did govern the <HI>Ho&s;pitall,</HI> it was Decreed, that the Defendant <HI>Lane</HI> &s;hould a&s;&s;ure the Land to the <HI>Mayor</HI> and <HI>Burge&s;&s;es</HI> for the maintenance of the &s;aid <HI>Ho&s;pitall.</HI></P>
</DIV3>
<DIV3 TYPE="section">
<PB N="100" REF="54">
<HEAD><HI>Mayor</HI> of <HI>Bri&s;toll</HI> again&s;t <HI>Whitton.</HI> 8. and 9. <HI>Caroli.</HI></HEAD>
<P>A Man Devi&s;eth Mony to a charitable u&s;e, to be be&s;towed among&s;t poor people, and the other of his goods to be imployed for &s;uch u&s;es as his Feoffees &s;hall think fit. Re&s;olved by the <HI>Lord Keeper,</HI> and the Certificate of two <HI>Judges,</HI> that although <HI>Bri&s;toll</HI> be a Cor|poration, yet the Devi&s;e to them is good.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Fi&s;her <HI>again&s;t</HI> Hill. <HI>10.</HI> Jacob.</HEAD>
<P>WHen no u&s;e is mentioned or directed in a Deed, it &s;hall be Decreed to the u&s;e of the poor, although the Feoffees be gentlemen living out of the Town, and no Inhabitants within the Town.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD><HI>Peacock</HI> again&s;t <HI>Thewer,</HI> Mich. 14. <HI>Car.</HI></HEAD>
<P>LAnds are given to a charitable u&s;e, if a Purcha&s;or buys the&s;e lands, not having notice of the charitable u&s;e, it &s;hall not bind
<PB N="101" REF="54">
the Purcha&s;or; but if a Rent be given out of lands to a charitable u&s;e, and a Purcha&s;or pur|cha&s;eth the lands for money, not having notice of the charitable u&s;e, yet he &s;hall pay the Rent, for that he doth not purcha&s;e it, but the land out of which the Rent i&s;&s;ueth, but he &s;hall not pay any more arrerages of the Rent then what was encurred during his time of pur|cha&s;e; but every occupier and owner mu&s;t an&s;wer the arrerages for his own time. See be|fore <HI>Purkhur&s;ts</HI> Ca&s;e, and the Inhabitants of <HI>Wood</HI> and <HI>Barnard Hides</HI> Ca&s;e before.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD><HI>2.</HI> Caroli, Pennyman <HI>again&s;t</HI> Jennys.</HEAD>
<P>LAnds were given to Churchwardens of a Pari&s;h, to a charitable u&s;e, although the Devi&s;e be voyd in Law, it was Decreed good in <HI>Chancery,</HI> by the words, <HI>limited</HI> and <HI>appointed</HI> within the Statute.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Trin. 15. <HI>Car. Pember</HI> again&s;t the <HI>Inha|bitants</HI> of <HI>Knighton.</HI></HEAD>
<P>MOney was given to maintain a Preach|ing Mini&s;ter, this is no charitable u&s;e
<PB N="102" REF="55">
named in the Statute, yet by the <HI>Lord Keeper</HI> and two <HI>Judges,</HI> it was Decreed to be good, and the u&s;e a charitable u&s;e, within the Equi|ty of that Statute, and the Executor was or|dered to pay that money to the charitable u&s;e for maintenance of it.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Trin. 15. <HI>Car. Peu&s;tred</HI> cont. <HI>Panyer.</HI></HEAD>
<P>A Devi&s;eth 20 <HI><ABBR>l</ABBR> per ann.</HI> to a Preaching Mini&s;ter, and makes his wife Executrix, and dyes, leaving Lands and A&s;&s;ets in Goods, the Executrix refu&s;eth to buy Lands or a Rent of that value, the <HI>Lord Keeper,</HI> and two <HI>Judges</HI> Decree, the Executrix to buy Lands to that value, and to a&s;&s;ure it for the chari|table u&s;e.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Trin. 15. <HI>Car. Bramble</HI> again&s;t the poor of <HI>Havering.</HI></HEAD>
<P>A Feme covert maketh a Will, and de|vi&s;eth 30 <HI><ABBR>s</ABBR> per ann.</HI> out of &s;ome of her own Lands to a charitable u&s;e; the Heir &s;ub|mits him&s;elf to an Award, and is bound to perform it; the Arbitrators do Award the
<PB N="103" REF="55">
payment of it: yet by Decree the Heir is di&s;charged to pay it, and that the Devi&s;e was voyd, <HI>ab initio,</HI> &s;o of an Infant, and other per&s;ons di&s;abled in Law to make a Will, or to Devi&s;e Lands.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD><HI>Mayor</HI> de <HI>Londons</HI> Ca&s;e.</HEAD>
<P>LAnds were Devi&s;ed to the <HI>Mayor</HI> and <HI>Chamberlain</HI> of <HI>London,</HI> to the u&s;e of the <HI>Ma&s;ter</HI> and <HI>Governors</HI> of the <HI>Ho&s;pitall</HI> of St. <HI>Bartholomew, London.</HI> Re&s;olved, that Devi&s;e is good, although the Corporation be not incorporated by that name, but by the name of <HI>Mayor and Commonalty;</HI> for the intent of the Devi&s;or &s;hall be ob&s;erved: and it appears that the Devi&s;or intended to give it to the Corporation of <HI>London:</HI> Al&s;o the Will is, To maintain an <HI>Ho&s;pitall,</HI> which is a charitable u&s;e, which the Law ought to favour.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD><HI>Pauperes</HI> de <HI>Chelmsford,</HI> &amp; Sir <HI>Henry Mildmay,</HI> Minh. 1649.</HEAD>
<P>KIng <HI>Edward</HI> 6. founded a Free-School in <HI>Chelmsford,</HI> and made it a Corporation of Guardians, Ma&s;ter and U&s;her, and gave
<PB N="104" REF="56">
<HI>Chantery</HI> to them and their &s;ucce&s;&s;ors, to the value of 300 <HI><ABBR>l</ABBR> per ann.</HI> at this day, to main|tain the <HI>Ma&s;ter, &V;&s;her,</HI> and certain poor people in <HI>Chelmesford</HI> and <HI>Moul&s;ham,</HI> and appointed, that the Rents, I&s;&s;ues, and Profits of their lands &s;hould be imployed for their maintenance, and not otherwi&s;e; and appointed the Lord <HI>Peter,</HI> and the Heirs males of his body, Sir <HI>Tho. Mildmay,</HI> and the Heirs males of his body, Sir <HI>Jo. Tirril,</HI> and the Heirs males of his body, and Sir <HI>Humfrey Mildmay,</HI> and the Heirs mals of his body, &s;hould be Go|vernors of the &s;aid Free-School and Lands; and that none under the degree of a Knight, &s;hould be one of the Governors, the Governors make Lea&s;es of the Lands at under values for Fines and &s;mall Rents, according as they were at the fir&s;t Foundation. The Commi&s;&s;ioners Decree the Government and Ordering of the Lands to others, by rea&s;on of their breach of Tru&s;t. Sir <HI>Henry Mildmay</HI> of <HI>Moul&s;ham</HI> neer <HI>Chelmsford,</HI> being the chief man that recei|ved the Rents, let the Lea&s;es, and defrauded the Tru&s;t, the re&s;t of the Governors Heirs being within age, or beyond the Seas, put in Exception to the Decree. Fir&s;t, that the Cor|poration had &s;peciall Vi&s;itors appointed, and &s;o within the <HI>Provi&s;o</HI> of the Statute: Se|condly, for that the Decree is again&s;t the
<PB N="105" REF="56">
Founders intent, who would have none un|der the degree of Knight to be a Governor, to which was an&s;wered, That when the Vi|&s;itors break the Tru&s;t, they may be que&s;ti|oned by Decree of the Commi&s;&s;ioners, as is the Ca&s;e of the School of <HI>Morpeth,</HI> and other Ca&s;es before cited. Thirdly, that the generall intent was of <HI>Edw.</HI> 6. that the Pro|fits of the Lands &s;hould be &s;olely converted for the u&s;e of the School and poor, and that the Vi&s;itors and their Heirs, &s;hould make no profit of it, and that of being a Knight, was but for the Honour of the Family, appoin|ted Governors, and they all being per&s;ons of great Po&s;&s;e&s;&s;ions, and living neer <HI>Chelm&s;|ford.</HI> But the Lords Commi&s;&s;ioners rever&s;ed the Decree, by rea&s;on of the <HI>Provi&s;o</HI> in the Statute, and ordered that a Bill be exhibited again&s;t the now Vi&s;itors and Governors, and that upon proof of their breach of Tru&s;t, a cour&s;e &s;hould be taken for relief of the School and Poor, according to the intent of the Founder.</P>
</DIV3>
<DIV3 TYPE="section">
<PB N="106" REF="57">
<HEAD>The Ca&s;e where a <HI>Tenant in Capite,</HI> Devi&s;ed all his Lands to a charitable &V;&s;e.</HEAD>
<P>TH. &s;ei&s;ed in Fee of the Mannor of <HI>L.</HI> held in <HI>Socage,</HI> and of 54 acres of Mar&s;h|land, held <HI>in Capite,</HI> devi&s;eth all the <HI>Socage-lands</HI> to <HI>C. Ho&s;pitall</HI> in <HI>L.</HI> paying 1000 <ABBR><HI>l</HI></ABBR> after the death of <HI>A.</HI> the wife of <HI>T. H.</HI> as &s;he in her life time &s;hould appoint the &s;ame to be payd.</P>
<P>Part of the <HI>Socage-lands</HI> Devi&s;ed to the <HI>Ho&s;pitall,</HI> is by Commi&s;&s;ion of the Court of <HI>Wards,</HI> &s;et out to <HI>N. H.</HI> the Heir, for his third part. <HI>A. H.</HI> dies, and the <HI>Ho&s;pitall</HI> pays the 1000 <ABBR><HI>l</HI></ABBR> The Commi&s;&s;ioners for charitable u&s;es have Decreed to the <HI>Ho&s;pitall,</HI> all the <HI>Socage lands</HI> Devi&s;ed to the u&s;e of the poor. This being the &s;ub&s;tance of the Ca&s;e, the que&s;tions hereupon ari&s;ing upon the Appeal, were: Whether the <HI>Devi&s;e</HI> to the chari|table u&s;es be good, and whether the Com|mi&s;&s;ioners had power to decree the whole <HI>Socage lands</HI> devi&s;ed, or but two parts only. It was agreed that by the Statutes of 32 and 34 <HI>Henry</HI> 8. the <HI>Devi&s;e</HI> is voyd for a third part. But it was in&s;i&s;ted upon, that although
<PB N="107" REF="57">
the <HI>Devi&s;e</HI> be voyd for a third part by tho&s;e Statutes, yet this is &s;uch a limitation and ap|pointment within the Statute of 43. <HI>Eliz.</HI> as doth well enable the Commi&s;&s;ioners for chari|table u&s;es to <HI>Decree</HI> the whole.</P>
<P>Fir&s;t, That it hath been generally held, that the Statute of 43. <HI>Eliz.</HI> for charitable U&s;es, doth &s;upply all the defects of a&s;&s;u|rances where the <HI>Donor</HI> is of a capacity to di&s;po&s;e, and hath &s;uch an E&s;tate as is any ways di&s;po&s;eable by him. And upon this ground it hath been held, That if a Copy|holder doth di&s;po&s;e of <HI>Copyhold lands</HI> to a charitable u&s;e, without a Surrender, or if Tenants in tayl do convey land to a chari|table u&s;e without a Fine, or if a rever&s;ion be granted without Attornment or Inrol|ment, and divers other the like ca&s;es; yet the&s;e defects are &s;upplied by the Statute of 43. <HI>Eliz.</HI> becau&s;e the <HI>Donor</HI> had a di&s;po|&s;ing power of the E&s;tate, and this is a good limitation and appointment within this Sta|tute: But it is true, if an Infant, Lunatick, or any other per&s;on, who hath not capacity to di&s;po&s;e an E&s;tate, &s;hall grant to a cha|ritable u&s;e, this defect is not &s;upplied by this Statute: and this difference is re&s;olved in <HI>Colli&s;ons</HI> Ca&s;e, 15. <HI>Jacob.</HI> in the Lord <HI>Hobarts</HI> Reports, <HI>folio</HI> 136.</P>
<P><PB N="108" REF="58">Secondly, the words of the Statute of 43. <HI>Eliz.</HI> are very con&s;iderable in this Ca&s;e, for although the Statute doth give power to the <HI>Lord Chancellor,</HI> or <HI>Lord Keeper,</HI> up|on complaint to them made, to adnull, di|mini&s;h, alter, or enlarge any <HI>Decree</HI> made by the Commi&s;&s;ioners for charitable u&s;es: yet the &s;ame is with this limitation, &s;o far as may &s;tand with Equity and good con&s;cience, according to the true intent and meaning of the <HI>Donor</HI> and <HI>Founder</HI> thereof.</P>
<P>Whereby it doth appear, that in all Gifts, Appointments, Limitations and A&s;&s;ignments within that Statute, &s;peciall regard is to be had to the intent of the <HI>Donor,</HI> and this power of adnulling, dimini&s;hing, altering or enlarging <HI>Decrees</HI> made by the Commi&s;|&s;ioners for charitable u&s;es, is appropriated &s;olely to the <HI>Lord Choncellor,</HI> or <HI>Lord Keeper,</HI> and not to any other, and to proceed there|in according to Equity and good con&s;cience.</P>
<P>Thirdly, the Ca&s;e of <HI>G. L.</HI> Hillar. 13. <HI>Jac.</HI> reported by the <HI>Lord Hobart,</HI> fol. 136. doth re&s;olve the point in que&s;tion: Where the Ca&s;e being, that <HI>G. L.</HI> being &s;ei&s;ed in Fee of lands in <HI>Cardigan,</HI> 1571. in <HI>Augu&s;t,</HI> 25. <HI>Eliz. Devi&s;ed</HI> the &s;ame land to <HI>A.</HI> his wife for life, and after to <HI>J.</HI> his daughter for life, and after the&s;e lives ended, to the
<PB N="109" REF="58">
principall Fellows and Schollars of <HI>Je&s;us Col|ledge</HI> in <HI>Oxford,</HI> and their &s;ucce&s;&s;ors, to find a Schollar of his Blood from time to time, and dyed, the lives ended, <HI>B. L.</HI> the Heir of <HI>G. L.</HI> being the Kings VVard, entred, and upon a Ca&s;e made hereof in the Court of <HI>Wards,</HI> and by order of that Court, brought to the <HI>Lord Hobard,</HI> then Chief Ju&s;tice of the <HI>Common Pleas,</HI> and the Lord Chief Ba|ron <HI>Tanfield</HI> to be re&s;olved of by them, who agreed, and &s;o certified, that the <HI>Devi&s;e</HI> was void in Law, becau&s;e the Statute of Wills did not allow <HI>Devi&s;es</HI> to Corporations in <HI>Mort|main,</HI> yet they held it cleerly within the relief of the Statute of charitable U&s;es of 43. <HI>Eliz.</HI> under the words, <HI>limited and ap|pointed,</HI> and &s;o it was <HI>Decreed,</HI> that the <HI>Col|ledge</HI> &s;hould enjoy it again&s;t the Ward and his Heirs.</P>
<P>The Ca&s;e of <HI>Colli&s;on,</HI> 15. <HI>Jac.</HI> Reported likewi&s;e by the <HI>Lord Hobard,</HI> fol. 136. Re|&s;olved the point in que&s;tion, where the Ca&s;e being, That <HI>Colli&s;on,</HI> 15. <HI>Hen.</HI> 8. <HI>Devi&s;ed</HI> a Hou&s;e in <HI>Etham</HI> in <HI>Kent,</HI> to <HI>L.</HI> his Wife for life, and after her death, made <HI>J. K.</HI> and others, Feoffees (as he called them) in the &s;aid Hou&s;e, to keep it in reparations, and to be&s;tow the re&s;t of the profits upon the repa|ration of certain Highways there, <HI>Colli&s;on</HI>
<PB N="110" REF="59">
and his Wife died, and the Hou&s;e de&s;cended to <HI>O. R.</HI> an Infant This Ca&s;e being in <HI>Chancerie</HI> between the Pari&s;honers and <HI>B.</HI> was referred by the Court to the Lord <HI>Hobart,</HI> and the <HI>Lord Chief Baron Tanfield,</HI> who re|&s;olved it clearly, that though the <HI>Devi&s;e</HI> were utterly void, yet it was within the relief of the Statute of 43. <HI>Eliz.</HI> within the words, <HI>limited and appointed to charitable &V;&s;es.</HI></P>
<P>This <HI>Decree</HI> was lately confirmed by the Lords Commi&s;&s;ioners, Keepers of the Great Seal, for that it fully appeared to them, that it was the true intent and meaning of <HI>A. H.</HI> the <HI>Donor,</HI> that all the lands in que&s;tion &s;hould go to the <HI>Ho&s;pitall.</HI></P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<PB N="111" REF="59">
<HEAD>Inqui&s;itions.</HEAD>
<DIV3 TYPE="section">
<P><NOTE PLACE="marg">Devon. &s;&s;.</NOTE>AN <HI>Inqui&s;ition</HI> taken, <HI>&amp;c.</HI> Be|fore, <HI>&amp;c.</HI> By vertue of a Commi&s;&s;ion under the Great Seal of <HI>England,</HI> bearing date at <HI>We&s;tmin&s;ter,</HI> the 6. day of <HI>M.</HI> in the year of our Lord God, 1650. to them, and divers other per&s;ons, dwelling and inhabiting within the &s;aid County, directed, for the due execution of a Statute, made in the high Court of Parliament, holden the 27. day of <HI>O.</HI> in the 43. year of the Reign of our late Soveraigne Lady, Queen <HI>Eliz.</HI> Intituled, <HI>An Act to re|dre&s;&s;e the mi&s;imployment of Lands, Goods, and Stocks of Money heretofore given to charitable &V;&s;es, by the oaths of,</HI> &amp;c, good and lawfull men of the &s;aid County of <HI>D.</HI> who being &s;worn, <HI>&amp;c.</HI> &s;ay upon their oath, That <HI>J. T.</HI> late of <HI>L.</HI> Merchant, decea&s;ed, was in his life time, and at the time of his death, po&s;&s;e&s;&s;ed of a per&s;onall E&s;tate of great value: And that the &s;aid <HI>J. T.</HI> did heretofore make his la&s;t Will and Te&s;tament, bearing date the tenth day of <HI>O.</HI> which was in the year of our Lord God, 1649. And by the &s;ame Will did no|minate, con&s;titute, and appoint <HI>W. L.</HI> of <HI>T.</HI>
<PB N="112" REF="60">
and <HI>T. H.</HI> of <HI>L.</HI> in the County of <HI>C.</HI> Gent. the Executor of the &s;aid Will: And that af|terwards the &s;aid <HI>J. T.</HI> did make a <HI>Codicil</HI> which was annexed to his &s;aid la&s;t Will and Te&s;tament, and which he did appoint to be part of his &s;aid Will: And that the &s;aid <HI>J. T.</HI> in and by the &s;aid <HI>Codicil,</HI> did among other things, make &s;uch recitall, di&s;po&s;ition, limitation, and appointment, as followeth in the&s;e words, <HI>That is to &s;ay,</HI> And whereas I have not fini&s;hed the <HI>Alm&s;hou&s;es</HI> by me alrea|dy begun, and do intend that eight poor people of the &s;aid Pari&s;h of <HI>M.</HI> &s;hall be placed therein, when fini&s;hed, and receive fifty &s;hillings a piece yearly by quartery pay|ments for their maintenance during their lives and purpo&s;e that the &s;ame &s;hall be &s;o continu|ed and &s;upplied for ever, with poor people of that Pari&s;h, and with that yearly maintenance. Now I <HI>J. T.</HI> Te&s;tator, named in the &s;aid Will, do hereby will and appoint mine Exe|cutors, <HI>W. L.</HI> and <HI>T. H.</HI> in my &s;aid Will, named, to fini&s;h the &s;aid <HI>Alm&s;hou&s;es</HI> with all &s;peed, out of the &s;urplu&s;s of my E&s;tate not di&s;po&s;ed by the &s;aid Will, nor by this <HI>Codicil,</HI> and likewi&s;e therewith to purcha&s;e &s;o much Freehold land in fee &s;imple, and &s;ettle &amp; a&s;&s;ure the &s;ame upon Feoffees for the maintenance of eight poor people of <HI>M.</HI> Pari&s;h afore&s;aid
<PB N="113" REF="60">
for ever, to be placed in the &s;aid <HI>Alm&s;hou&s;es,</HI> at <HI>M.</HI> afore&s;aid, as &s;hall be convenient. And the Jurors afore&s;aid do further &s;ay upon their oaths, That the &s;aid <HI>J. T.</HI> afterwards, <HI>that is to &s;ay,</HI> on the 22^t^h day of <HI>D.</HI> died. And that the &s;aid <HI>W. L.</HI> and <HI>T. H.</HI> proved the &s;aid Will and <HI>Codicil</HI> of the &s;aid <HI>J. T.</HI> and took upon them the execution thereof: And that they the &s;aid <HI>W. L.</HI> and <HI>T. H.</HI> after the death of the &s;aid <HI>J. T.</HI> did fini&s;h the building of the &s;aid <HI>Alm&s;hou&s;es</HI> before mentioned, out of the E&s;tate of the &s;aid <HI>J. T.</HI> And that the &s;aid <HI>T. H.</HI> did place eight poor people in the &s;aid <HI>Alm&s;hou&s;es</HI> there: But the Jurors afore&s;aid do likewi&s;e &s;ay upon their oaths, That the &s;aid <HI>W. L.</HI> and <HI>T. H.</HI> in the &s;aid Will of the &s;aid <HI>J. T.</HI> named, have not, nor either of them, hath out of the E&s;tate of the &s;aid <HI>J. T.</HI> (ap|pointed or limited for that purpo&s;e, or other|wi&s;e) as yet purcha&s;ed, &s;ettled, or a&s;&s;ured Freehold Land in Fee &s;imple, of the clear yeary value of 20 <ABBR><HI>l</HI></ABBR> by the year, as by the &s;aid Will and <HI>Codicil</HI> is intended and appoint|ed upon Feoffees or Tru&s;tees for the main|tenance of eight poor people of <HI>M.</HI> afore|&s;aid for ever; placed, and to be placed in the &s;aid <HI>Alm&s;hou&s;es,</HI> as by the &s;aid <HI>Codicil</HI> is di|rected, limited and appointed; And that in further breach of the Tru&s;t in them, the &s;aid
<PB N="114" REF="61">
<HI>W. L.</HI> and <HI>T. H.</HI> repo&s;ed in and by the &s;aid Will and <HI>Codicil.</HI> They the &s;aid <HI>W. L.</HI> and <HI>T. H.</HI> have not paid unto the poor people formerly placed in the &s;aid <HI>Alm&s;hou&s;es,</HI> and now remaining there, namely <HI>A B.</HI> &amp;c. their &s;everall and re&s;pective yearly allowances of 50 <ABBR><HI>s</HI></ABBR> the year, appointed them by the &s;aid, <HI>J. T.</HI> as afore&s;aid by the &s;pace of two years, ending at the Fea&s;t of the <HI>Annunciation</HI> of the ble&s;&s;ed Virgin <HI>Mary</HI> la&s;t pa&s;t, amounting in all, to the &s;umm of 20 <ABBR><HI>l</HI></ABBR> but do detain and withhold the &s;ame money from them the &s;aid poor people. And the &s;aid Jurors do further &s;ay upon their oaths, That the &s;aid <HI>W. L.</HI> and <HI>T. H.</HI> have A&s;&s;ets of the &s;aid <HI>J. T.</HI> in their hands (of the &s;urplu&s;s of his E&s;tate not di&s;po&s;ed of by his &s;aid Will and <HI>Codicil</HI>) &s;ufficient to purcha&s;e &s;o much Freehold land in Fee &s;imple, as may be convenient for the maintenance of eight poor people, placed and to be placed in the &s;aid <HI>Alm&s;hou&s;es</HI> in &s;uch manner as the &s;aid <HI>J. T.</HI> hath in and by his &s;aid Will and <HI>Codicil</HI> willed, directed, limited and appointed. In Witne&s;&s;e, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="section">
<PB N="115" REF="61">
<P><NOTE PLACE="marg">Devon. &s;&s;.</NOTE>AT <HI>S.</HI> in the &s;aid County, the 19. day of <HI>J.</HI> in 11. year of the Reign of our Soveraign Lord, <HI>Charles,</HI> by the Grace of God, King of <HI>England, Scotland, France</HI> and <HI>Ireland,</HI> Defender of the Faith, <HI>&amp;c.</HI></P>
<P>Whereas a Commi&s;&s;ion under the Great Seal of <HI>England,</HI> bearing date at <HI>We&s;t.</HI> the 8. day of <HI>Febr.</HI> la&s;t, hath been directed among&s;t others, to Sir <HI>W.R.</HI> K^n^t^. <HI>&amp;c.</HI> and to divers other per&s;ons, dwelling and inhabiting within the &s;aid County, authorizing them, or any four or more of them, to enquire, as well by the oaths of twelve good and lawfull men, or more of the &s;aid County, as by other good and lawfull ways and means of all and &s;ingular Lands, Te|nements, Rents, Annuities, Profits, Goods, Chattels, Money and &s;tocks of Money here|tofore given, limited, appointed and a&s;&s;igned by any well di&s;po&s;ed per&s;on, to or for any the charitable and godly u&s;es in the &s;aid Commi&s;|&s;ion mentioned within the &s;aid County. And of the abu&s;es, breaches of Tru&s;ts, negligences, mi&s;imployments, not imploying, concealing, defrauding, mi&s;converting or mi&s;government of the &s;aid Lands, Tenements, Rents, Annui|ties, and other things; and for the &s;etting down &s;uch Orders, Judgements, and Decrees,
<PB N="116" REF="62">
as that the &s;ame Lands, Tenements, Rents, Annuities, Profits, Goods, Chattels, Mo|ney, and Stocks of Money, may be duly and faithfully imployed, to and for the chari|table U&s;e and Intents for which they were given, limited, a&s;&s;igned, or appointed by the <HI>Donors</HI> and <HI>Founders</HI> thereof, according to a Statute made in the 43. year of the Reign of the late Queen <HI>Elizabeth,</HI> intituled, <HI>An Act to Redre&s;&s;e the Mi&s;imployments of Lands, Goods and Stocks of Money given to charitable &V;&s;es.</HI> And whereas the &s;aid Sir <HI>W. R.</HI> &amp;c. being &s;even of the Commi&s;&s;ioners named and authorized, in and by the &s;aid Commi&s;&s;ion, meeting for the execution of the &s;aid Com|mi&s;&s;ion, at the day and place afore&s;aid, it was then and there found by the oaths of <HI>F. M. J. B.</HI> &amp;c. good and lawfull men of the &s;aid County, duly &s;ummoned, impannelled, and &s;worn, according to the &s;aid Statute and Commi&s;&s;ion, that <HI>A. B.</HI> &amp;c. and <HI>J.</HI> his wife, by their Writing under their Seals, bearing date the 20 day of <HI>J.</HI> in the fifth year of the Reign of the &s;aid Queen; and by and accord|ing to a Grant and Licen&s;e from the &s;aid Queen duly obtained, did Found, Erect, and incorporate a Free School in <HI>C.</HI> by the name of the <HI>School-Ma&s;ter</HI> and <HI>Guardians</HI> of the Lands, Tenements and po&s;&s;e&s;&s;ions of
<PB N="117" REF="62">
the <HI>Grammar-School</HI> of <HI>A. B.</HI> <ABBR>E&s;q</ABBR> in <HI>C.</HI> in the County of <HI>D.</HI> and did name and appoint <HI>G. H.</HI> Presbyter, <HI>School-ma&s;ter,</HI> and <HI>A. B.</HI> and <HI>C. D.</HI> Guardians of the &s;aid Lands, Tenements, and Po&s;&s;e&s;&s;ions, who by vertue thereof were <HI>School-ma&s;ter</HI> and <HI>Guardians</HI> of the Lands, Te|nements, and Po&s;&s;e&s;&s;ions of the &s;aid <HI>Grammar-School,</HI> and became and were one body Corpo|rate and politick, both in name &amp; thing: And that the &s;aid <HI>School</HI> being &s;o erected, founded and e&s;tabli&s;hed, and the <HI>School-ma&s;ter</HI> thereof, and the <HI>Guardians</HI> of the Lands, Tenements and Po&s;&s;e&s;&s;ions of the &s;ame <HI>School</HI> being a body Corporate and Politick, as afore&s;aid, the &s;aid <HI>A. B.</HI> did make his la&s;t Will and Te&s;ta|ment in Writing, bearing date, <HI>&amp;c.</HI> and by the &s;ame his &s;aid la&s;t Will, according to the licen&s;e of the &s;aid Queen in that behalf grant|ed, did (among other things) give and be|queath to <HI>J. G.</HI> the Mannor of <HI>D.</HI> with the Appurtenances, in the &s;aid County of <HI>D.</HI> for the term of 21. years, paying yearly, during the &s;aid term, the Rent of 20 <ABBR><HI>l</HI></ABBR> And that the &s;aid <HI>A. B.</HI> by the &s;ame his &s;aid Will, did give and bequeath the Rever&s;ion and Remainder thereof, with the &s;aid Rent, to the &s;aid <HI>School-ma&s;ter</HI> and <HI>Guardians,</HI> To have and to hold the &s;aid Mannor and the &s;aid Rent and the Rever&s;ion thereof to them and their &s;ucce&s;&s;ors
<PB N="118" REF="63">
for ever, to the intent that with the I&s;&s;ues and Profits thereof, they &s;hould find &s;ix poor folks in <HI>S.</HI> in &s;uch manner as by him or his Executors &s;hould be appointed. And that afterwards, in the Term of <HI>Ea&s;ter, viz.</HI> On <HI>Wedne&s;day,</HI> being the third day of <HI>May,</HI> in the twentieth year of the Reign of our &s;aid late Soveraign Lady, Queen <HI>Eliz.</HI> It was (among other things) by the Right Honorable, Sir <HI>N. B.</HI> Knight, then <HI>Lord Keeper</HI> of the Great Seal of <HI>England,</HI> and her Maje&s;ties Court of <HI>Chancery</HI> (by the a&s;&s;ent and con&s;ent of <HI>W. B.</HI> <ABBR>E&s;q</ABBR> Co&s;in and Heir to the &s;aid <HI>A. B.</HI> Patron of the &s;aid <HI>Grammar-School</HI>) Ordered, adjudged and Decreed, That the Statutes, Ordinances and Con&s;titutions of and for the &s;aid <HI>Grammar-School;</HI> and of and for the relief of certain poor people within the Pari&s;h of <HI>S.</HI> afore&s;aid, of the foundation of the &s;aid <HI>A. B.</HI> and Dame <HI>J.</HI> his wife, &s;hould be made and ordered by the appointment of <HI>E.</HI> then Bi&s;hop of <HI>Exeter,</HI> or of his Succe&s;&s;ors, and of <HI>A. N.</HI> then Dean of the <HI>Cathedrall Church</HI> of St. <HI>P.</HI> in <HI>E.</HI> or his Succe&s;&s;ors, and of the &s;aid <HI>W. B.</HI> or his Heirs, and that <HI>G.</HI> late Bi&s;hop of <HI>E.</HI> Succe&s;&s;or to the &s;aid <HI>E.</HI> Bi&s;hop of <HI>London,</HI> or <HI>A. B.</HI> of <HI>S.</HI> afore&s;aid Knight, Co&s;in and Heir to the &s;aid <HI>A. B.</HI> decea&s;ed, and Co&s;in and Heir to the &s;aid <HI>W. B.</HI> E&s;quire, and Patron of the &s;aid <HI>Grammar-School,</HI> and <HI>J. D.</HI>
<PB N="119" REF="63">
Dean of the &s;aid <HI>Cathedral Church</HI> of St. <HI>P.</HI> in <HI>E.</HI> by a certain Writing indented, bearing date the 8. day of <HI>J.</HI> in the tenth year of the Reign of our late Soveraign Lord, King <HI>James</HI> over this Realm of <HI>England, An. Dom.</HI> 1612. did in performance of the &s;aid <HI>Decree,</HI> make, ordain, publi&s;h, and declare, divers Statutes, Ordinances, and Con&s;titutions concerning the &s;aid <HI>Grammar-School,</HI> the <HI>School-ma&s;ter,</HI> Guar|dians, and Po&s;&s;e&s;&s;ions of the &s;ame, and that they the &s;aid <HI>G.</HI> Bi&s;hop of <HI>E.</HI> Sir <HI>A. B.</HI> the Heir of <HI>J. D.</HI> Dean of St. <HI>P.</HI> did in and by the &s;aid Writing indented, among&s;t other things, by vertue of the &s;aid <HI>Decree</HI> in parti|cular, make, ordain, publi&s;h and declare, cer|tain Ordinances and Con&s;titutions concerning the Lands, Tenements and Po&s;&s;e&s;&s;ions of the &s;aid <HI>School,</HI> in the&s;e words following: 1. <HI>Item,</HI> All Lea&s;es to be made by the &s;aid Corporati|on of any their Lands, Tenements, or Here|ditaments, being in the hands of any Farmer or Farmers, by vertue of any old or former Lea&s;e for years, &s;hall be utterly void, unle&s;&s;e the &s;ame old or former Lea&s;e for years be within 14. years expiration of the &s;aid years by effluction of time at the making of the &s;aid new Lea&s;e, and be &s;urrendered within one year next after the making of the &s;ame Lea&s;e. 2. <HI>Item,</HI> The &s;aid Corporation &s;hall do their
<PB N="120" REF="64">
be&s;t endeavour for the pre&s;ervation and ad|vancement of their Po&s;&s;e&s;&s;ions, Rents and Re|venues, without making or con&s;enting to any di&s;heri&s;on to be had or made to the &s;aid Cor|poration in any thing. 3. <HI>Item,</HI> The &s;aid <HI>School-ma&s;ter</HI> and Guardians &s;hall not have any power to do or &s;uffer any act to the di&s;|heri&s;on of the &s;aid Corporation, without the con&s;ent of the Bi&s;hop of <HI>E.</HI> and of the Patron for the time being: And that <HI>G. H.</HI> late <HI>School ma&s;ter</HI> of the &s;aid <HI>Grammar-School,</HI> and <HI>J. W.</HI> and <HI>W. C.</HI> late Guardians of the Lands, Tenements and Po&s;&s;e&s;&s;ions of the &s;ame <HI>School,</HI> by a certain Deed indented, written in Parlia|ment, and &s;ealed with the common Seal of the &s;aid Corporation, bearing date the 10. day of <HI>J.</HI> in the &s;econd year of the Reign of his Ma|je&s;ty that now is, did with one a&s;&s;ent and con|&s;ent, Demi&s;e, Grant, betake, and to Farm let unto one <HI>F. R.</HI> late of <HI>L.</HI> Gent. his Exe|cutors and A&s;&s;ignes the &s;aid Mannor of <HI>D.</HI> with the Appurtenances thereunto be|longing, for the term of one and twenty years, to commence from the Fea&s;t day of the birth of our Lord God then la&s;t pa&s;t before the date of the &s;ame Indenture of Demi&s;e, at, for, and under the yearly Rent of 20 <ABBR><HI>l</HI></ABBR> of law|full money of <HI>England:</HI> And the &s;aid <HI>T. W.</HI> late <HI>School-ma&s;ter</HI> of the &s;aid <HI>Grammar-School,</HI>
<PB N="121" REF="64">
Succe&s;&s;or to the &s;aid <HI>G. H.</HI> and <HI>J. F.</HI> and <HI>G. O.</HI> Guardians of the Lands, Tenements, and Po&s;&s;e&s;&s;ions of the &s;ame <HI>School</HI> by a cer|tain Indenture, bearing date the 8. day of <HI>N.</HI> in the 13. year of his now Maje&s;ties Reign, reciting the &s;aid former Lea&s;e &s;o made to the &s;aid <HI>F. R.</HI> as afore&s;aid, did Demi&s;e, Grant, &s;et and to Farm let, unto <HI>H. J.</HI> late of <HI>P.</HI> in the &s;aid County of <HI>D.</HI> E&s;quire, his Execu|tors and A&s;&s;ignes, all that the afore&s;aid Man|nor of <HI>D.</HI> with the Appurtenances, together with all the Lands, <HI>&amp;c.</HI> thereunto belonging, To have and to hold the &s;aid Mannor and Pre|mi&s;&s;es to the &s;aid <HI>H. J.</HI> his Executors. Ad|mini&s;trators and A&s;&s;ignes, from the end and expiration of the &s;aid fir&s;t mentioned Inden|ture of Lea&s;e, <HI>That is to &s;ay,</HI> from the Fea&s;t of the Birth of our Lord God, which &s;hall be in the year of our Lord God, 1642. unto the end and term of one and twenty years from thence forth, next and immediately en|&s;uing, and fully to be compleat and ended, for and under the yearly Rent of 50 <ABBR><HI>l</HI></ABBR> of lawfull money of <HI>England;</HI> and that the &s;ame la&s;t mentioned Lea&s;e or Demi&s;e was allowed of by <HI>P. L.</HI> and Dame <HI>E. B.</HI> his Wife, as Patrons of the &s;ame <HI>School:</HI> And that the &s;aid old or former Lea&s;e made and granted of the &s;aid Mannor of <HI>D.</HI> and Premi&s;&s;es, with the Ap|purtenances
<PB N="122" REF="65">
by the &s;aid <HI>J. H.</HI> precedent <HI>School-ma&s;ter,</HI> and the &s;aid <HI>T. C. J. W.</HI> and <HI>W. C.</HI> to the &s;aid <HI>F. R</HI> as afore&s;aid, was not with|in 14. years of expiration of the years there|by granted by effluction of time at the making of the &s;aid new Lea&s;e by the &s;aid <HI>T. C. J. W.</HI> and <HI>G. G.</HI> to the &s;aid <HI>H. J.</HI> as afore&s;aid, nei|ther was the &s;ame old or former Lea&s;e &s;o made and granted to the &s;aid <HI>F. R.</HI> by the &s;aid <HI>J. H.</HI> and <HI>J. B.</HI> as afore&s;aid, &s;urrendred or other|wi&s;e avoided within one year next after the making of the &s;aid new Lea&s;e to the &s;aid <HI>H. J.</HI> nor at any time &s;ithence. And that the &s;aid Mannor of <HI>D.</HI> yet is, and at the time of the making of the &s;aid Lea&s;e to the &s;aid <HI>H. J.</HI> was worth 60 <ABBR><HI>l</HI></ABBR> of lawfull money of <HI>England, per ann.</HI> And that the &s;aid <HI>T. C.</HI> is dead, and that <HI>T. O.</HI> Presbyter, is now <HI>School-ma&s;ter</HI> of the &s;ame <HI>Grammar-School</HI> of the &s;aid <HI>A. B.</HI> <ABBR>E&s;q</ABBR> in <HI>D.</HI> afore&s;aid: And that neither the &s;aid <HI>A. B.</HI> nor <HI>J.</HI> his Wife made any direction, otherwi&s;e then as afore&s;aid, touching the I&s;&s;ues and Pro|fits of the &s;aid Mannor, as by the &s;aid Inqui|&s;ition hereunto annexed, relation being there|unto had more at large, it doth and may ap|pear. Now, for as much as it appeareth by the Inqui&s;ition before recited, That by the Statutes, Ordinances and Con&s;titutions con|cerning the <HI>Grammar-School</HI> before menti|oned,
<PB N="123" REF="65">
and the Lands, Tenements, and Po&s;&s;e&s;|&s;ions thereof: All Lea&s;es made by the &s;aid Corporation of any their Lands, Tenements, or Hereditaments, being in the hands of any Farmer or Farmers, by vertue of any old or former Lea&s;e for years, &s;hall be utterly voyd, unle&s;&s;e the &s;ame old or former Lea&s;e for years be within fourteen years of expiration of the &s;aid years by effluction of time at the making of the &s;aid new Lea&s;e, and be &s;urrendred with|in one year next after the making of the &s;ame Lea&s;e: And for that it appeareth likewi&s;e by the &s;aid Inqui&s;ition, That the old or former Lea&s;e therein mentioned to be made and granted of the Mannor of <HI>D.</HI> before men|tioned by the &s;aid <HI>J. H. J. F.</HI> and <HI>G. O.</HI> to the afore&s;aid <HI>R. F.</HI> as afore&s;aid, was not within fourteen yeers of expiration of the years thereby granted by effluction of time, at the making of the &s;aid new Lea&s;e by the &s;aid <HI>T. C. J. W. G. G.</HI> to the &s;aid <HI>J. H.</HI> as afore&s;aid: And that the &s;ame old or former Lea&s;e &s;o made and granted to the &s;ame <HI>R. F.</HI> by the &s;aid <HI>J. H.</HI> and <HI>J. F.</HI> and <HI>G. O.</HI> as afore&s;aid was not &s;urrendred, nor otherwi&s;e avoided within one year next after the making of the &s;aid new Lea&s;e to the &s;aid <HI>R. F.</HI> or ever at any time &s;ince: And for that it ap|peareth, and therefore the making of the
<PB N="124" REF="66">
&s;aid new Lea&s;e was a breach of Tru&s;t in the &s;aid <HI>School-ma&s;ter</HI> and Guardians: Further al|&s;o it appeareth by the &s;aid Inqui&s;ition, that the &s;aid Mannor and Premi&s;&s;es &s;o demi&s;ed and granted to the &s;aid <HI>H. J.</HI> as afore&s;aid, at the Rent of 50 <ABBR><HI>l</HI></ABBR> <HI>per ann.</HI> is worth 60 <ABBR><HI>l</HI></ABBR> <HI>per ann.</HI> to be let; therefore, and for other the mat|ters and things in the &s;aid Inqui&s;ition appear|ing, the &s;aid Sir <HI>W. R.</HI> &amp;c. being &s;ix of the Commi&s;&s;ioners named and authorized in and by the &s;aid Commi&s;&s;ion, upon full hearing and debating of the matter by the Councell, learned in the Laws, appearing before the &s;aid Commi&s;&s;ioners, as well on the behalf of <HI>T. J.</HI> Son of the &s;aid <HI>H. J.</HI> who claimeth an intere&s;t in the &s;aid Mannor of <HI>D.</HI> for divers years yet to come, under colour of the Lea&s;e before mentioned, made by the &s;aid <HI>J. H. J. B.</HI> and <HI>G. O.</HI> to the &s;aid <HI>H. J.</HI> as afore&s;aid, do by vertue of the &s;aid Statute and Commi&s;&s;ion, order, adjudge and decree, that the &s;aid Lea&s;e made and granted by the &s;aid <HI>J. A. J. B.</HI> and <HI>G. O.</HI> to the &s;aid <HI>H. J.</HI> was made contrary to the intent of the <HI>Donor</HI> of the &s;aid Lands, and contrary to the Ordinances and Con&s;titutions appointed for, and concerning the &s;aid <HI>School,</HI> and the Lands, Tenements and Po&s;&s;e&s;&s;ions thereof, and is not warranted by all or any of them, but was and is an abu&s;e
<PB N="125" REF="66">
and mi&s;government of the &s;aid Mannor and Lands, and a breach of Tru&s;t in the &s;aid <HI>T. O. School-ma&s;ter</HI> of the &s;aid <HI>Grammar-School. J. B.</HI> and <HI>G. O.</HI> Guardians of the Lands, Tene|ments and Po&s;&s;e&s;&s;ions of the &s;aid <HI>School,</HI> and is a great and apparent prejudice, and hin|derance to the due and faithfull imployment of the profits of the &s;ame, according to the intent of the <HI>Donor,</HI> and a defrauding of a cha|ritable U&s;e within the &s;aid Statute, and that the &s;aid Lea&s;e, and the &s;aid Mannor and Lands, and the Indenture of Demi&s;e for the pa&s;&s;ing of the &s;ame to the &s;aid <HI>F. R.</HI> is, and from henceforth &s;hall be, utterly void and of none effect. And the &s;aid Commi&s;&s;ioners do fur|ther order, adjudge and decree, That the &s;aid <HI>T. O. School-ma&s;ter,</HI> and the Guardians of the Lands, Tenements and Po&s;&s;e&s;&s;ions of the &s;ame <HI>School,</HI> for the time being, &s;hall and may De|mi&s;e, grant, and to Farm let, the &s;aid Mannor of <HI>D.</HI> in &s;uch manner as by the &s;ame Ordi|nances and Con&s;titutions concerning the &s;aid <HI>School, School ma&s;ter,</HI> and the Lands, Tene|ments and Po&s;&s;e&s;&s;ions thereof is limited, de|clared, ordained and appointed: The &s;aid Lea&s;e &s;o made of the &s;ame Mannor and Lands to <HI>F. R.</HI> afore&s;aid notwith&s;tanding: And they the &s;aid Commi&s;&s;ioners do further order, ad|judge and decree, that the &s;aid <HI>T. R.</HI> E&s;quire,
<PB N="126" REF="67">
Son of the &s;aid <HI>F. R.</HI> &s;hall within one Month after notice of this Decree, deliver the Inden|ture of the &s;aid Lea&s;e made unto the &s;aid <HI>F. R.</HI> of the &s;aid Mannor and Premi&s;&s;es as afore&s;aid, to the &s;aid <HI>T. O.</HI> or his Succe&s;&s;ors, and Guar|dians of the Lands, Tenements and Po&s;&s;e&s;&s;ions of the &s;ame <HI>School</HI> for the time being, to be cancelled; and &s;hall likewi&s;e within that time pay unto the &s;aid <HI>T. O.</HI> the &s;umm of 10 <ABBR><HI>l</HI></ABBR> of lawfull money of <HI>England,</HI> for his charges and expences, in &s;uing out the &s;aid Commi&s;&s;ion, and in the pro&s;ecution of the &s;aid Inqui&s;ition and this Decree. <HI>Witne&s;&s;e.</HI></P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<PB N="127" REF="67">
<HEAD><HI>Directions.</HI> When a Commi&s;&s;ion is fir&s;t &s;ued out, it is good to give notice to the <HI>Churchwardens</HI> and <HI>Over&s;eers</HI> for the Poor of Pari&s;hes neer where the Commi&s;&s;ioners &s;it, after this Manner:</HEAD>
<HEAD TYPE="sub"><DATE>The &s;econd day of <HI>May,</HI> 1610.</DATE> <HI>By the Commi&s;&s;ioners for</HI> Charitable U&s;es, <HI>&s;itting at</HI> B. <HI>in the County of</HI> C.</HEAD>
<P><NOTE PLACE="marg">Cambr.</NOTE>WHereas a Commi&s;&s;ion under the Great Seal of <HI>England,</HI> bearing date at <HI>We&s;tmin&s;ter</HI> the tenth day of <HI>January,</HI> 1610. Hath been directed to divers per&s;ons, dwelling and inhabiting within the County afore&s;aid, authorizing them, or any four or more of them, to enquire by &s;uch ways and means as in the &s;aid Commi&s;&s;ion is mentioned, what Lands, Tenements, Rents,
<PB N="128" REF="68">
Annuities, Profits, Hereditaments, Goods, Chattels, Mony, and &s;tocks of mony, have been heretofore given by any well di&s;po&s;ed per&s;on or per&s;ons for relief of aged, impotent, and poor people, maintenance of &s;ick and maimed Soldier and Marriners, Schools of Learning, Free-Schools, and Schollars of Univer&s;ities, repair of Bridges, Ports, Havens, Cau&s;ways, Churches, Sea-bancks, and High-ways, for Education and Preferment of Orphanes: for or towards the relief, &s;tock, or maintenance for hou&s;es of Correction, marriage of poor Maids, &s;upportation, aid and help of young Trade&s;|men, Handycrafts men, and per&s;ons decayed, relea&s;e and redemption of Captives, aid or ca&s;e of any poor Inhabitants, concerning pay|ment of Fifteens, &s;etting out of Soldiers, and other Taxes, and of the abu&s;es, breaches of Tru&s;t, negligences, mi&s;imployment not imploying, concealing, defrauding, mi&s;con|verting, and mi&s;government of the &s;ame Lands, Tenements, &s;tocks of Money, and other things given to any of the Charitable U&s;es afore&s;aid; and to &s;et down &s;uch Orders, Judgements and Decrees, as that the &s;ame Lands, Tenements, Money, and other things, may be duly imployed to and for &s;uch of the Charitable U&s;es afore&s;aid for which they were given, limited or appointed by the <HI>Doxors</HI>
<PB N="129" REF="68">
and <HI>Founders</HI> thereof. It is this day Ordered by the &s;aid Commi&s;&s;ioners, that notice be given to all Pari&s;hes and places within the &s;aid County of <HI>C.</HI> of the Commi&s;&s;ion afore&s;aid, and the power thereby given to the &s;aid Commi&s;&s;ioners, that &s;o all per&s;ons that have occa&s;ion may take the benefit of the &s;aid Commi&s;&s;ion, and have remedy and redre&s;&s;e thereby, and withall, that directions be given, that &s;uch per&s;ons as do come to the &s;aid Commi&s;&s;ioners for relief in the Premi&s;&s;es, do bring with them the <HI>Wills, Evidences, Charters</HI> and <HI>Writings,</HI> whereby the <HI>Chari|table &V;&s;es</HI> do appear to be given, created, limited, a&s;&s;igned, and appointed, and &s;uf|ficient witne&s;&s;e to prove the breaches of Tru&s;t, not imploying, or mi&s;imployment of &s;uch things as &s;hall be &s;o abu&s;ed, not im|ployed or mi&s;imployed, as afore&s;aid.</P>
<CLOSER><SIGNED><HI>By</HI> T. W. <HI>Clerk, attending the &s;aid Commi&s;&s;ioners.</HI></SIGNED></CLOSER>
</DIV2>
<DIV2 TYPE="part">
<PB N="130" REF="69">
<HEAD>Decrees.</HEAD>
<P>AT <HI>R.</HI> within the &s;aid County, on Tue&s;|day the ninth day of <HI>September,</HI> in the one and twentieth year of the raign of our So|veraign Lord <HI>Charles</HI> by the Grace of God King of <HI>England, Scotland, France,</HI> and <HI>Ire|land,</HI> Defender of the Faith, <HI>&amp;c. An. Dom.</HI> 1645. Whereas a Commi&s;&s;ion under the great Seal of <HI>England,</HI> hearing date the eighth day of <HI>February</HI> la&s;t pa&s;t, hath been directed to <HI>W. C. J. H. C. M. G. W.</HI> E&s;quires, and <HI>G. M.</HI> Gent. and to divers other per&s;ons dwelling and inhabiting within the &s;aid County, autho|rizing them, or any foure or more of them, to enquire by the oathes of twelve good and lawfull men, or more of the County, as by all other good and lawfull waies and means of all and &s;ingular Lands, Tenements, Rents, Annuities, Profits, Hereditaments, Goods, Chattels, Mony, and Stocks of Mony hereto|fore given, limited, appointed and a&s;&s;igned by any well di&s;po&s;ed Per&s;on, to or for any the Charitable and Godly u&s;es in the &s;aid Com|mi&s;&s;ion mentioned, within the &s;aid County; And of the Abu&s;es, Breaches of Tru&s;ts, Neg|ligences.
<PB N="131" REF="69">
Mi&s;-imployments, not Imploying, Concealing, Defrauding, Mi&s;-converting, or Mi&s;-government of the &s;ame Lands, Tene|ments, Rents, Annuities, and other things; and for the &s;etting down &s;uch Orders, Judg|ments and Decrees, as that the &s;ame Lands, Tenements, Rents, Annuities, Profits, Goods, Chattels, Mony, and Stocks of Mony may be duly and faithfully imployed to and for the Charitable u&s;es and intents, for which the &s;ame were given, limited, a&s;&s;igned, and appoin|ted by the Donors and Foundors thereof, ac|cording to a Statute made in the three and fortieth year of the raign of the late Queen <HI>Eliz.</HI> Intituled An Act made to redre&s;s the Mi&s;-imployments of Lands, Goods, and Stocks of Mony heretofore given to Charitable u&s;es: And whereas the &s;aid <HI>W. C. J. H. C. M.</HI> and <HI>G. M.</HI> being foure of the Commi&s;&s;ioners na|med and authorized in and by the &s;aid Com|mi&s;&s;ion meeting for the execution thereof, at the day and place afore&s;aid. It was then and there found by the oaths of <HI>J. F. R. L. &amp;c.</HI> good and lawfull men of the &s;aid County, That one <HI>A. B.</HI> as in and by the &s;aid Inqu<GAP DESC="illegible" EXTENT="1 letter">&s;i|tion hereunto annexed it doth and may ap|pear, <HI>&amp;c.</HI> Now they the &s;aid <HI>W. C. J. H. C. M. G. W.</HI> and <HI>G. M.</HI> having heard the &s;aid <HI>T. H.</HI> and his Councell touching the Pre|mi&s;es;
<PB N="132" REF="70">
and being of opinion that the gift of the &s;aid Me&s;&s;uage, Tenements and Premi&s;es by the &s;aid <HI>A. B.</HI> in manner and forme afore&s;aid, is a good Gift, Limitation, Appointment, and A&s;&s;ignment of the &s;ame Me&s;&s;uage, Tenements, and Premi&s;es to and for the &s;aid Charitable u&s;e within the intent of the Statute before mentioned; And for that it appeareth to the &s;aid Commi&s;&s;ioners by the &s;aid Will and In|qui&s;ition that but onely part of the I&s;&s;ues and Revenues of the &s;aid Tenements and Premi&s;es were appointed by the &s;aid Will to be be&s;tow|ed to the maintenance of the &s;uper&s;titious u&s;es therein mentioned, and that the value of the mony appointed for the &s;aid &s;uper&s;titious u&s;es doth not amount to above twenty &s;hillings <HI>per annum</HI> at the mo&s;t; And for that it doth not appear unto the &s;aid Commi&s;&s;ioners, that any part of the Rents and Profits of the &s;aid Tenements and Premi&s;es were at any time within five years before the fir&s;t day of the Parliament begun, the fourth day of <HI>Novem|ber</HI> one thou&s;and five hundred forty &s;even, and in the fir&s;t year of the reign of King <HI>Edward</HI> the &s;ixth late King of <HI>England</HI> imployed, paid, or be&s;towed to the maintenance of the &s;aid <HI>Obit</HI> and other the &s;uper&s;titious u&s;es before mentioned, or any of them; And fora&s;much as it appeareth by the intent of the &s;aid Will,
<PB N="133" REF="70">
that Feoffes ought to be appointed &s;ucce&s;&s;ive|ly, and the &s;aid Hou&s;e and Premi&s;es were to be conveyed unto them for the more legall and faithfull continuance and imployment of the Rents and Profits of the &s;ame to the Charita|ble u&s;e afore&s;aid: to the end, intent, and pur|po&s;e, therefore, that the Rents and Profits of the &s;aid Lands, Tenements, and Premi&s;es may be duly and faithfully imployed in and for the charitable u&s;e, to and for which the &s;ame were limited, appointed, and a&s;&s;igned by the Donor thereof as afore&s;aid; They the &s;aid <HI>W. C. J. H. C. M.</HI> and <HI>G. M.</HI> do by vertue of the &s;aid Statute and Commi&s;&s;ion, Order and De|cree that the &s;aid <HI>T.H.</HI> the Grand-child, <HI>T.C. J. C.</HI> and all and every other per&s;on and per|&s;ons now holding, occupying, or enjoying the &s;ame Me&s;&s;uages, Lands, Tenements, and Pre|mi&s;es before mentioned, to and for the main|tenance of the Charitable u&s;e before menti|oned, and every of them &s;hall within one month next after notice of this Decree, leave, &s;urrender, and yeild up the Po&s;&s;e&s;&s;ion of the &s;aid Me&s;&s;uages, Lands, Tenements, and Pre|mi&s;es, unto, or for the Church-wardens of <HI>T.</HI> afore&s;aid, and that the &s;aid Church-wardens &s;hall within three months next after they &s;hall be actually po&s;&s;e&s;&s;ed of the &s;aid Lands, Tene|ments, and Premi&s;es make and execute a
<PB N="134" REF="71">
Feoffment of the &s;ame Lands, Tenements, and Premi&s;es to the u&s;e of them&s;elves, and thirteen others of the Pari&s;hioners of <HI>T.</HI> afore&s;aid, and their heirs in &s;uch manner as by Councell lear|ned &s;hall be advi&s;ed and directed, to the end, intent and purpo&s;e, that the Feoffes in &s;uch Feoffment to be named, and their heirs may &s;tand and be &s;eized of the &s;ame Lands, Tene|ments, and Premi&s;es, upon tru&s;t and confidence that they and their heirs &s;hall permit and &s;uf|fer the Church-wardens of the &s;ame Pari&s;h for the time being, to receive and take the Rents and Profits of the &s;ame Premi&s;es from time to time as the fame &s;hall ari&s;e, become due, and payable, to and for the reparation of the &s;aid Pari&s;h-Church of <HI>S.</HI> afore&s;aid, as of|ten, and when as need &s;hall require; and that when ten or more of the &s;aid Feoffes of the Premi&s;es &s;hall be dead (or before if it &s;hall be thought expedient) the &s;urviving Feoffes &s;hall make a new Feoffment of the &s;ame Pre|mi&s;es to the u&s;e of them&s;elves, and of &s;o ma|ny more of the Pari&s;hioners of <HI>T.</HI> afore&s;aid, as &s;hall make it the number of fifteen; And that that order and rule &s;hall be ob&s;erved in all &s;ucceeding Generations; And the Commi|&s;&s;ioners afore&s;aid do further order, adjudge, &amp; decree, that the Church-wardens of <HI>T.</HI> afore|&s;aid, for the time being, &s;hall upon Tue&s;day in
<PB N="135" REF="71">
the <HI>Ea&s;ter</HI> week, yearly give up true and per|fect accounts in writing to the Feoffes of the Premi&s;es, or the Major part of them in the Pa|ri&s;h-Church of <HI>T.</HI> afore&s;aid, of their Receits and Disbur&s;ements of, touching and concer|ning the Rents and Profits of the Premi&s;es; And if it &s;hall upon &s;uch account appeare that any monies are remaining in their hands, that then the &s;aid Church-wardens &s;o accoun|ting, &s;hall within one month then next follow|ing, deliver and pay over the &s;aid Monies &s;o remaining in their hands to the &s;ucceeding Church-wardens, to and for the Charitable u&s;e before mentioned: And fora&s;much as it ap|peareth unto the &s;aid Commi&s;&s;ioners, that the &s;aid <HI>T. H.</HI> the Grandchild hath in his cu&s;to|dy an ancient Deed or Writing whereby the &s;aid Me&s;&s;uages or Tenements, and Premi&s;es were conveyed to the &s;aid <HI>A. B.</HI> and his heirs, and likewi&s;e the Originall Will of the &s;aid <HI>A. B.</HI> whereby the Premi&s;es are demi&s;ed, li|mited, appointed, or a&s;&s;igned to and for the Charitable u&s;e before mentioned: The &s;aid Commi&s;&s;ioners do further order, adjudge, and decree, that the &s;aid <HI>T. H.</HI> &s;hall within one month after notice of this Decree, deliver un-the Church-wardens of <HI>T.</HI> afore&s;aid for the time being, the &s;aid Deed and Will, and all o|ther Deeds, Evidences, and Writings, touch|ing,
<PB N="136" REF="72">
and concerning the &s;aid Me&s;&s;uages, Tene|ments, and Premi&s;es, or any of them, which now are, or have been in his hands or cu&s;tody, or in the hands or cu&s;tody of any other per|&s;on or per&s;ons, to his u&s;e, or by his con&s;ent, or delivery at any time, &s;ithence the death of the &s;aid <HI>E. H.</HI> And la&s;tly the &s;aid Commi&s;&s;ioners do further order, adjudge, and decree, that the &s;aid <HI>T. H.</HI> the Grandchilde, &s;hall within one month next after notice of this Decree, pay unto the Church-wardens of the &s;aid Pari&s;h-Church of <HI>T.</HI> for the time being the &s;um of twenty pounds of lawful mony of <HI>Eng|land,</HI> for the Rents and Profits of the &s;aid Me&s;|&s;uages, Tenements, and Premi&s;es by him re|ceived &s;ince the death of his &s;aid Father <HI>E. H.</HI> Which the &s;aid Church-wardens are to im|ploy and be&s;tow in and about the repaire of the &s;aid Pari&s;h Church, as need and occa&s;ion &s;hall be and require. In witne&s;&s;e, whereof the Commi&s;&s;ioners afore&s;aid have hereunto &s;et their hands and &s;eals, the day and year above written.</P>
</DIV2>
<DIV2 TYPE="part">
<PB N="137" REF="72">
<HEAD>Exceptions to a Decree.</HEAD>
<ARGUMENT>
<P>EXceptions taken by <HI>T. H.</HI> Gent. to a Decree made at <HI>R.</HI> in the County of <HI>D.</HI> on Tue&s;|day the ninth day of <HI>September</HI> in the year of our Lord, <HI>1645.</HI> made by <HI>W. C. J. H.</HI> C. M. and <HI>G. M,</HI> Commi&s;&s;ioners, appointed and authori|zed by a Commi&s;&s;ion under the great Seal of <HI>England,</HI> bearing date the eighth day of <HI>Febru|ary, 1643.</HI> directed to the &s;aid Commi&s;&s;ioners, and to divers other per&s;ons in the County of <HI>D.</HI> grounded upon the Statute made in the three and fourtieth year of the reign of the late Queen <HI>Elizabeth,</HI> Intituled, <HI>An Act made to redre&s;s mi&s;imployments of Lands, Goods, and &s;tocks of Money given to charitable U&s;es,</HI> as fol|loweth.</P>
</ARGUMENT>
<P>WHereas it is &s;et forth by the &s;aid De|cree, that one <HI>A. B.</HI> by his Will in Writing, bearing date the 17. day of <HI>January</HI> 1524. did Devi&s;e and bequeath a Me&s;&s;uage or Tenement, with certain hou&s;es, and a Garden thereunto belonging, with the Appurtenances, in <HI>T.</HI> in the &s;aid County of <HI>D.</HI> commonly called or known by the dame of <HI>C.</HI> to <HI>A.</HI> his
<PB N="138" REF="73">
Wife, during her life, and after her decea&s;e, un|to the Church of <HI>T.</HI> afore&s;aid in the&s;e words following: <HI>Item,</HI> I Will, after my decea&s;e, that <HI>A.</HI> my wife, have my Hou&s;e, called <HI>C.</HI> du|ring her naturall life, and &s;he to keep up the reparations of the &s;aid Hou&s;e, and the Lords Rent to pay, and &s;he to find four Tapers of four pound of Wax, that is, one before the Rude under the Rude loft, and another before our Lady, another before St. <HI>Thomas,</HI> and one before St. <HI>Anthony. Item,</HI> I Will that &s;he keep mine <HI>Obit</HI> every year during her life, and to have every year three Prie&s;ts and they to have eight pence a piece, and two dozen of bread, and a kinder kin of double Beer, and two Chee|&s;es, price of twenty pence. <HI>Item,</HI> I Will, and appoint after my decea&s;e, that all and &s;ingular my Evidences, and my Copies, that they be de|livered into the cu&s;tody of the Churchwar|dens of the Pari&s;h of <HI>Peter</HI> and <HI>Paul</HI> of <HI>T.</HI> afore&s;aid. <HI>Item,</HI> I will that after the naturall life of <HI>A.</HI> my Wife, that then my Hou&s;e, cal|led <HI>C.</HI> with all the Appurtenances belonging thereunto, as is more plainly &s;pecified by my Deeds, that it &s;hall remain evermore unto the Church afore&s;aid; Fir&s;t, to keep mine <HI>Obit</HI> yearly, and the four Tapers of four pounds of Wax: Moreover, I Will, that after the decea&s;e of <HI>A.</HI> my wife, that the Churchwar|dens
<PB N="139" REF="73">
do buy &s;ix pounds of Wax, and make the common light, and the Tapes before the <HI>Rude,</HI> to the full of two pounds of Wax a piece, and &s;o to continue for evermore, and the re&s;idue of the Rent to remain to the re|parations of the Church afore&s;aid: And whereas it is &s;et forth by the &s;aid Decree, that the &s;aid <HI>A.</HI> and <HI>B.</HI> and <HI>A. B.</HI> are long &s;ince dead, and that <HI>T. H.</HI> E&s;quire, decea&s;ed, on or about the &s;ix and twentieth day of <HI>Janua|ry,</HI> in the thirtieth year of the reign of the late Queen <HI>Elizabeth,</HI> did enter into the &s;aid Me&s;&s;uage and Premi&s;&s;es, called <HI>C.</HI> and was po&s;&s;e&s;&s;ed thereof, and during his life, took the Rents and profits thereof, paying onely five Nobles <HI>per ann.</HI> out of the Rents and profits of the &s;ame Me&s;&s;uage and Premi&s;&s;es to the Churchwardens and Church of <HI>T.</HI> to the cha|ritable u&s;e afore&s;aid; and that <HI>E. H.</HI> <ABBR>E&s;q</ABBR> decea&s;ed, &s;on of the &s;aid <HI>T.</HI> al&s;o entred up|on the Premi&s;&s;es, and paid the five Nobles a yeare as above&s;aid, untill about twelve years la&s;t pa&s;t, at which time the &s;aid <HI>E. H.</HI> refu&s;ed to pay it, and that the &s;ame premi&s;&s;es is now divided into &s;everall Tenements and that &s;ince the death of the &s;aid <HI>E. H.</HI> who died about two years before the Decree; the &s;aid Excep|tant, <HI>T. H.</HI> Son and Heir of the &s;aid <HI>E. H.</HI> came to the &s;aid Me&s;&s;uage and Premi&s;&s;es called <HI>C.</HI> as
<PB N="140" REF="74">
Son and Heir to the &s;aid <HI>E. H.</HI> And the &s;aid Commi&s;&s;ioners have ordered, that the &s;aid Ex|ceptant, <HI>T. H.</HI> and his Tenants, &s;hould &s;ur|render and yeild up the Po&s;&s;e&s;&s;ion of the &s;aid Me&s;&s;uage and Premi&s;&s;es, unto the Church-wardens of <HI>T.</HI> afore&s;aid, and to deliver up the Deeds and Evidences of the &s;ame Premi&s;&s;es, and to pay unto the &s;aid Churchwardens the &s;umm of twenty pounds, to be imployed for the repairs of the &s;aid Church; Unto which Decree, this Exceptant, <HI>T. H.</HI> doth except, and conceives, and is advi&s;ed by his Coun&s;el, that he is not, nor ought to be bound by the &s;aid Decree and Order made by the &s;aid Com|mi&s;&s;ioners as afore&s;aid, for the Cau&s;es and Rea&s;ons hereafter following.</P>
<P>And fir&s;t, For that it appeareth by an ancient Deed of Feoffment, bearing date the two and twentieh day of <HI>June,</HI> in the tenth year of the Reign of the late King <HI>Henry</HI> the eighth, that one <HI>J. K.</HI> and <HI>J.</HI> his wife, <HI>W. F. W. T. J. S.</HI> and <HI>R. M.</HI> did grant and confirm unto the before named <HI>A. B. R. F. R. F.</HI> and <HI>J. R.</HI> to the u&s;e of the &s;aid <HI>A. B.</HI> and his Heirs and A&s;&s;igns forever, all that the Me&s;&s;uage, with the buildings, gardens and Appurtenances, called <HI>C.</HI> &s;cituate, lying and being in <HI>T.</HI> in the County of <HI>D.</HI> between, <HI>&amp;c.</HI> as by the &s;aid Deed of Feoffment ready to be produced, may
<PB N="141" REF="74">
appear, Which &s;aid la&s;t mentioned Me&s;&s;uage and Premi&s;&s;es, called <HI>C.</HI> is not the Me&s;&s;uage, Lands and Premi&s;&s;es in the occupation of this Exceptant and his Tenants, and which are charged and decreed to the charitable u&s;e by the &s;aid Commi&s;&s;ioners, as afore&s;aid; For this Exceptant &s;aith, that the afore&s;aid Me&s;|&s;uage or Tenement, called <HI>C.</HI> &s;o conveyed by the la&s;t mentioned Deed of Feoffment to <HI>A. B.</HI> as afore&s;aid, was held of the Mannor of <HI>G.</HI> in the &s;aid County of <HI>D.</HI> by fealty, &s;uit of Court, and the yearly Rent of two &s;hillings eight pence <HI>per ann.</HI> as by the Sur|veys and Records of the &s;aid Mannor may appear, which &s;aid Me&s;&s;uage and Premi&s;&s;es afterwards came to be the Inheritance of one <HI>R. E.</HI> and was then called by the name of <HI>C.</HI> otherwi&s;e <HI>E.</HI> Hall. And this Exceptant fur|ther &s;aith, that the &s;aid <HI>R. E.</HI> being &s;eized in Fee of the &s;aid Me&s;&s;uage and Premi&s;&s;es, did upon or about the twelfth day of <HI>Novem|ber,</HI> in the eighth year of the Reign of the late Queen <HI>Elizabeth,</HI> acknowledge a Statute of one hundred and fifty pounds unto one <HI>T. O.</HI> for the payment of the &s;umm of one hundred and &s;ixteen pounds at a day &s;hortly after, which was not paid, which Statute was extended about the tenth day of <HI>April,</HI> in the fourteenth year of the Reign of the &s;aid late
<PB N="142" REF="75">
Queen <HI>Elizabeth,</HI> upon the &s;aid Me&s;&s;uage and Premi&s;&s;es, which was aftewards a&s;&s;igned over unto <HI>T. H.</HI> this Exceptants Grand|father, upon or about the five and twentieth day of <HI>January,</HI> in the fourteenth year of the Reign of the &s;aid late Queen <HI>Elizabeth.</HI> And it appeareth by the &s;aid Extent, that the &s;aid <HI>R. E.</HI> had &s;old the &s;aid Me&s;&s;uage and Pre|mi&s;&s;es, unto one <HI>S. F.</HI> and his Heirs by Deed, bearing date upon or about the twentieth day of <HI>June,</HI> in the twentieth year of the Reign of the &s;aid late Queen <HI>Elizabeth:</HI> And this Exceptant &s;aith, that the &s;aid <HI>T. H.</HI> this Ex|ceptants Grandfather, having the &s;aid Pre|mi&s;&s;es &s;o in Extent, and the &s;ame being but of &s;mall value, and the money that was owing thereupon being more worth then the &s;aid Me&s;&s;uage and Premi&s;&s;es, he did by his Deed, bearing date upon or about the five and twen|tieth day of <HI>January,</HI> in the thirteenth year of the Reign of the late Queen <HI>Elizabeth,</HI> grant to &s;everall Tru&s;tees, one Annuity or yearly Rent of fourty &s;ix &s;hillings eight pence to be i&s;&s;uing and going out of the &s;aid Me&s;&s;uage, called <HI>C.</HI> to be imployed for the repairs of the Pari&s;h Church of <HI>T.</HI> afore&s;aid, which &s;aid &s;umm of fourty &s;ix &s;hillings and eight pence is the &s;even Nobles mentioned in the &s;aid Decree. And this Exceptant &s;aith, that
<PB N="143" REF="75">
when the &s;aid Extent is ended, the inheritance of the &s;aid Me&s;&s;uage and Premi&s;es will come unto <HI>T. F.</HI> Son and Heir of <HI>S. F.</HI> decea&s;ed, as by an Office after the decea&s;e of the &s;aid <HI>S. F.</HI> found at <HI>L.</HI> the three and twentieth day of <HI>November</HI> in the four and fourtieth year of the Reign of the late Queen <HI>Eli|zabeth</HI> may appear; which &s;aid Ma&s;&s;uage and Premi&s;es la&s;t before mentioned, if any at all ought onely to be charged with the &s;aid charitable u&s;e and none other.</P>
<DIV3 TYPE="section">
<HEAD>The &s;econd Exception.</HEAD>
<P>And &s;econdly, This Exceptant &s;aith, that the Me&s;&s;uage and Premi&s;es in the Decree men|tioned to be in this Exceptants occupation, and the other Me&s;&s;uages and Premi&s;es therein mentioned to be in the occupation of him; this Exceptant and his Tenants are not the Me&s;suages and Lands given to the &s;aid chari|table u&s;e, nor ought not to be charged there|with; for this Exceptant &s;aith, that the late King <HI>Edward</HI> the &s;ixth, by his betters Patents under the great Seal of <HI>England,</HI> bearing date the tenth day of <HI>April,</HI> in the third year of his Reign, did among&s;t other things, give and grant unto one <HI>R. W.</HI> and <HI>W. P.</HI> and their Heirs, all that his Me&s;suage or Tene|ment called <HI>C.</HI> and all Lands, Meadows,
<PB N="144" REF="76">
Pa&s;tures, Feedings and Hereditaments what|&s;over thereunto belonging, then or late in the occupation of <HI>N. P.</HI> to hold of the &s;aid King as of his Mannor of <HI>C.</HI> in the County of <HI>D.</HI> in Fee-&s;ocage, and not in <HI>Capite,</HI> for all Rents, Services and demands what&s;oever. And this Exceptant &s;aith, that the &s;aid Me&s;&s;uage, called <HI>C. alias E.</HI> Hall, charged and given to the &s;aid charitable u&s;e, is held of the &s;aid Mannor of <HI>G.</HI> by fealty, &s;uit of Court, and the year|ly Rent of two &s;hillings and eight pence, as is herein before mentioned, and therefore the &s;ame is differenced and plainly di&s;tingui&s;hed from the &s;aid Me&s;&s;uage and Premi&s;es, called <HI>C.</HI> in the po&s;&s;e&s;&s;ion of this Exceptant and his Tenants: And this Exceptant further &s;aith, that afterwards, that is to &s;ay, the nine and twentieth day of <HI>April,</HI> in the third year of the Reign of the &s;aid late King <HI>Edward</HI> the &s;ixth, the &s;aid <HI>R. W.</HI> and <HI>W. P.</HI> did by Deed of Feoffment, and by other good Con|veyances and A&s;surance in the Law, convey and a&s;sure the afore&s;aid la&s;t mentioned Me&s;|&s;uage, called <HI>C.</HI> (among&s;t other things) to <HI>W. C.</HI> and <HI>J. W.</HI> and their Heirs, and after|wards <HI>G. C.</HI> Son and Heir of the &s;aid <HI>W. C.</HI> who had the &s;aid la&s;t mentioned Me&s;suage, called <HI>C.</HI> by &s;urvivor&s;hip, did by his Inden|ture of Bargain and Sale, inrolled in <HI>Chancery,</HI>
<PB N="145" REF="76">
dated the thirteenth day of <HI>October,</HI> in the twelfth year of the late Queen <HI>Elizabeth,</HI> bargain and &s;ell the &s;aid la&s;t mentioned Me&s;|&s;uage, called <HI>C.</HI> among&s;t other things, to <HI>W. L.</HI> and his Heirs, and afterwards the &s;aid <HI>W.</HI> did by his Deed indented, inrolled in <HI>Chancery,</HI> dated the tenth of <HI>July,</HI> in the thirteenth year of the Reign of the late Queen <HI>Elizabeth,</HI> con|vey and a&s;&s;ure the &s;aid la&s;t mentioned Me&s;|&s;uage, called <HI>C.</HI> unto <HI>T. H.</HI> and his Heirs, which &s;aid <HI>T. H.</HI> was Grandfather of this Exceptant, and the &s;ame is by de&s;cent, and other good Conveyance and A&s;&s;urance in the Law, lawfully ve&s;ted and come unto this Ex|ceptant, and he now is lawfully &s;ei&s;ed there|of, and ought to hold and enjoy the &s;ame, free from the &s;aid charitable u&s;e.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>The third Exception.</HEAD>
<P>And thirdly, This Exceptant &s;aith, that the &s;aid <HI>T. H.</HI> his Grandfather, at the time of his purcha&s;e of the &s;aid la&s;t mentioned Me&s;|&s;uage, called <HI>C.</HI> had no notice of the &s;aid charitable u&s;e, and if the &s;aid Me&s;&s;uage were charged, or chargeable therewith, or liable thereunto, as in truth it is not, yet ought the &s;ame not to be charged therewith; For that by the &s;aid Statute made in the three and four|tieth year of the Reign of the late Queen
<PB N="146" REF="77">
<HI>Elizabeth,</HI> made for charitable u&s;es, it is pro|vided and ordained, that no Lands, Tene|ments, or Hereditaments given or appointed to any charitable u&s;es &s;hall be impeached by any Decrees or Orders of Commi&s;&s;ioners for charitable u&s;es, the Purcha&s;ers having no no|tice of the &s;aid charitable u&s;es.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>The fourth Exception.</HEAD>
<P>And fourthly, This Exceptant &s;aith, that if it were true, as in truth it is not, That the &s;aid la&s;t mentioned Me&s;&s;uages, called <HI>C.</HI> were charged, or chargeable with the &s;aid chari|table u&s;e, yet ought not the &s;aid Order or De|cree made by the &s;aid Commi&s;&s;ioners any ways to impeach or charge the &s;aid Me&s;&s;uage or Premi&s;es with the &s;aid charitable u&s;e, or any ways to deprive this Exceptant thereof; For that by the &s;aid Statute, made in the three and fourtieth year of the Reign of the &s;aid late Queen <HI>Elizabeth,</HI> It is Enacted, that the &s;aid Act for charitable u&s;es, &s;hall not extend to give power and authority to any Commi&s;|&s;ioners for charitable u&s;es, to make any Or|der, Judgment or Decrees, for or concerning any Mannors, Lands, Tenements, or other He|reditaments, a&s;&s;ured, conveyed, granted, or come unto the Queens Maje&s;ty, the late King <HI>Henry</HI> the eighth, King <HI>Edward</HI> the &s;ixt,
<PB N="147" REF="77">
or Queen <HI>Mary</HI> by Act of Parliament, &s;ur|render, exchange, relinqui&s;hment, E&s;cheat. Attainder, Conveyance, or otherwi&s;e. And fora&s;much as it appeareth that the &s;aid Me&s;|&s;uage and Premi&s;es la&s;t before mentioned, cal|led <HI>C.</HI> was by the &s;aid late King <HI>Edward</HI> 6. by his Leters Patents, dated the eighth day of <HI>April,</HI> in the third year of his Reign, granted (among&s;t other things) unto the &s;aid <HI>R. W.</HI> and <HI>W. P.</HI> and their Heirs, as is herein before mentioned; And therefore, if the &s;ame had been any ways given to the &s;aid charitable u&s;e, as in truth it was not, yet ought the &s;ame now to be free from the &s;ame by force and vertue of the &s;aid Act of Parliament.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>The fifth Exception.</HEAD>
<P>And fifthly, This Exceptant &s;aith, that the &s;aid Commi&s;&s;ion grounded upon the &s;aid Sta|tute to the &s;aid Commi&s;&s;ioners directed, in pur&s;uance whereof they made their Decree, is not returned into this Honourable Court into the Office of the <HI>Petty-bag,</HI> as it ought to be; for all which Cau&s;es, this Exceptant doth humbly pray the &s;aid Order &amp; Decree may be rever&s;ed and made void, and his &s;aid Me&s;&s;uage and Premi&s;es may be freed from the &s;ame; And that this Exceptant may be di&s;mi&s;sed with his rea&s;onable co&s;ts and charges in this behalf wrongfully &s;u&s;tained.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<PB N="148" REF="78">
<HEAD>An&s;wers to Exceptions.</HEAD>
<ARGUMENT>
<P>The An&s;wer of <HI>J. L.</HI> and <HI>S. W.</HI> Church|wardens of <HI>G. T.</HI> in the County of <HI>D.</HI> Re&s;pon|dants to the Exceptions of <HI>T. H.</HI> Gent. by him taken, to the Decree in the &s;aid Exceptions mentioned.</P>
</ARGUMENT>
<P>WHereas the &s;aid Exceptant doth except to and again&s;t the &s;aid Decree, for that the Me&s;&s;uage or Tenement, called <HI>C.</HI> given by the Will of <HI>A. B.</HI> therein named, to the charitable u&s;e therein &s;pecified, are not the Me&s;&s;uage, Tenement and Lands in the occu|pation of the &s;aid Exceptant and his Tenants, and which are charged and Decreed to the &s;aid charitable u&s;e: And al&s;o for that the Ex|ceptants Grandfather <HI>T. H.</HI> therein named, had at the time of his Purcha&s;e of the Pre|mi&s;es in the occupation of him and his Te|nants, no notice of the &s;aid charitable u&s;e; and that the &s;aid Premi&s;es were heretofore conveyed by Letters Patents from King <HI>Ed|ward</HI> the &s;ixth: And la&s;tly, for that the Com|mi&s;&s;ion directed to the Commi&s;&s;ioners in the &s;aid Decree named, wherein they made the
<PB N="149" REF="78">
&s;aid Decree, was not returned into this Court at the time of the &s;aid Exception unto which Exceptions, the&s;e <HI>Re&s;pondents</HI> &s;aving unto them&s;elves all advantages of Exception to the incertainties and in&s;ufficiencies thereof, &s;ay, That they are upon the matter, &s;trangers to the matters &s;et forth by the &s;aid Exceptions, having not lived very long in the &s;aid Pari&s;h, and being no otherwi&s;e concerned then as Churchwardens thereof; and it cannot be pre&s;umed they &s;hould know the facts and titles alledged by the &s;aid Exceptions of their own knowledge. But they &s;ay, that the &s;aid Exceptant was &s;everall times &s;ummoned and heard before the Commi&s;&s;ioners that made the &s;aid Decree, and the Jury by them impannel|led; And he brought his Learned Coun&s;el with him, who urged before the &s;aid Jury and Commi&s;&s;ioners, who were learned in the Law, and good and hone&s;t men, before their Ver|dict given, or Decree made, the &s;ub&s;tance and matter of the &s;aid Exception, and what ever could be alledged again&s;t the decreeing of the Premi&s;es, and the &s;ame Decree was made upon a full hearing of both &s;ides. And one of the main points in&s;i&s;ted on before the &s;aid Jury and Commi&s;&s;ioners, was the matter of the afore&s;aid fir&s;t two Exceptions, whether the Premi&s;es decreed to be charged with the cha|ritable
<PB N="150" REF="79">
u&s;e, were the Me&s;&s;uage, Tenement, and Lands given by the &s;aid Will, yea or no, it be|ing a proper i&s;&s;ue for a Jury of parcel, or no parcel, the &s;ame Premi&s;es in the occupation of the Exceptant were after a full and deliberate hearing and evidence on both &s;ides found by the &s;aid Jury to be the &s;ame Tenements and Lands devi&s;ed by the &s;aid Will. And the mat|ter of the &s;aid two next Exceptions, Whether the &s;aid Exceptants Grandfather had notice of the charitable u&s;e before, or at his Purcha&s;e of the Premi&s;es, or that the Premi&s;es were in the <HI>Crown,</HI> yea, or no, being al&s;o proper for a Jury, were likewi&s;e upon the like evidence then given, found by the &s;aid Jury for the &s;aid Pari&s;h again&s;t the &s;aid Exceptant. And the&s;e <HI>Re&s;pondents</HI> verily believe, the &s;aid Exceptant cannot but be &s;atisfied with the &s;aid Verdict and Decree, and doth trouble the&s;e <HI>Re&s;pon|dents</HI> and the &s;aid Pari&s;h, onely to drive them to &s;ome compo&s;ition or low terms of agree|ment: And in particular, the&s;e <HI>Re&s;pondents</HI> &s;ay, that they doubt not to make it appear by &s;everall particulars, and parcels of evidences and pleadings, and proofs in &s;everall Courts (if this Honorable Court &s;hould now think fit to put them thereunto after the &s;aid Delibe|ration and Verdict) that the Premi&s;es charged with the &s;aid charitable u&s;e, are the &s;ame that
<PB N="151" REF="79">
were charged and devi&s;ed by the &s;aid Will, and that the Purcha&s;er (if he was one) had and could not but have and take notice before, and at the time of his Purcha&s;e: And likewi&s;e &s;ay, that the &s;aid King <HI>Edward</HI> the &s;ixth, or his fa|ther, <HI>Henry</HI> the 8^t^h, Queen <HI>Mary,</HI> or Queen <HI>Elizabeth,</HI> or either of them, were not at any time &s;ei&s;ed or intituled to be &s;ei&s;ed of the Pre|mi&s;es, or any part thereof; and if the &s;aid King <HI>Edward</HI> the &s;ixth made &s;uch Grant as afore|&s;aid, the &s;ame was not of the&s;e &s;elf-&s;ame Pre|mi&s;es, but of other Tenements; and if it were, the &s;aid King had no &s;ei&s;in or Inheritance of or in the &s;aid Lands, or right &s;o to grant the &s;ame, nor doth the &s;aid Grant, if any &s;uch be, prejudice the charitable u&s;e, as the <HI>Re&s;pondents</HI> are advi&s;ed. And the&s;e <HI>Re&s;pondents</HI> further &s;ay, that they are informed, the &s;aid Commi&s;|&s;ion is returned into this Court, and there re|mains of Record: Wherefore the&s;e <HI>Re&s;pon|dents</HI> humbly pray the &s;aid Decree may &s;tand ratified and confirmed, and the &s;aid Decree and charitable U&s;e may be performed, and the&s;e <HI>Re&s;pondents</HI> di&s;charged with their co&s;ts in this behalf mo&s;t wrongfully &s;u&s;tained.</P>
</DIV2>
</DIV1>
</BODY>
<BACK>
<DIV1 TYPE="table of contents">
<PB REF="80">
<PB REF="80">
<HEAD>THE TABLE.</HEAD>
<LIST>
<ITEM>THe <HI>Statute</HI> of <HI>43. Elizabeth,</HI> of cha|ritable u&s;es. <HI>Page 1</HI></ITEM>
<ITEM>The heads of the &s;aid Statute, <HI>10</HI></ITEM>
<ITEM>A Warrant to call the parties Defendants, to appear before the Commi&s;&s;ioners. <HI>17</HI></ITEM>
<ITEM>A Warrant to the Sheriff to return a Jury. <HI>19</HI></ITEM>
<ITEM>The Oath af the Jury. <HI>20</HI></ITEM>
<ITEM>Direction for expediting Inqui&s;itions and De|crees. <HI>21</HI></ITEM>
<ITEM>An Inqui&s;ition whereby money is appointed to be paid yearly out of Copiheld Lands. <HI>22</HI></ITEM>
<ITEM>A Decree upon that Inqui&s;ition. <HI>43</HI></ITEM>
<ITEM>An Inqui&s;ition wherein Lands are found to be given to a Church for charitable u&s;es. <HI>27</HI></ITEM>
<ITEM><PB REF="81">An Inqui&s;ition upon a Gift of Lands for re|pair of a Church, and repair of High-ways. <HI>page 29</HI></ITEM>
<ITEM>An Inqui&s;ition upon a Will for building of an Alm&s;hou&s;e. <HI>111</HI></ITEM>
<ITEM>An Inqui&s;ition upon a Gift of Land given to a Free-School. <HI>115</HI></ITEM>
<ITEM>A Decree upon the Inqui&s;ition in the &s;even and twentieth <HI>page. 130</HI></ITEM>
<ITEM>Eexceptions to a Decree. <HI>137</HI></ITEM>
<ITEM>The An&s;wer to tho&s;e Exceptions. <HI>148</HI></ITEM>
<ITEM>A Decree wheren fourty &s;hillings <HI>per annum</HI> given out of Copihold Lands is Decreed, in which the Inqui&s;ition is recited. <HI>45</HI></ITEM>
<ITEM><HI>Win&s;or</HI> and <HI>Hiltons</HI> Ca&s;e in Michael. Term, <HI>1626. 55</HI></ITEM>
<ITEM>Six Que&s;tions re&s;olved in Michaelmas Term, the four and fourtieth of <HI>Elizab.</HI> by <HI>Egerton, Popham, Ander&s;on</HI> and <HI>Coke. 57</HI></ITEM>
<ITEM><HI>Ea&s;t-Green&s;teds</HI> Ca&s;e in Trinity, in <HI>9. Ca|roli. 60</HI></ITEM>
<ITEM>The poor of <HI>Waltham Stows</HI> Ca&s;e, in <HI>4. Ca|roli. 64</HI></ITEM>
<ITEM>The Inhabitants of <HI>Ea&s;t-Green&s;teds</HI> Ca&s;e. in Mich. Term, in <HI>10. Carol. 67</HI></ITEM>
<ITEM>The Ca&s;e of <HI>Sutton Colfield</HI> in Com. Warwick, in Hil. <HI>11. Caroli. 69</HI></ITEM>
<ITEM>The Mayor of <HI>Morpeths</HI> Ca&s;e, in <HI>5. Ca|roli. 72</HI></ITEM>
<ITEM><PB REF="81">The Ca&s;e of the Inhabitants of <HI>Woodford</HI> in E&s;&s;ex, in Hil. in <HI>14. Caroli. 74</HI></ITEM>
<ITEM>The Ca&s;e of <HI>Heming Ha&s;tings</HI> in Warwick|&s;hire, in <HI>6. Jacobi. 86</HI></ITEM>
<ITEM>The School of <HI>Thetfords</HI> Ca&s;e upon a Bill exhibited in Parliament, in <HI>8. Jacobi. 78</HI></ITEM>
<ITEM>Dame <HI>Billing&s;leys</HI> Ca&s;e, in <HI>12. Jacobi. 80</HI></ITEM>
<ITEM><HI>Collin&s;ons</HI> Ca&s;e, in <HI>15. Jacobi. 81</HI></ITEM>
<ITEM>Sir <HI>Thomas Middletons</HI> Ca&s;e, in <HI>1617. 82</HI></ITEM>
<ITEM><HI>Rivets</HI> Ca&s;e, in <HI>15. Jacobi. 83</HI></ITEM>
<ITEM><HI>Barnard Hidd's</HI> Ca&s;e. <HI>87</HI></ITEM>
<ITEM>The Ca&s;e between <HI>Plat</HI> and the <HI>Ma&s;ter</HI> and <HI>Fellows</HI> of St. <HI>Johns</HI> Colledge in Cambridge, in Mich. <HI>14 Caroli. 89</HI></ITEM>
<ITEM><HI>Je&s;us Colledge</HI> Ca&s;e in the Court of Wards referred to the Judges in <HI>13. Ja|cobi. 91</HI></ITEM>
<ITEM>The Lord <HI>Edward Mountagues</HI> Ca&s;e in the Court of Wards, in <HI>17. Jacobi. 92</HI></ITEM>
<ITEM><HI>Seymor</HI> again&s;t the poor of <HI>Twyford Trinity 1634. 93</HI></ITEM>
<ITEM>The Poore of <HI>Ea&s;t-Green&s;tead</HI> again&s;t <HI>Howard,</HI> in <HI>8.</HI> and <HI>10. Caroli. 94</HI></ITEM>
<ITEM><HI>Hungate</HI> on the part of the Inhabitants of <HI>Her|borne</HI> in <HI>3. Caroli. 94</HI></ITEM>
<ITEM><PB REF="82"><HI>Steward</HI> again&s;t <HI>Germyn,</HI> in <HI>41. Elizab. 95</HI></ITEM>
<ITEM><HI>Hellams</HI> Ca&s;e, in <HI>5. Caroli. 95</HI></ITEM>
<ITEM>The Schoole of <HI>Rigbyes</HI> Ca&s;e, in <HI>2. Caroli. 96</HI></ITEM>
<ITEM><HI>Hen&s;ons</HI> Ca&s;e, in <HI>41. Eliz. 97</HI></ITEM>
<ITEM><HI>Wingfields</HI> Ca&s;e, in <HI>4. Caroli. 97</HI></ITEM>
<ITEM><HI>Goffe</HI> again&s;t <HI>Web,</HI> in <HI>44. Eliz. 97</HI></ITEM>
<ITEM><HI>Champion</HI> again&s;t <HI>Smith,</HI> in <HI>3. Jacobi 98</HI></ITEM>
<ITEM><HI>Stoddards</HI> Ca&s;e, in <HI>20. Jacobi. 98</HI></ITEM>
<ITEM>The Ca&s;e of the Mayor and Burge&s;&s;e of <HI>Red|ding</HI> again&s;t <HI>Lane,</HI> in <HI>43. Eliz. 99</HI></ITEM>
<ITEM>The Mayor of <HI>Bri&s;tol</HI> again&s;t <HI>Whitton,</HI> in <HI>8.</HI> and <HI>9. Caroli. 100</HI></ITEM>
<ITEM>The Ca&s;e between <HI>Fi&s;her</HI> and <HI>Hills,</HI> in <HI>10. Ja|cobi. ibid.</HI></ITEM>
<ITEM><HI>Peacock</HI> again&s;t <HI>Thewer</HI> in <HI>Mich. 14. Ca|roli. 100</HI></ITEM>
<ITEM><HI>Pennington</HI> again&s;t <HI>Jennys,</HI> in <HI>2. Caroli. 101</HI></ITEM>
<ITEM><HI>Pember</HI> again&s;t the Inhabitants of <HI>King&s;ton,</HI> in Trin. <HI>15. Caroli. ibid.</HI></ITEM>
<ITEM><HI>Pen&s;tred</HI> again&s;t <HI>Panyer,</HI> in Trin. <HI>15. Caroli. 102</HI></ITEM>
<ITEM><HI>Bramble</HI> again&s;t the poor of <HI>Havering,</HI> in Trin. <HI>15. Caroli. ibid.</HI></ITEM>
<ITEM>The <HI>Mayor</HI> of <HI>Londons</HI> Ca&s;e. <HI>103</HI></ITEM>
<ITEM><PB REF="82">The Poor of <HI>Chelmsfords</HI> Ca&s;e in Michael|mas Term. <HI>1644. 103</HI></ITEM>
<ITEM>The Cau&s;e where Tenant in <HI>Capite</HI> Devi&s;ed all his Lands to charitable u&s;es. <HI>107</HI></ITEM>
</LIST>
<TRAILER>FINIS.</TRAILER>
</DIV1>
</BACK>
</TEXT>
</EEBO>
</ETS>
