







 
   
     
       
         The law of charitable uses. Wherein the statute of 43. Eliz. chap. 4. is set forth and explained; with directions how to sue out and prosecute commissions grounded upon that statute: also presidents, inquisitions, and decrees, with divers judgements, and resolutions upon exceptions and appeals against decrees; and other proceedings upon the said statute. By John Herne.
         Herne, John, fl. 1660.
      
       
         This text is an enriched version of the TCP digital transcription A86251 of text R202417 in the  English Short Title Catalog (Thomason E1921_2). Textual changes  and metadata enrichments aim at making the text more  computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life.  The text has been tokenized and linguistically annotated with  MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish.  This text has not been fully proofread 
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         99862710
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             The law of charitable uses. Wherein the statute of 43. Eliz. chap. 4. is set forth and explained; with directions how to sue out and prosecute commissions grounded upon that statute: also presidents, inquisitions, and decrees, with divers judgements, and resolutions upon exceptions and appeals against decrees; and other proceedings upon the said statute. By John Herne.
             Herne, John, fl. 1660.
          
           [8], 151, [9] p.
           
             Printed by T.R. for Timothy Twyford, and are to be sold at his shop, within the Inner-Temple-gate,
             London :
             1660.
          
           
             The first leaf and the last leaf are blank.
             Annotation on Thomason copy: "July".
             Reproduction of the original in the British Library.
          
        
      
    
     
       
         eng
      
       
         
           Charity laws and legislation -- England -- Early works to 1800.
           Uses (Law) -- England -- Early works to 1800.
        
      
    
       A86251  R202417  (Thomason E1921_2).  civilwar no The law of charitable uses.:  Wherein the statute of 43. Eliz. chap. 4. is set forth and explained; with directions how to sue out and prose Herne, John 1660    35848 4 0 0 0 0 0 1 B  The  rate of 1 defects per 10,000 words puts this text in the B category of texts with fewer than 10 defects per 10,000 words. 
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           THE
           LAW
           OF
           Charitable
           Uses
           .
           WHEREIN
           The
           
             Statute
          
           of
           43.
           
             Eliz.
             Chap.
          
           4.
           is
           set
           forth
           and
           Explained
           ;
           with
           Directions
           how
           to
           
             Sue
             out
          
           and
           
             prosecute
          
           Commissions
           grounded
           upon
           that
           
             Statute
             :
          
        
         
           Also
           
             Presidents
             ,
             Inquisitions
             ,
          
           and
           
             Decrees
             ,
          
           with
           divers
           
             Judgements
             ,
          
           and
           
             Resolutions
          
           upon
           
             Exceptions
          
           and
           
             Appeals
          
           against
           
             Decrees
             ;
          
           and
           other
           
             Proceedings
          
           upon
           the
           said
           
             Statute
             .
          
        
         
           By
           
             JOHN
             HERNE
             .
          
        
         
           
             LONDON
             ,
          
           Printed
           by
           
             T.
             R.
          
           for
           
             Timothy
             Twyford
             ,
          
           and
           are
           to
           be
           sold
           at
           his
           Shop
           ,
           within
           the
           
             Inner-Temple-Gate
             ,
          
           1660.
           
        
      
       
       
       
         
           To
           the
           Reader
           .
        
         
           TO
           commend
           the
           Piety
           of
           this
           
             Statute
             ,
          
           or
           to
           lament
           the
           want
           of
           a
           thorough
           Explanation
           ,
           would
           afford
           abundant
           matter
           for
           a
           long
           
             Preface
             ;
          
           but
           intending
           (
           as
           I
           ought
           )
           charity
           without
           ostentation
           ,
           I
           shall
           onely
           inform
           the
           
             Reader
             ,
          
           that
           being
           frequently
           present
           at
           
             Commissions
          
           grounded
           on
           this
           
             Statute
          
           of
           Charitable
           Uses
           ,
           I
           have
           found
           the
           
           Gentlemen
           of
           the
           Countrey
           ,
           
             Commissioners
             ,
             Jurors
             ,
          
           and
           parties
           prosecuting
           (
           by
           want
           of
           experience
           in
           
             Clerks
          
           attending
           such
           
             Commissioners
          
           )
           forced
           to
           unnecessary
           attendance
           and
           charge
           ;
           Whereupon
           grown
           almost
           weary
           of
           well-doing
           with
           ill
           direction
           ,
           they
           never
           cheerfully
           embraced
           the
           
             Commissions
             ;
          
           Nay
           ,
           many
           
             Inquisitions
          
           and
           
             Decrees
             ,
          
           which
           have
           been
           returned
           ,
           miscarried
           ,
           and
           were
           rendered
           ineffectuall
           through
           the
           unskilfulnesse
           of
           those
           that
           drew
           them
           :
           I
           have
           therefore
           ,
           to
           prevent
           such
           inconveniences
           in
           future
           ,
           published
           the
           
             Statute
             ,
          
           with
           severall
           Observations
           thereupon
           ,
           with
           divers
           Resolutions
           and
           Judgments
           of
           
             Lord
             
             Chancellors
             ,
             Keepers
             ,
          
           and
           
             Judges
          
           upon
           the
           same
           ,
           and
           upon
           Exceptions
           taken
           to
           severall
           
             Inquisitions
          
           and
           
             Decrees
          
           made
           by
           
             Commissioners
          
           on
           such
           
             Commissions
             :
          
           To
           which
           I
           have
           added
           some
           good
           forms
           of
           
             Inquisitions
             ,
             Decrees
          
           and
           
             Exceptions
          
           to
           
             Decrees
             ;
          
           that
           those
           Gentlemen
           who
           are
           Authorized
           to
           execute
           such
           
             Commissions
             ,
          
           may
           be
           better
           acquainted
           with
           the
           
             Statute
             ,
          
           and
           by
           it
           understand
           their
           power
           and
           duty
           ,
           with
           the
           best
           method
           of
           proceeding
           thereupon
           .
           And
           that
           the
           
             Clerks
          
           attending
           such
           
             Commissions
             ,
          
           may
           be
           furnished
           with
           
             Presidents
          
           of
           all
           sorts
           for
           the
           readier
           dispatch
           of
           the
           same
           ;
           my
           onely
           aim
           herein
           being
           ,
           to
           ease
           
           the
           Countrey
           and
           the
           Prosecutors
           of
           unnecessary
           charge
           and
           trouble
           ,
           and
           to
           render
           the
           proceedings
           upon
           such
           
             Commissions
          
           effectuall
           ;
           and
           my
           hope
           is
           ,
           that
           this
           Work
           will
           take
           that
           good
           effect
           for
           which
           it
           is
           intended
           .
        
         
           
             J.
             H.
             
          
        
      
    
     
       
       
         
           THE
           STATUTE
           Of
           Charitable
           Uses
           .
        
         
           
             
               43.
               Eliz.
               CHAP.
               4.
               
            
             
               An
               Act
               to
               redresse
               the
               mis-imployment
               of
               Lands
               ,
               Goods
               ,
               and
               Stocks
               of
               Money
               heretofore
               given
               to
               Charitable
               Uses
               .
            
          
        
         
           WHereas
           Lands
           ,
           Tenements
           ,
           Rents
           ,
           Annuities
           ,
           Profits
           ,
           Hereditaments
           Goods
           ,
           Chattells
           ,
           Money
           ,
           and
           Stocks
           of
           Money
           ,
           have
           been
           heretofore
           given
           ,
           limited
           ,
           appointed
           and
           assigned
           ,
           as
           well
           by
           the
           Queens
           most
           excellent
           Majesty
           ,
           and
           her
           most
           noble
           Progenitors
           ,
           as
           by
           sundry
           other
           well
           disposed
           persons
           ;
           some
           for
           relief
           of
           aged
           ,
           impotent
           and
           poor
           people
           ;
           some
           for
           maintenance
           of
           sick
           
           and
           maimed
           soldiers
           ,
           and
           Mariners
           ,
           Schools
           of
           Learning
           ,
           free
           Schools
           ,
           and
           Scholars
           of
           Vniversities
           ;
           some
           for
           repair
           of
           Bridges
           ,
           Ports
           ,
           Havens
           ,
           Causways
           ,
           Churches
           ,
           Sea-bancks
           and
           High-ways
           ;
           Some
           for
           education
           and
           preferment
           of
           Orphans
           ;
           some
           for
           ,
           or
           towards
           the
           Relief
           ,
           Stock
           ,
           or
           Maintenance
           for
           houses
           of
           Correction
           ;
           some
           for
           marriages
           of
           poor
           Maids
           ;
           some
           for
           supportation
           ,
           aid
           and
           help
           of
           young
           Tradesmen
           ,
           Handy-crafts-men
           ,
           and
           persons
           decayed
           ,
           and
           others
           for
           relief
           or
           redemption
           of
           Prisoners
           or
           Captives
           ,
           and
           for
           aid
           or
           ease
           of
           any
           poor
           Inhabitants
           concerning
           payment
           of
           
             Fifteens
             ,
          
           setting
           out
           of
           Soldiers
           and
           other
           Taxes
           ,
           which
           Lands
           ,
           Tenements
           ,
           Rents
           ,
           Annuities
           ,
           Profits
           ,
           Hereditaments
           ,
           Goods
           ,
           Chattels
           ,
           Money
           and
           Stocks
           of
           Money
           ,
           Neverthelesse
           ,
           have
           not
           been
           imployed
           ,
           according
           to
           the
           charitable
           intent
           of
           the
           Givers
           and
           Founders
           thereof
           ,
           by
           reason
           of
           frauds
           ,
           breaches
           of
           Trust
           ,
           and
           negligence
           in
           those
           that
           should
           pay
           ,
           deliver
           &
           imploy
           the
           same
           .
           For
           redresse
           and
           remedy
           whereof
           ;
           Be
           it
           enacted
           by
           Authority
           of
           this
           present
           Parliament
           .
           That
           it
           shall
           and
           may
           be
           lawfull
           ,
           to
           and
           for
           the
           Lord
           Chancellor
           ,
           or
           Keeper
           of
           the
           great
           Seal
           of
           
             England
          
           for
           the
           time
           being
           ,
           And
           for
           the
           Chancellor
           of
           the
           Dutchie
           of
           
             Lancaster
             ,
          
           for
           
           the
           time
           being
           ,
           for
           Lands
           within
           the
           County
           Palatine
           of
           
             Lancaster
             ,
          
           from
           time
           to
           time
           ,
           to
           award
           Commissions
           under
           the
           great
           Seal
           of
           
             England
             ,
          
           or
           the
           Seal
           of
           the
           County
           Palatine
           ,
           as
           the
           case
           shall
           require
           ,
           into
           all
           or
           any
           part
           or
           parts
           of
           this
           Realm
           respectively
           ,
           according
           to
           their
           severall
           Iurisdictions
           ,
           as
           aforesaid
           ,
           to
           the
           Bishops
           of
           every
           severall
           Diocesse
           and
           his
           Chancellor
           ,
           in
           case
           there
           shall
           be
           any
           Bishop
           of
           that
           Diocesse
           at
           the
           time
           of
           awarding
           of
           the
           same
           Commissions
           ,
           and
           to
           other
           persons
           of
           good
           and
           sound
           behaviour
           ,
           authorizing
           them
           thereby
           ,
           or
           any
           four
           or
           more
           of
           them
           ,
           to
           enquire
           as
           well
           by
           the
           Oaths
           of
           twelve
           men
           or
           more
           of
           the
           County
           ,
           as
           by
           all
           other
           good
           and
           lawfull
           ways
           and
           means
           ,
           of
           all
           and
           singular
           such
           Gifts
           ,
           Limitations
           ,
           Assignments
           and
           Appointments
           aforesaid
           ,
           and
           of
           the
           abuses
           ,
           breaches
           of
           Trust
           ,
           negligences
           ,
           mis-imployments
           ,
           not
           imploying
           ,
           concealing
           ,
           defrauding
           ,
           misconverting
           or
           misgoverning
           of
           any
           Lands
           ,
           Tenements
           ,
           Rents
           ,
           Annuites
           ,
           Profits
           ,
           Hereditaments
           ,
           Goods
           ,
           Chattels
           ,
           Money
           ,
           or
           Stocks
           of
           Money
           heretofore
           given
           ,
           limited
           ,
           appointed
           or
           assigned
           ,
           or
           which
           hereafter
           shall
           be
           given
           ,
           limited
           ,
           appointed
           ,
           or
           assigned
           ,
           to
           ,
           or
           for
           any
           the
           charitable
           and
           godly
           uses
           before
           rehearsed
           ,
           and
           after
           the
           said
           Commissioners
           ,
           
           or
           any
           four
           or
           more
           of
           them
           (
           upon
           calling
           the
           parties
           interessed
           in
           any
           such
           Lands
           ,
           Tenements
           ,
           Rents
           ,
           Annuities
           ,
           Profits
           ,
           Hereditaments
           ,
           Goods
           ,
           Chattels
           ,
           Money
           and
           Stocks
           of
           Money
           )
           shall
           make
           enquirie
           by
           the
           oaths
           of
           twelve
           men
           or
           more
           of
           the
           said
           county
           (
           whereunto
           the
           persons
           interessed
           shall
           and
           may
           have
           and
           take
           their
           lawfull
           challenge
           and
           challenges
           )
           and
           upon
           such
           enquiry
           ,
           hearing
           ,
           and
           examining
           thereof
           ,
           set
           down
           such
           Orders
           ,
           Iudgements
           and
           Decrees
           as
           the
           said
           Lands
           ,
           Tenements
           ,
           Rents
           ,
           Annuities
           ,
           Profits
           ,
           Goods
           ,
           Chattels
           ,
           Money
           ,
           or
           Stocks
           of
           money
           may
           be
           duly
           and
           faithfully
           imployed
           ,
           to
           and
           for
           such
           of
           the
           charitable
           uses
           and
           intents
           before
           rehearsed
           respectively
           for
           which
           they
           were
           given
           ,
           limited
           ,
           assigned
           or
           appointed
           by
           the
           Donors
           and
           Founders
           thereof
           ,
           which
           Orders
           ,
           Iudgements
           and
           Decrees
           not
           being
           contrary
           or
           repugnant
           to
           the
           Orders
           ,
           Statuts
           ,
           or
           Decrees
           of
           the
           Donors
           or
           Founders
           ,
           shall
           by
           the
           authority
           of
           this
           present
           Parliament
           stand
           firm
           &
           good
           according
           to
           the
           Tenor
           &
           Purport
           thereof
           ,
           and
           shall
           be
           executed
           accordingly
           ,
           untill
           the
           same
           shall
           be
           undone
           and
           altered
           by
           the
           Lord
           
             Chancellor
          
           of
           
             England
             ,
          
           or
           Lord
           
             Keeper
          
           of
           the
           great
           Seal
           of
           
             England
             ,
          
           or
           the
           
             Chancellor
          
           of
           the
           county
           Palatine
           of
           
             Lancaster
          
           respectively
           
           within
           their
           severall
           Iurisdictions
           ,
           upon
           complaint
           by
           any
           party
           grieved
           to
           be
           made
           to
           them
           .
        
         
           
             Provided
          
           always
           ,
           that
           neither
           this
           Act
           ,
           nor
           any
           thing
           therein
           contained
           ,
           shall
           in
           any
           wise
           extend
           to
           any
           Lands
           ,
           Tenements
           ,
           Rents
           ,
           Annuities
           ,
           profits
           ,
           goods
           ,
           chattells
           ,
           money
           or
           stocks
           of
           money
           ,
           given
           ,
           limited
           ,
           assigned
           or
           appointed
           ,
           or
           which
           shall
           be
           given
           ,
           limited
           ,
           appointed
           or
           assigned
           to
           any
           
             Colledge
             ,
             Hall
             ,
          
           or
           house
           of
           Learning
           within
           the
           Vniversities
           of
           
             Oxford
          
           or
           
             Cambridge
             ,
          
           or
           to
           the
           
             Colledges
          
           of
           
             Westminster
             ,
             Eaton
             ,
          
           or
           
             Winchester
             ,
          
           or
           any
           of
           them
           ,
           or
           to
           any
           
             Cathedrall
          
           or
           
             Collegiat
             Church
          
           within
           this
           Realm
           .
        
         
           And
           
             Provided
          
           also
           ,
           That
           neither
           this
           Act
           nor
           any
           thing
           therein
           shall
           extend
           to
           any
           
             City
          
           or
           
             Town
          
           corporate
           ,
           or
           to
           any
           the
           Lands
           or
           Tenements
           given
           to
           the
           uses
           aforesaid
           within
           any
           such
           
             city
          
           or
           
             town
          
           corporate
           ,
           where
           there
           is
           a
           speciall
           Governor
           or
           Governors
           appointed
           to
           govern
           or
           direct
           such
           Lands
           ,
           Tenements
           ,
           or
           things
           disposed
           to
           any
           the
           uses
           aforesaid
           ,
           neither
           to
           any
           
             Colledge
             ,
             Hospitall
          
           or
           
             Free-school
             ,
          
           which
           have
           speciall
           Visitors
           or
           Governors
           or
           Overseers
           appointed
           them
           by
           their
           Founders
           .
        
         
           
             Provided
          
           also
           ,
           and
           be
           it
           enacted
           by
           the
           Authority
           aforesaid
           ,
           that
           neither
           this
           Act
           ,
           nor
           
           any
           thing
           therein
           contained
           shall
           be
           any
           way
           prejudiciall
           or
           hurtfull
           to
           the
           jurisdiction
           of
           the
           Ordinary
           ,
           or
           power
           of
           the
           Ordinary
           ,
           but
           that
           he
           may
           lawfully
           in
           every
           cause
           execute
           and
           perform
           the
           same
           ,
           as
           though
           this
           Act
           had
           never
           been
           had
           or
           made
           .
        
         
           
             Provided
          
           also
           ,
           and
           be
           it
           enacted
           ,
           That
           no
           person
           or
           persons
           ,
           that
           hath
           ,
           or
           shall
           have
           any
           of
           the
           said
           Lands
           ,
           Tenements
           ,
           Rents
           ,
           Annuities
           ,
           Profits
           ,
           Hereditaments
           ,
           goods
           ,
           Chattels
           ,
           Money
           or
           Stocks
           of
           Money
           in
           his
           hands
           or
           possession
           ,
           or
           doth
           ,
           or
           shall
           pretend
           Title
           thereunto
           ,
           shall
           be
           named
           a
           Commissioner
           or
           a
           Iuror
           for
           any
           the
           causes
           aforesaid
           ,
           or
           being
           named
           ,
           shall
           execute
           or
           serve
           in
           the
           same
           .
        
         
           And
           
             Provided
          
           also
           ,
           That
           no
           person
           or
           persons
           which
           hath
           purchased
           or
           obtained
           ,
           or
           shall
           purchase
           or
           obtain
           upon
           valuable
           consideration
           of
           Money
           or
           Land
           ,
           any
           Estate
           in
           ,
           or
           Interest
           ,
           of
           ,
           in
           ,
           to
           ,
           or
           out
           of
           ,
           any
           Lands
           ,
           Tenements
           ,
           Rents
           ,
           Annuities
           ,
           Hereditaments
           ,
           Goods
           or
           Chattels
           that
           have
           been
           or
           shall
           be
           given
           ,
           limited
           or
           appionted
           to
           any
           of
           the
           charitable
           Vses
           above
           mentioned
           ,
           without
           fraud
           or
           covin
           (
           having
           no
           notice
           of
           the
           same
           charitable
           Vses
           )
           shall
           not
           be
           impeached
           by
           any
           Decrees
           or
           Orders
           of
           Commissioners
           above
           mentioned
           ,
           for
           ,
           or
           concerning
           the
           same
           his
           Estate
           or
           Interest
           ;
           And
           yet
           neverthelesse
           ,
           
           be
           it
           enacted
           ,
           that
           the
           said
           Commissioners
           ,
           or
           any
           four
           or
           more
           of
           them
           ,
           shall
           and
           may
           make
           Decrees
           and
           Orders
           for
           recompence
           to
           be
           made
           by
           any
           person
           or
           persons
           ,
           who
           being
           put
           in
           trust
           ,
           or
           having
           notice
           of
           the
           charitable
           Vses
           above
           mentioned
           ,
           hath
           ,
           or
           shall
           break
           the
           same
           trust
           ,
           or
           defraud
           the
           same
           Vses
           by
           any
           conveyance
           ,
           gift
           ,
           grant
           ,
           lease
           ,
           demise
           ,
           release
           or
           conversion
           whatsoever
           ,
           and
           against
           the
           Heirs
           ,
           Executors
           and
           Administrators
           of
           him
           ,
           them
           ,
           or
           any
           of
           them
           ,
           having
           assets
           in
           Law
           ,
           or
           equity
           ,
           so
           far
           as
           the
           same
           assets
           will
           extend
           .
        
         
           
             Provided
          
           always
           ,
           that
           this
           Act
           shall
           not
           extend
           to
           give
           power
           or
           authority
           to
           any
           Commissioners
           before
           mentioned
           ,
           to
           make
           any
           Orders
           ,
           Iudgements
           or
           Decrees
           ,
           for
           or
           concerning
           any
           Mannors
           ,
           Lands
           ,
           Tenements
           ,
           or
           other
           Hereditaments
           assured
           ,
           conveyed
           ,
           granted
           ,
           or
           come
           unto
           the
           Queens
           Majesty
           ,
           to
           the
           late
           King
           
             Hen.
          
           the
           8.
           
           King
           
             Edw.
          
           the
           6.
           or
           Q.
           
             Mary
             ,
          
           by
           Act
           of
           Parliament
           ,
           surrender
           ,
           exchange
           ,
           relinquishment
           ,
           escheat
           ,
           attainder
           ,
           conveyance
           or
           otherwise
           ;
           And
           yet
           ,
           neverthelesse
           ,
           be
           it
           enacted
           ,
           That
           if
           any
           such
           Mannors
           ,
           Lands
           ,
           Tenements
           ,
           or
           Hereditaments
           ,
           or
           any
           of
           them
           ,
           or
           any
           Estate
           ,
           rent
           or
           profit
           thereof
           ,
           or
           out
           of
           the
           same
           ,
           or
           any
           part
           thereof
           ,
           have
           or
           hath
           been
           given
           ,
           granted
           ,
           limited
           ,
           appointed
           or
           assigned
           to
           ,
           or
           for
           any
           the
           
           charitable
           Vses
           before
           expressed
           at
           any
           time
           since
           her
           Majesties
           Reign
           ,
           that
           then
           the
           said
           Commissioners
           ,
           or
           any
           four
           or
           more
           of
           them
           ,
           shall
           and
           may
           ,
           as
           concerning
           the
           same
           Lands
           ,
           Tenements
           ,
           Hereditaments
           ,
           Estate
           ,
           Rent
           or
           Profit
           ,
           so
           given
           ,
           limited
           ,
           appointed
           ,
           or
           assigned
           ,
           proceed
           to
           enquire
           and
           to
           make
           Orders
           ,
           Iudgements
           and
           Decrees
           according
           to
           the
           purport
           and
           meaning
           of
           this
           Act
           as
           before
           is
           mentioned
           in
           the
           last
           said
           mentioned
           
             Proviso
          
           notwithstanding
           .
        
         
           
             And
             be
          
           it
           further
           enacted
           ,
           that
           all
           Orders
           ,
           Iudgements
           and
           Decrees
           of
           the
           said
           Commissioners
           ,
           or
           of
           any
           four
           or
           more
           of
           them
           ,
           shal
           be
           certified
           under
           the
           seals
           of
           the
           said
           Commissioners
           ,
           or
           any
           four
           or
           more
           of
           them
           ,
           either
           into
           the
           Court
           of
           the
           Chancery
           of
           
             England
             ,
          
           or
           into
           the
           Court
           of
           the
           Chancery
           within
           the
           County
           Palatine
           of
           
             Lancaster
             ,
          
           as
           the
           case
           shall
           require
           respectively
           ,
           according
           to
           their
           severall
           jurisdictions
           ,
           within
           such
           convenient
           time
           as
           shall
           be
           limited
           in
           the
           said
           Commission
           .
        
         
           And
           that
           the
           said
           Lord
           Chancellor
           ,
           or
           Lord
           Keeper
           ,
           and
           the
           said
           Chancellor
           of
           the
           Dutchie
           ,
           shall
           and
           may
           within
           their
           said
           severall
           jurisdictions
           ,
           take
           such
           order
           for
           the
           due
           execution
           of
           all
           or
           any
           of
           the
           said
           Iudgments
           ,
           Orders
           ,
           Decrees
           ,
           as
           to
           either
           of
           them
           shall
           seem
           fit
           and
           convenient
           .
        
         
         
           
             And
          
           that
           if
           after
           any
           such
           certificate
           or
           certificates
           made
           ,
           any
           person
           or
           persons
           shall
           find
           themselves
           grieved
           with
           any
           of
           the
           said
           Orders
           ,
           Iudgments
           ,
           or
           Decrees
           ,
           that
           then
           it
           shall
           and
           may
           be
           lawfull
           to
           and
           for
           them
           ,
           or
           any
           of
           them
           ,
           to
           complain
           in
           that
           behalf
           unto
           the
           said
           Lord
           Chancellor
           ,
           or
           Lord
           Keeper
           ,
           or
           to
           the
           Chancellor
           of
           the
           said
           Dutchie
           of
           
             Lancaster
             ,
          
           according
           to
           their
           severall
           jurisdictions
           for
           redresse
           therein
           ,
           and
           that
           upon
           such
           complaint
           ,
           the
           said
           Lord
           Chancellor
           ,
           or
           Lord
           Keeper
           ,
           or
           the
           said
           Chancellor
           of
           the
           Dutchie
           may
           ,
           according
           to
           their
           said
           severall
           jurisdictions
           ,
           by
           such
           course
           as
           to
           their
           wisdome
           shall
           seem
           meetest
           ,
           the
           circumstances
           of
           the
           case
           considered
           ,
           proceed
           to
           the
           examination
           ,
           hearing
           and
           determining
           thereof
           ,
           and
           upon
           hearing
           thereof
           ,
           shall
           and
           may
           adnull
           ,
           diminish
           ,
           alter
           ,
           or
           enlarge
           the
           said
           Orders
           ,
           Iudgements
           and
           Decrees
           of
           the
           said
           Commissioners
           ,
           or
           any
           four
           or
           more
           of
           them
           ,
           as
           to
           either
           of
           them
           in
           their
           said
           severall
           jurisdictions
           shall
           be
           thought
           to
           stand
           with
           equity
           and
           good
           conscience
           ,
           according
           to
           the
           true
           intent
           and
           meaning
           of
           the
           Donors
           and
           Founders
           thereof
           ,
           and
           shall
           and
           may
           tax
           and
           award
           good
           costs
           of
           suit
           by
           their
           discretions
           against
           such
           persons
           as
           they
           shall
           finde
           to
           complain
           unto
           them
           without
           just
           and
           sufficient
           
           cause
           of
           the
           Orders
           ,
           Iudgements
           ,
           and
           Decrees
           before
           mentioned
           .
        
         
           
             The
             heads
             of
             the
             Statute
             of
             Charitable
             Uses
             .
          
           
             
               BY
               this
               Statute
               ,
               Authority
               is
               given
               to
               the
               Lord
               Chancellor
               ,
               or
               Lord
               Keeper
               ,
               and
               to
               the
               Chancellor
               of
               the
               Dutchy
               ,
               respectively
               ,
               to
               grant
               Commissions
               under
               their
               severall
               seales
               .
            
          
           
             
               Concerning
               these
               Commissions
               ,
               these
               six
               things
               are
               to
               be
               observed
               .
            
          
           
             
               
                 1.
                 
              
               The
               number
               ;
               the
               Commissioners
               must
               be
               four
               or
               more
               .
            
             
               
                 2.
                 
              
               The
               Commissioners
               must
               be
               the
               Bishop
               and
               Chancellor
               of
               the
               Diocesse
               ,
               if
               there
               be
               a
               Bishop
               ,
               and
               other
               persons
               of
               good
               and
               sound
               behaviour
               .
            
             
               
                 3.
                 
              
               In
               that
               Commission
               any
               four
               of
               them
               doe
               suffice
               to
               make
               Orders
               and
               Decrees
               ,
               for
               therein
               none
               is
               of
               the
               Quorum
               .
            
             
               
                 4.
                 
              
               None
               shall
               be
               Commissioners
               that
               have
               any
               part
               of
               the
               Land
               ,
               
                 &c.
              
               or
               goods
               or
               chattels
               ,
               money
               or
               stocks
               in
               question
               .
            
             
             
               
                 5.
                 
              
               The
               Commission
               is
               to
               limit
               a
               certain
               time
               within
               which
               the
               Commissioners
               are
               to
               order
               ,
               decree
               ,
               and
               certifie
               .
            
             
               
                 6.
                 
              
               Their
               Authority
               is
               to
               enquire
               as
               well
               by
               the
               Oaths
               of
               twelve
               men
               or
               more
               ,
               as
               by
               all
               other
               good
               wayes
               and
               means
               .
            
          
           
             
               Concerning
               the
               Jurors
               or
               Enquest
               of
               enquiry
               ,
               these
               two
               things
               are
               to
               be
               observed
               .
            
          
           
             
               
                 1.
                 
              
               The
               parties
               interessed
               may
               have
               their
               lawfull
               challenge
               and
               challenges
               .
            
             
               
                 2.
                 
              
               None
               that
               pretend
               title
               to
               any
               of
               the
               lands
               ,
               
                 &c.
              
               goods
               ,
               chattels
               ,
               money
               ,
               or
               stocks
               in
               question
               ,
               shall
               be
               a
               Juror
               ,
               
                 &c.
                 
              
            
          
           
             
               They
               are
               to
               enquire
               of
               all
               and
               singular
               gifts
               ,
               limitations
               ,
               and
               appointments
               of
               any
               Lands
               ,
               Tenemens
               ,
               Rents
               ,
               Annuities
               ,
               Profits
               ,
               Hereditaments
               ,
               Goods
               ,
               Chattels
               ,
               Money
               ,
               Stocks
               of
               money
               for
               21
               Charitable
               uses
               ,
               in
               relieving
               ,
               maintaining
               ,
               repairing
               ,
               educating
               ,
               preferring
               ,
               marrying
               ,
               supporting
               ,
               aiding
               ,
               helping
               ,
               redressing
               ,
               and
               easing
               .
            
          
           
             
               
                 1
              
               For
               reliefe
               of
               aged
               ,
               and
               impotent
               ,
               and
               poor
               people
               .
            
             
               
                 2
              
               For
               maintenance
               of
               sicke
               and
               maymed
               soldiers
               .
            
             
               
                 3
              
               Schools
               of
               Learning
               .
            
             
               
                 4
              
               Free
               Schools
               .
            
             
             
               
                 5
              
               Schollars
               in
               Vniversities
               .
            
             
               
                 6
              
               Houses
               of
               Correction
               .
            
             
               
                 7
              
               For
               repaire
               of
               Bridges
               .
            
             
               
                 8
              
               Of
               Ports
               and
               Havens
               .
            
             
               
                 9
              
               Of
               Cawsies
            
             
               
                 10
              
               Of
               Churches
               .
            
             
               
                 11
              
               Of
               Sea
               bancks
               .
            
             
               
                 12
              
               And
               of
               High
               wayes
               .
            
             
               
                 13
              
               For
               education
               and
               preferment
               of
               Orphans
               .
            
             
               
                 14
              
               For
               marriage
               of
               poor
               Maids
               .
            
             
               
                 15
              
               For
               supportation
               and
               helpe
               of
               young
               Tradesmen
               .
            
             
               
                 16
              
               Of
               Handicraftsmen
               .
            
             
               
                 17
              
               Of
               persons
               decayed
               .
            
             
               
                 18
              
               For
               Redemption
               or
               reliefe
               of
               Prisoners
               or
               Captives
               .
            
             
               
                 19
              
               For
               ease
               and
               aide
               of
               poore
               Inhabitants
               concerning
               payment
               of
               fifteens
               .
            
             
               
                 20
              
               Setting
               out
               of
               Souldiers
               .
            
             
               
                 21
              
               And
               other
               Taxes
               .
            
          
           
             
               And
               the
               Commissioners
               have
               power
               to
               enquire
               of
               these
               nine
               things
               ,
            
             
               
                 
                   1
                
                 Of
                 abuses
                 .
              
               
                 
                   2
                
                 Of
                 breaches
                 of
                 trust
                 .
              
               
                 
                   3
                
                 Of
                 negligences
                 .
              
               
                 
                   4
                
                 Of
                 misimployment
                 .
              
               
                 
                   5
                
                 Of
                 not
                 imploying
                 .
              
               
                 
                   6
                
                 Of
                 concealing
                 .
              
               
                 
                   7
                
                 Of
                 defrauding
                 .
              
               
                 
                   8
                
                 Of
                 misconverting
              
               
                 
                   9
                
                 Of
                 misgovernment
              
            
             
               of
               any
               lands
               ,
               tenements
               ,
               rents
               ,
               annuities
               ,
               profits
               ,
               hereditaments
               goods
               ,
               chattels
               ,
               money
               ,
               stocks
               of
               money
               given
               to
               any
               of
               the
               charitable
               uses
               aforesaid
               .
            
          
           
           
             
               But
               this
               Act
               doth
               not
               extend
               to
               all
               Lands
               ,
            
             &c.
             
               nor
               to
               all
               Goods
               and
               Chattels
               ,
               money
               ,
               or
               stocks
               of
               money
               given
               to
               any
               Charitable
               use
               aforesaid
               ,
               but
               certaine
               are
               exempted
               in
               these
               eight
               several
               Cases
               ,
            
             viz.
             
             
               
                 
                   1
                
                 Of
                 the
                 Colledges
                 and
                 Halls
                 in
                 either
                 of
                 the
                 Vniversities
                 of
                 
                   Cambridge
                
                 and
                 
                   Oxford
                   .
                
              
               
                 
                   2
                
                 Of
                 the
                 Colledge
                 of
                 
                   Westminster
                   .
                
              
               
                 
                   3
                
                 Of
                 the
                 Colledge
                 of
                 
                   Eaton
                   .
                
              
               
                 
                   4
                
                 Of
                 the
                 Colledge
                 of
                 
                   Winchester
                   .
                
              
               
                 
                   5
                
                 Of
                 any
                 City
                 or
                 Town
                 corporate
                 where
                 there
                 is
                 a
                 speciall
                 Governour
                 or
                 governours
                 of
                 such
                 Lands
                 .
              
               
                 
                   6
                
                 Of
                 any
                 Colledge
                 ,
                 Hospitall
                 ,
                 or
                 Free-school
                 which
                 have
                 speciall
                 Visitors
                 or
                 Governors
                 ,
                 or
                 Over-seers
                 appointed
                 to
                 them
                 by
                 the
                 Founders
                 .
              
               
                 
                   7
                
                 Of
                 Purchasors
                 having
                 these
                 three
                 qualities
                 ;
                 
                   
                     
                       1
                    
                     For
                     valuable
                     consideration
                     of
                     money
                     or
                     land
                     .
                  
                   
                     
                       2
                    
                     Without
                     fraud
                     or
                     covin.
                  
                   
                     
                       3
                    
                     Having
                     no
                     notice
                     of
                     the
                     same
                     charitable
                     use
                     .
                  
                
              
            
          
           
             
               But
               albeit
               the
               Commissioners
               cannot
               make
               a
               Decree
               against
               any
               such
               purchasors
               ,
               yet
               may
               
               they
               make
               Decrees
               for
               recompence
               to
               be
               made
               by
               any
               person
               or
               persons
               who
               being
               put
               in
               trust
               ,
               or
               having
               notice
               of
               the
               charitable
               Uses
               abovesaid
               ,
               have
               or
               shall
               break
               the
               said
               trust
               or
               defraud
               the
               same
               uses
               by
               any
               conveyance
               ,
               gift
               ,
               grant
               ,
               lease
               ,
               release
               or
               conversion
               ,
               and
               against
               his
               or
               their
               Heirs
               ,
               Executors
               ,
               Administrators
               ,
               having
               assets
               in
               Law
               or
               Equity
               so
               far
               as
               the
               same
               assets
               will
               extend
               .
            
          
           
             
               8.
               
            
             Of
             purchasors
             of
             Lands
             ,
             Tenements
             ,
             and
             Hereditaments
             assured
             ,
             conveyed
             or
             come
             to
             Queen
             
               Elizabeth
               ,
            
             Queen
             
               Mary
               ,
               Henry
               8.
            
             or
             
               Edw.
               6
            
             by
             Act
             of
             Parliament
             ,
             surrender
             ,
             exchange
             ,
             relinquishment
             ,
             escheat
             ,
             attornment
             ,
             conveyance
             or
             otherwise
             ;
             but
             if
             any
             such
             Mannors
             ,
             Lands
             ,
             
               &c.
            
             have
             since
             the
             beginning
             of
             Queen
             
               Elizabeths
            
             Reign
             been
             given
             ,
             
               &c.
            
             to
             any
             of
             the
             charitable
             uses
             before
             expressed
             ,
             then
             this
             Act
             doth
             extend
             to
             the
             same
             .
          
           
             
               Concerning
               the
               Certificate
               of
               the
               Commissioners
               ,
               these
               four
               things
               are
               to
               be
               observed
               :
            
             
               
                 
                   1.
                   
                
                 That
                 they
                 certifie
                 their
                 Order
                 and
                 Decree
                 respectively
                 ,
                 either
                 into
                 the
                 Court
                 of
                 Chancery
                 of
                 
                   England
                   ,
                
                 or
                 into
                 the
                 Chancery
                 of
                 the
                 County
                 Palatine
                 of
                 
                   Lancaster
                   ,
                
                 as
                 the
                 case
                 shall
                 require
                 .
              
               
                 
                   2.
                   
                
                 That
                 it
                 ought
                 to
                 be
                 in
                 Parchment
                 ,
                 under
                 the
                 hands
                 and
                 seals
                 of
                 the
                 Commissioners
                 .
              
               
               
                 
                   3.
                   
                
                 It
                 must
                 be
                 within
                 the
                 time
                 limited
                 in
                 the
                 Commission
                 .
              
               
                 
                   4.
                   
                
                 That
                 the
                 Lord
                 Chancellor
                 or
                 Lord
                 Keeper
                 ,
                 and
                 the
                 said
                 Chancellor
                 of
                 the
                 Dutchie
                 shall
                 and
                 may
                 within
                 their
                 severll
                 jurisdictions
                 ,
                 take
                 such
                 order
                 for
                 the
                 due
                 execution
                 of
                 all
                 or
                 any
                 of
                 the
                 said
                 Judgements
                 ,
                 Decrees
                 ,
                 and
                 Orders
                 so
                 certified
                 ,
                 as
                 to
                 either
                 of
                 them
                 shall
                 seem
                 fit
                 and
                 convenient
                 .
              
            
          
           
             In
             the
             Remedie
             for
             the
             parties
             grieved
             with
             such
             Decrees
             so
             certified
             ,
             these
             five
             things
             are
             to
             be
             considered
             .
          
           
             
               
                 1.
                 
              
               That
               he
               complain
               to
               the
               Lord
               Chancellor
               or
               Lord
               Keeper
               ,
               or
               to
               the
               Chancellor
               of
               the
               Dutchie
               ,
               according
               to
               their
               severall
               jurisdictions
               for
               redresse
               thereof
               ;
               And
               this
               Complaint
               is
               to
               be
               by
               Bill
               .
            
             
               
                 2.
                 
              
               Vpon
               such
               complaint
               ,
               first
               they
               shall
               respectively
               by
               such
               course
               as
               to
               their
               wisdomes
               shall
               seem
               meetest
               ,
               the
               circumstances
               of
               the
               case
               considered
               ,
               proceed
               to
               the
               hearing
               ,
               examination
               ,
               and
               determining
               thereof
               ;
               and
               upon
               hearing
               thereof
               ,
               shall
               or
               may
               adnull
               the
               whole
               ,
               diminish
               part
               ,
               or
               enlarge
               (
               that
               is
               ,
               confirm
               the
               former
               ,
               and
               enlarge
               the
               same
               by
               adding
               something
               thereunto
               )
               the
               Judgements
               and
               Decrees
               so
               certified
               .
            
             
             
               
                 3.
                 
              
               As
               shall
               be
               thought
               to
               stand
               with
               equitie
               and
               good
               conscience
               .
            
             
               
                 4.
                 
              
               According
               to
               the
               true
               intent
               and
               meaning
               of
               the
               Donors
               and
               Founders
               thereof
               ;
               and
               this
               is
               
                 lapis
                 ductitius
                 ,
              
               whereby
               the
               Commissioners
               and
               Chancellors
               must
               steer
               their
               course
               .
            
             
               
                 5.
                 
              
               And
               shall
               and
               may
               tax
               and
               award
               good
               costs
               of
               suit
               by
               their
               discretion
               respectively
               ,
               against
               such
               persons
               as
               shall
               complain
               to
               them
               respectively
               ,
               without
               just
               and
               sufficient
               cause
               of
               the
               Orders
               ,
               Judgements
               and
               Decrees
               before
               mentioned
               :
               But
               this
               Order
               being
               given
               and
               limited
               by
               an
               Act
               of
               Parliament
               ,
               no
               costs
               (
               if
               the
               Order
               ,
               Judgement
               ,
               or
               Decree
               be
               adnulled
               ,
               diminished
               ,
               or
               enlarged
               )
               ought
               to
               be
               given
               to
               the
               partie
               complaining
               .
            
          
        
         
         
           
             Proceedings
             upon
             the
             Statute
             of
             charitable
             Uses
             .
          
           
             
               A
               Warrant
               to
               call
               the
               Parties
               interessed
               in
               the
               Goods
               or
               Lands
               misimployed
               ,
               to
               appear
               before
               the
               Commissioners
               .
            
          
           
             
               
               WHereas
               by
               a
               Commission
               under
               the
               Great
               Seal
               of
               
                 England
                 ,
              
               bearing
               date
               at
               
                 Westminster
              
               the
               21
               day
               of
               
                 July
                 ,
              
               1659.
               
               We
               whose
               names
               are
               hereunder
               written
               ,
               for
               the
               due
               execution
               of
               a
               certain
               Statute
               ,
               made
               in
               the
               fourty
               third
               year
               of
               the
               Reign
               of
               the
               late
               Queen
               
                 Elizabeth
                 ,
              
               Entituled
               ,
               
                 An
                 Act
                 to
                 redresse
                 the
                 misimployment
                 of
                 Lands
                 ,
                 Goods
                 ,
                 and
                 Stocks
                 of
                 Money
                 heretofore
                 given
                 to
                 charitable
                 Vses
                 ,
              
               are
               (
               among
               others
               )
               authorized
               and
               impowered
               to
               make
               such
               enquiring
               ,
               Orders
               ,
               Judgements
               and
               Decrees
               ,
               touching
               the
               Premisses
               ,
               as
               in
               the
               said
               Statute
               and
               Commission
               are
               mentioned
               .
               And
               whereas
               complaint
               hath
               been
               made
               unto
               us
               by
               divers
               of
               the
               Inhabitants
               of
               
                 C.
              
               in
               the
               County
               of
               
                 E.
              
               That
               the
               rents
               ,
               issues
               and
               profits
               of
               certain
               Messuages
               and
               Lands
               in
               great
               
                 Chesterford
              
               in
               the
               said
               
               County
               heretofore
               given
               and
               appointed
               by
               one
               
                 T.
                 H.
              
               deceased
               ,
               for
               the
               aid
               of
               the
               Inhabitants
               of
               
                 C.
              
               aforesaid
               ,
               touching
               the
               payment
               of
               Fifteens
               ,
               reliefe
               of
               the
               poor
               ,
               and
               maintenance
               of
               the
               Highways
               ,
               and
               other
               charitable
               Uses
               ,
               there
               have
               been
               misgoverned
               ,
               misemployed
               &
               misconverted
               by
               you
               ,
               of
               which
               they
               desire
               that
               enquirie
               and
               redresse
               may
               be
               made
               .
               Now
               ,
               according
               to
               the
               directions
               of
               the
               said
               Statute
               and
               Commission
               ,
               we
               do
               hereby
               give
               you
               notice
               of
               the
               said
               complaint
               ,
               and
               also
               that
               we
               do
               intend
               to
               meet
               for
               the
               execution
               of
               the
               said
               Statute
               and
               Commission
               ,
               and
               to
               make
               enquirie
               of
               and
               touching
               the
               matters
               complained
               of
               as
               aforesaid
               ,
               on
               the
               twentieth
               day
               of
               
                 July
                 ,
              
               at
               the
               house
               of
               
                 T.
                 W.
              
               in
               
                 G.
              
               in
               the
               said
               County
               of
               
                 E.
              
               at
               which
               time
               and
               place
               ,
               we
               do
               desire
               you
               to
               be
               present
               to
               make
               your
               defence
               therein
               ,
               if
               you
               shall
               think
               it
               expedient
               .
               So
               fare
               you
               well
               ,
            
             
               
                 Your
                 loving
                 friends
                 ,
                 
                   
                     
                       A.
                       B.
                       
                    
                  
                   
                     
                       C.
                       D.
                       
                    
                  
                   
                     
                       E.
                       F.
                       
                    
                  
                   
                     
                       G.
                       H.
                       
                    
                  
                
              
            
          
           
             
               
                 
                   
                   
                     
                       To
                       the
                       Sheriff
                       of
                       the
                       County
                       of
                       
                         E.
                         
                      
                    
                     
                       
                       BY
                       vertue
                       of
                       a
                       Commission
                       under
                       the
                       Great
                       Seal
                       of
                       
                         England
                         ,
                      
                       bearing
                       date
                       at
                       
                         Westminster
                      
                       the
                       6
                       day
                       of
                       
                         May
                      
                       instant
                       ,
                       to
                       us
                       (
                       whose
                       names
                       are
                       hereunder
                       written
                       )
                       and
                       others
                       directed
                       ,
                       for
                       the
                       due
                       execution
                       of
                       a
                       Statute
                       ,
                       made
                       the
                       three
                       and
                       fourtieth
                       year
                       of
                       the
                       Reign
                       of
                       the
                       late
                       Queen
                       
                         Elizabeth
                         ,
                      
                       entituled
                       ,
                       
                         An
                         Act
                         to
                         redresse
                         the
                         misimployment
                         of
                         Lands
                         ,
                         Goods
                         ,
                         and
                         Stocks
                         of
                         money
                      
                       heretofore
                       given
                       to
                       charitable
                       Uses
                       .
                       We
                       do
                       will
                       end
                       require
                       you
                       ,
                       That
                       you
                       cause
                       to
                       come
                       before
                       us
                       ,
                       and
                       others
                       the
                       said
                       Commissioners
                       ,
                       or
                       any
                       four
                       of
                       us
                       ,
                       at
                       the
                       house
                       of
                       
                         A.
                         B.
                      
                       called
                       or
                       known
                       by
                       the
                       
                         Name
                      
                       or
                       
                         Sign
                      
                       of
                       the
                       
                         Crown
                      
                       in
                       
                         B.
                      
                       in
                       the
                       County
                       aforesaid
                       ,
                       on
                       the
                       10
                       day
                       of
                       
                         June
                      
                       now
                       next
                       ensuing
                       ,
                       by
                       nine
                       of
                       the
                       clock
                       in
                       the
                       morning
                       of
                       the
                       same
                       day
                       ,
                       twenty
                       four
                       honest
                       and
                       lawful
                       men
                       of
                       your
                       said
                       County
                       ,
                       to
                       enquire
                       upon
                       their
                       oaths
                       according
                       to
                       the
                       tenor
                       of
                       the
                       said
                       Commission
                       ,
                       what
                       Lands
                       ,
                       Tenements
                       ,
                       rents
                       ,
                       annuities
                       ,
                       profits
                       .
                       Hereditaments
                       ,
                       Goods
                       ,
                       Chattels
                       ,
                       Moneys
                       and
                       Stocks
                       of
                       Mony
                       ,
                       have
                       at
                       any
                       time
                       heretofore
                       been
                       given
                       ,
                       limited
                       ,
                       appointed
                       ,
                       or
                       assigned
                       for
                       any
                       the
                       charitable
                       Uses
                       in
                       the
                       said
                       Statute
                       and
                       Commission
                       
                       mentioned
                       ,
                       and
                       that
                       have
                       been
                       misimployed
                       ,
                       misconverted
                       ,
                       or
                       misgoverned
                       ,
                       and
                       of
                       other
                       the
                       matters
                       and
                       things
                       in
                       the
                       said
                       Commission
                       mentioned
                       in
                       that
                       behalf
                       ,
                       and
                       hereof
                       you
                       are
                       not
                       to
                       fail
                       .
                    
                     
                       
                         Given
                         under
                         our
                         Hands
                         and
                         Seals
                         
                           the
                           22
                           day
                           of
                           
                             May
                             ,
                          
                           in
                           the
                           year
                           of
                           our
                           Lord
                           ,
                           1658.
                           
                        
                      
                    
                  
                
              
            
             
               
                 
                   
                     When
                     four
                     or
                     more
                     of
                     the
                     Commissioners
                     are
                     mett
                     ,
                     then
                     read
                     the
                     Commission
                     .
                  
                
                 
                   
                     Then
                     call
                     the
                     Sheriff
                     to
                     return
                     his
                     Precept
                     .
                  
                
                 
                   
                     Then
                     call
                     the
                     Jury
                     .
                  
                
                 
                   
                     When
                     the
                     Jury
                     are
                     full
                     ,
                     then
                     call
                     the
                     parties
                     Defendants
                     ,
                     that
                     they
                     may
                     take
                     their
                     challenges
                     to
                     the
                     Jury
                     .
                  
                
                 
                   
                     Then
                     swear
                     the
                     Foreman
                     as
                     followeth
                     :
                  
                   
                     
                       
                         
                           
                             The
                             Oath
                             to
                             the
                             Foreman
                             of
                             the
                             Jury
                             .
                          
                           
                             YOu
                             shall
                             diligently
                             enquire
                             what
                             Lands
                             ,
                             Tenements
                             ,
                             Rents
                             ,
                             Annuities
                             ,
                             Profits
                             ,
                             Hereditaments
                             ,
                             Goods
                             ,
                             Chattels
                             ,
                             Money
                             ,
                             and
                             Stocks
                             of
                             Money
                             ,
                             have
                             been
                             heretofore
                             given
                             ,
                             limited
                             ,
                             appointed
                             ,
                             or
                             assigned
                             ,
                             as
                             well
                             by
                             any
                             King
                             or
                             Queen
                             of
                             
                               England
                               ,
                            
                             as
                             any
                             other
                             well
                             disposed
                             person
                             or
                             persons
                             for
                             relief
                             of
                             aged
                             ,
                             impotent
                             and
                             poor
                             people
                             ,
                             maintenance
                             of
                             sick
                             and
                             maimed
                             Soldiers
                             ,
                             Mariners
                             ,
                             Schools
                             of
                             Learning
                             ,
                             
                             Free
                             Schools
                             ,
                             and
                             Schollars
                             of
                             Vniversities
                             ,
                             repair
                             of
                             Bridges
                             ,
                             Ports
                             ,
                             Havens
                             ,
                             Cawsies
                             ,
                             Churches
                             ,
                             Sea-banks
                             ,
                             and
                             Highways
                             ,
                             education
                             and
                             preferment
                             of
                             Orphans
                             ,
                             marriage
                             of
                             poor
                             maids
                             ,
                             supportation
                             &
                             help
                             of
                             young
                             Tradesmen
                             ,
                             Handicraftsmen
                             ,
                             &
                             persons
                             decayed
                             ,
                             redemption
                             or
                             relief
                             of
                             prisoners
                             ,
                             and
                             captives
                             ,
                             ease
                             and
                             aid
                             of
                             poor
                             Inhabitants
                             concerning
                             payment
                             of
                             Fifteens
                             ,
                             setting
                             out
                             of
                             Soldiers
                             ,
                             and
                             other
                             taxes
                             ;
                             and
                             of
                             the
                             abuses
                             ,
                             breaches
                             of
                             trust
                             ,
                             negligences
                             ,
                             misimployment
                             ,
                             not
                             imploying
                             ,
                             concealing
                             ,
                             defrauding
                             ,
                             misconverting
                             ,
                             and
                             misgovernment
                             of
                             the
                             same
                             Lands
                             ,
                             Tenements
                             ,
                             Stocks
                             of
                             money
                             ,
                             and
                             other
                             things
                             ,
                             given
                             to
                             any
                             the
                             charitable
                             Vses
                             aforesaid
                             :
                             And
                             thereof
                             you
                             shall
                             make
                             a
                             true
                             presentment
                             according
                             to
                             your
                             evidence
                             ,
                             and
                             the
                             best
                             of
                             your
                             knowledge
                             ,
                             So
                             God
                             help
                             you
                             .
                          
                        
                      
                    
                  
                
              
            
             
               It
               is
               convenient
               to
               have
               the
               Inquisition
               ready
               drawn
               in
               Paper
               ,
               especially
               as
               to
               Wills
               and
               Deeds
               ,
               and
               the
               breaches
               of
               Trust
               ,
               
                 &c.
              
               and
               matters
               of
               Fact
               ,
               that
               so
               the
               Jury
               having
               a
               draught
               ready
               ,
               may
               with
               ease
               amend
               ,
               and
               make
               it
               ready
               to
               be
               engrossed
               ,
               and
               so
               save
               the
               Jury
               the
               trouble
               of
               another
               meeting
               .
            
          
        
         
         
           
             Inquisitions
             .
          
           
             
               
               AN
               Inquisition
               indented
               ,
               taken
               at
               
                 L.
              
               in
               the
               County
               aforesaid
               ,
               the
               four
               and
               twentieth
               day
               of
               
                 M.
              
               in
               the
               year
               of
               our
               Lord
               1658.
               before
               
                 W.
                 C.
                 R.
                 S.
              
               &c.
               by
               vertue
               of
               a
               Commission
               under
               the
               Great
               Seal
               of
               
                 England
                 ,
              
               to
               them
               and
               others
               directed
               ,
               for
               the
               due
               executing
               of
               a
               Statute
               made
               in
               the
               High
               Court
               of
               Parliament
               ,
               holden
               the
               27
               day
               of
               
                 October
                 ,
              
               in
               the
               three
               and
               fortieth
               year
               of
               the
               Reign
               of
               the
               late
               Queen
               ,
               intituled
               ,
               
                 An
                 Act
                 to
                 redresse
                 the
                 misimployment
                 of
                 Lands
                 ,
                 Goods
                 ,
                 and
                 Stocks
                 of
                 Money
                 heretofore
                 given
                 to
                 charitable
                 Vses
                 ,
              
               By
               the
               oaths
               of
               ,
               
                 &c.
              
               honest
               and
               lawfull
               men
               of
               the
               County
               aforesaid
               ,
               who
               being
               duly
               returned
               ,
               impannelled
               and
               sworn
               according
               to
               the
               said
               Statute
               and
               Commission
               ,
               say
               upon
               their
               oath
               ,
               That
               
                 M
                 G.
              
               late
               of
               
                 W.
              
               in
               the
               County
               of
               
                 E.
              
               Widow
               deceased
               ,
               long
               before
               her
               death
               ,
               did
               hold
               to
               her
               and
               her
               Heirs
               of
               the
               then
               Lady
               of
               the
               Mannor
               of
               
                 W.
              
               in
               the
               said
               County
               of
               
                 E.
              
               by
               Copy
               of
               Court-Roll
               according
               to
               the
               custom
               of
               the
               said
               Mannor
               ,
               all
               that
               Messuage
               with
               the
               Appurtenances
               ,
               scituate
               and
               lying
               at
               
                 P.
              
               of
               the
               yearly
               value
               of
               ,
               
                 &c.
              
               
               above
               all
               charges
               and
               reprizes
               .
               And
               the
               Jurors
               aforesaid
               do
               further
               say
               upon
               their
               oath
               ,
               That
               the
               said
               Tenement
               and
               Premises
               were
               divers
               years
               in
               the
               life
               time
               of
               the
               said
               
                 M.
                 G.
              
               held
               and
               enjoyed
               by
               
                 D.
                 B.
              
               late
               of
               
                 S.
              
               deceased
               ,
               and
               that
               the
               said
               
                 M.
                 G.
              
               did
               in
               her
               life
               time
               ,
               and
               long
               before
               her
               death
               ,
               assigne
               ,
               limit
               ,
               and
               appoint
               ,
               that
               thirty
               shillings
               of
               the
               rent
               of
               the
               said
               Tenement
               and
               Premises
               ,
               should
               be
               yearly
               imployed
               and
               bestowed
               ,
               in
               and
               for
               the
               reliefe
               of
               the
               poor
               people
               ,
               for
               the
               time
               ,
               and
               from
               time
               to
               time
               ,
               being
               in
               
                 W.
              
               aforesaid
               ,
               for
               ever
               ,
               and
               that
               the
               summ
               of
               thirty
               shillings
               
                 per
                 ann.
              
               was
               yearly
               for
               divers
               years
               together
               in
               the
               life
               time
               of
               the
               said
               
                 M.
                 G.
              
               and
               by
               her
               direction
               ,
               gift
               and
               appointment
               ,
               paid
               to
               the
               Churchwardens
               of
               the
               said
               Parish
               for
               the
               relief
               of
               the
               poor
               there
               .
               And
               the
               Jurors
               aforesaid
               do
               further
               say
               upon
               their
               oath
               ,
               That
               the
               said
               
                 M.
                 G.
              
               to
               the
               intent
               the
               said
               yearly
               summ
               of
               thirty
               shillings
               might
               be
               the
               better
               secured
               to
               be
               paid
               unto
               the
               poor
               of
               the
               said
               Parish
               of
               
                 W.
              
               in
               her
               life
               time
               
                 (
                 to
                 wit
                 )
              
               the
               ,
               
                 &c.
              
               did
               surrender
               the
               same
               Tenement
               and
               Premisses
               ,
               according
               to
               the
               custom
               of
               the
               said
               Mannor
               ,
               into
               the
               hands
               of
               the
               then
               Lady
               of
               the
               said
               Mannor
               ,
               to
               the
               use
               of
               such
               person
               and
               persons
               ,
               and
               to
               the
               use
               and
               intent
               of
               the
               Testament
               or
               last
               Will
               of
               the
               said
               
                 M.
                 G.
              
               as
               by
               the
               Copy
               of
               the
               
               Court-Roll
               of
               the
               same
               Mannor
               to
               the
               Jurors
               aforesaid
               in
               evidence
               now
               shewed
               ,
               it
               doth
               and
               may
               appear
               .
               And
               the
               Jurors
               aforesaid
               do
               further
               say
               upon
               their
               oath
               ,
               that
               the
               said
               
                 M.
                 G.
              
               after
               the
               making
               of
               the
               said
               surrender
               ,
               did
               declare
               her
               Will
               ,
               minde
               ,
               and
               desire
               ,
               to
               be
               ,
               and
               did
               assign
               ,
               limit
               and
               appoint
               ,
               That
               thirty
               shillings
               out
               of
               the
               said
               Rents
               ,
               Issues
               and
               Profits
               of
               the
               said
               Tenement
               and
               Premisses
               ,
               should
               yearly
               ,
               and
               every
               year
               for
               ever
               then
               after
               ,
               be
               paid
               to
               the
               Churchwardens
               of
               the
               Parish
               of
               
                 W.
              
               aforesaid
               for
               the
               time
               ,
               and
               from
               time
               to
               time
               ,
               being
               for
               and
               towards
               the
               relief
               of
               the
               poor
               people
               of
               the
               Parish
               of
               
                 W.
              
               aforesaid
               .
               And
               the
               Jurors
               aforesaid
               do
               further
               say
               upon
               their
               oath
               ,
               That
               the
               said
               
                 M.
                 G.
              
               on
               ,
               or
               about
               the
               day
               of
               ,
               
                 &c.
              
               died
               ,
               and
               that
               the
               said
               
                 D.
                 B.
              
               having
               notice
               of
               the
               charitable
               Devise
               ,
               Assignment
               ,
               and
               appointment
               of
               the
               said
               
                 M.
                 G.
              
               aforesaid
               ,
               to
               and
               for
               the
               pious
               use
               aforesaid
               ,
               did
               for
               some
               years
               after
               the
               death
               of
               the
               said
               
                 M.
                 G.
              
               hold
               and
               enjoy
               the
               said
               Tenement
               and
               Premisses
               ,
               and
               did
               pay
               the
               same
               thirty
               shillings
               yearly
               to
               the
               Church-wardens
               of
               the
               said
               Parish
               ,
               for
               the
               relief
               of
               the
               poor
               of
               
                 W.
              
               aforesaid
               accordingly
               .
               And
               the
               Jurors
               aforesaid
               do
               further
               say
               upon
               their
               oath
               ,
               That
               since
               the
               death
               of
               the
               
               said
               
                 M.
                 G.
              
               the
               said
               
                 D.
                 B.
              
               during
               his
               life
               ,
               and
               from
               and
               after
               his
               death
               ,
               
                 R.
                 B.
              
               Son
               of
               the
               said
               
                 D.
                 B.
              
               have
               held
               and
               enjoyed
               the
               said
               Tenement
               and
               Premises
               ,
               and
               received
               ,
               and
               hath
               taken
               the
               Rents
               and
               Profits
               thereof
               ,
               as
               owners
               of
               the
               same
               Premisses
               ,
               by
               vertue
               ,
               as
               they
               affirm
               ,
               of
               some
               surrender
               ,
               or
               other
               assurance
               thereof
               made
               by
               
                 J.
                 G.
              
               deceased
               ,
               who
               was
               Son
               and
               Heir
               of
               
                 M.
                 G.
              
               And
               that
               the
               said
               
                 R.
                 B.
              
               and
               —
               
                 B.
              
               have
               for
               the
               space
               of
               these
               eight
               years
               ,
               now
               last
               past
               ,
               detained
               the
               said
               Gift
               of
               thirty
               shillings
               from
               the
               said
               charitable
               Use
               ,
               to
               and
               for
               which
               the
               same
               was
               Devised
               ,
               assigned
               ,
               and
               limited
               ,
               as
               aforesaid
               .
               And
               that
               at
               the
               Feast
               of
               ,
               
                 &c.
              
               there
               was
               ,
               and
               yet
               is
               the
               summ
               of
               ,
               
                 &c.
              
               of
               the
               said
               yearly
               payment
               of
               thirty
               shillings
               
                 per
                 ann.
              
               so
               Devised
               ,
               limited
               ,
               assigned
               and
               appoined
               by
               the
               said
               
                 M
                 G.
              
               to
               and
               for
               the
               charitable
               use
               ,
               intent
               ,
               and
               purpose
               aforesaid
               ,
               behind
               ,
               arrear
               and
               unpaid
               .
               In
               witness
               ,
               
                 &c.
                 
              
            
          
           
           
             
               
               AN
               
                 Inquisition
              
               indented
               ,
               taken
               at
               the
               
                 S.
              
               at
               
                 B.
              
               in
               the
               said
               County
               ,
               the
               day
               of
               
                 &c.
              
               before
               
                 J.
                 W.
                 W.
                 E.
                 &c.
                 
              
               Gent.
               by
               vertue
               of
               a
               Commission
               under
               the
               Great
               Seal
               of
               
                 England
                 ,
              
               bearing
               date
               ,
               
                 &c.
              
               to
               them
               and
               divers
               other
               persons
               directed
               ,
               for
               the
               due
               execution
               of
               a
               Statute
               made
               in
               the
               High
               Court
               of
               Parliament
               ,
               holden
               the
               27
               day
               of
               
                 October
                 ,
              
               in
               the
               three
               and
               fortieth
               year
               of
               the
               Reign
               of
               the
               late
               Queen
               
                 Elizabeth
                 ,
              
               intituled
               ,
               
                 An
                 Act
                 to
                 redresse
                 the
                 misimployment
                 of
                 Lands
                 ,
                 Goods
                 ,
                 and
                 Stocks
                 of
                 Money
                 heretofore
                 given
                 to
                 charitable
                 uses
                 ,
              
               by
               the
               oaths
               of
               
                 J.
                 F.
                 R.
                 L.
              
               &c.
               honest
               and
               lawfull
               men
               of
               the
               said
               County
               ,
               who
               being
               duly
               returned
               ,
               impannelled
               and
               sworn
               according
               to
               the
               said
               Statute
               and
               Commission
               ,
               do
               say
               upon
               their
               oaths
               ,
               That
               one
               
                 M.
                 B.
              
               on
               ,
               or
               about
               the
               day
               of
               ,
               
                 &c.
              
               was
               seized
               in
               his
               Demesne
               as
               of
               Fee
               ,
               of
               and
               in
               one
               Messuage
               ,
               
                 &c.
                 
              
               And
               that
               the
               said
               
                 M.
                 B.
              
               being
               so
               seized
               of
               the
               said
               Messuages
               and
               Premisses
               aforesaid
               ,
               he
               the
               said
               
                 M.
                 B.
              
               made
               his
               last
               Will
               and
               Testament
               in
               Writing
               ,
               bearing
               date
               the
               day
               of
               ,
               
                 &c.
              
               and
               by
               the
               same
               his
               said
               Will
               ,
               did
               amongst
               other
               things
               ,
               give
               ,
               demise
               ,
               and
               bequeath
               the
               said
               Messuages
               called
               
                 C.
              
               to
               
                 A.
              
               his
               wife
               ,
               during
               
               her
               life
               ,
               and
               after
               her
               decease
               ,
               to
               the
               Church
               of
               
                 T.
              
               aforesaid
               ,
               in
               these
               words
               following
               :
               
                 Item
                 ,
                 I
                 give
                 ,
              
               &c.
               
               And
               the
               Jurors
               aforesaid
               do
               further
               say
               upon
               their
               oaths
               ,
               That
               one
               
                 T.
                 K.
              
               on
               ,
               or
               about
               the
               day
               of
               ,
               
                 &c.
              
               did
               enter
               into
               the
               said
               Messuages
               and
               Premisses
               called
               
                 C.
              
               and
               by
               himself
               and
               his
               under
               Tenants
               ,
               possessed
               and
               enjoyed
               the
               same
               ,
               and
               took
               and
               received
               the
               rents
               and
               profits
               thereof
               during
               his
               life
               ,
               paying
               onely
               seven
               Nobles
               
                 per
                 ann
              
               out
               of
               the
               rents
               and
               profits
               of
               the
               same
               to
               the
               Churchwardens
               and
               Parish
               of
               
                 T.
              
               to
               and
               for
               the
               charitable
               Use
               aforesaid
               :
               And
               the
               Jurors
               aforesaid
               do
               further
               say
               upon
               their
               oaths
               ,
               That
               after
               the
               death
               of
               the
               said
               
                 T.
                 K.
                 E.
                 K.
              
               Son
               of
               the
               said
               
                 T.
                 K.
              
               now
               also
               deceased
               ,
               entred
               into
               the
               said
               Messuages
               and
               Premisses
               ,
               and
               by
               himself
               and
               his
               under
               tenants
               ,
               did
               take
               and
               receive
               the
               rents
               and
               profits
               thereof
               during
               his
               life
               ,
               and
               continued
               the
               payment
               of
               the
               said
               seven
               Nobles
               
                 per
                 ann.
              
               for
               the
               same
               to
               the
               said
               Church
               ,
               untill
               about
               twelve
               years
               last
               past
               ,
               at
               which
               time
               the
               said
               
                 E.
                 K.
              
               did
               refuse
               to
               continue
               the
               payment
               of
               the
               said
               seven
               Nobles
               
                 per
                 ann.
              
               any
               longer
               .
               And
               the
               Jurors
               aforesaid
               do
               further
               say
               upon
               their
               oaths
               ,
               that
               the
               said
               Messuages
               ,
               so
               as
               aforesaid
               divised
               ,
               was
               divers
               years
               since
               made
               ,
               divided
               ,
               and
               converted
               into
               severall
               Tenements
               .
               
               And
               that
               the
               said
               Massuage
               or
               Tenement
               ,
               called
               
                 C.
              
               and
               now
               commonly
               called
               by
               the
               name
               of
               the
               
                 Church-House
                 ,
              
               is
               now
               ,
               and
               for
               divers
               years
               last
               past
               ,
               hath
               been
               in
               the
               possession
               of
               
                 E.
                 C.
              
               And
               that
               the
               said
               Houses
               ,
               Tenements
               and
               Cottages
               in
               
                 T.
              
               aforesaid
               ,
               now
               in
               the
               Tenure
               or
               Occupation
               of
               
                 E.
                 P.
              
               Widow
               ,
               were
               formerly
               out-houses
               ,
               belonging
               to
               ,
               and
               parcell
               of
               the
               said
               Messuage
               and
               Premisses
               with
               the
               Appurtenances
               ,
               called
               
                 C.
                 alias
              
               the
               
                 Church-House
                 .
              
               And
               the
               said
               Jurors
               do
               further
               say
               upon
               their
               oaths
               ,
               That
               the
               said
               Messuage
               or
               Tenement
               ,
               Houses
               and
               Premisses
               ,
               now
               are
               ,
               and
               for
               these
               six
               years
               last
               past
               ,
               have
               been
               of
               the
               clear
               yearly
               value
               of
               ,
               
                 &c.
              
               above
               the
               moneys
               payable
               out
               of
               the
               Rents
               and
               Profits
               thereof
               ,
               to
               and
               for
               the
               superstitious
               uses
               above
               mentioned
               ,
               and
               all
               other
               charges
               and
               reprizes
               .
               And
               the
               Jurors
               aforesaid
               ,
               do
               further
               say
               upon
               their
               oaths
               ,
               That
               sithence
               the
               death
               of
               the
               said
               
                 E.
                 K.
              
               which
               happened
               about
               two
               years
               since
               ,
               the
               rents
               of
               the
               Messuage
               ,
               Tement
               ,
               and
               other
               the
               Premisses
               ,
               have
               been
               claimed
               by
               
                 T.
                 K.
              
               Son
               and
               Heir
               of
               
                 E.
                 K.
              
               as
               belonging
               to
               him
               as
               Son
               and
               Heir
               to
               his
               said
               Father
               ,
               and
               that
               the
               said
               Messuage
               ,
               Tenement
               and
               Premisses
               have
               been
               enjoyed
               and
               disposed
               of
               by
               him
               the
               said
               
                 T.
                 K.
              
               
               and
               his
               under
               Tenants
               ,
               and
               the
               Issues
               ,
               Rents
               and
               Profits
               growing
               and
               arising
               out
               of
               the
               same
               for
               these
               two
               years
               last
               past
               ,
               have
               been
               received
               and
               enjoyed
               by
               the
               said
               
                 T.
                 K.
              
               and
               by
               him
               converted
               to
               his
               own
               particular
               use
               and
               benefit
               .
               In
               witnesse
               whereof
               ,
               to
               one
               part
               of
               this
               present
               
                 Inquisition
              
               delivered
               by
               the
               said
               Jurors
               to
               the
               said
               Commissioners
               ,
               and
               by
               them
               to
               be
               returned
               into
               the
               high
               Court
               of
               Chancery
               ,
               as
               well
               the
               said
               Commissioners
               as
               the
               said
               Jurors
               have
               set
               their
               Hands
               and
               Seals
               .
               And
               the
               other
               part
               thereof
               remaining
               with
               the
               Fore-man
               of
               the
               said
               Jurors
               ,
               the
               said
               Commissioners
               have
               set
               their
               Hands
               and
               Seals
               the
               day
               and
               year
               first
               above
               written
               .
            
          
           
             
               
               AN
               Inquisition
               ,
               
                 &c.
              
               By
               the
               oaths
               of
               ,
               
                 &c.
              
               who
               being
               duly
               returned
               ,
               impannelled
               and
               sworn
               according
               to
               the
               said
               Statute
               and
               Commission
               ,
               say
               upon
               their
               oath
               ,
               That
               on
               or
               about
               the
               tenth
               day
               of
               
                 J.
              
               in
               the
               twentieth
               year
               of
               the
               Reign
               of
               
                 Henry
              
               the
               eighth
               late
               King
               of
               
                 England
                 J.
                 C.
                 R.
                 A.
                 J.
                 C.
                 T.
                 B.
                 W.
                 C.
                 W.
                 S.
                 T.
                 T
                 ,
              
               and
               
                 T.
                 W.
              
               as
               
               Feoffees
               in
               Trust
               for
               one
               
                 J.
                 B.
              
               sometimes
               of
               
                 E.
              
               in
               the
               said
               County
               Yeoman
               deceased
               ,
               stood
               joyntly
               seise
               of
               and
               in
               their
               Demesne
               as
               of
               Fee
               in
               one
               Messuage
               ,
               with
               the
               Appurtenances
               ,
               scituate
               and
               being
               in
               
                 G.
              
               in
               the
               County
               aforesaid
               ,
               
                 &c.
                 
              
               And
               that
               the
               said
               
                 J
                 C.
                 R.
                 A.
              
               and
               other
               the
               aforesaid
               Feoffees
               ,
               being
               so
               of
               the
               said
               Messuage
               ,
               Lands
               and
               Premisses
               seised
               in
               Trust
               ,
               as
               aforesaid
               ,
               the
               said
               
                 J.
                 B.
              
               made
               his
               last
               Will
               and
               Testament
               in
               Writing
               ,
               bearing
               date
               the
               sixteenth
               day
               of
               
                 A.
              
               in
               the
               said
               twentieth
               year
               of
               the
               Reign
               of
               the
               said
               late
               King
               
                 H.
              
               8.
               and
               by
               the
               same
               did
               will
               ,
               declare
               and
               appoint
               ,
               that
               they
               the
               said
               
                 J.
                 C.
                 R.
                 A.
              
               and
               other
               his
               Trustees
               aforesaid
               ,
               their
               Heirs
               and
               Assignes
               ,
               and
               all
               such
               other
               person
               and
               persons
               as
               should
               stand
               seised
               of
               the
               said
               Messuage
               ,
               Lands
               and
               Premisses
               ,
               with
               the
               Appurtenances
               ,
               from
               time
               to
               time
               ,
               of
               the
               issues
               and
               profits
               coming
               and
               growing
               of
               the
               said
               Tenement
               and
               Lands
               ,
               should
               sufficiently
               repair
               ,
               new
               build
               ,
               and
               maintain
               the
               Houses
               ,
               Edifices
               and
               Buildings
               of
               the
               said
               Tenement
               ,
               as
               often
               ,
               and
               when
               as
               need
               should
               be
               for
               evermore
               .
               And
               further
               ,
               that
               the
               said
               Feoffees
               ,
               of
               the
               issues
               and
               profits
               coming
               of
               the
               said
               Tenement
               ,
               Lands
               and
               other
               the
               Premisses
               with
               the
               Appurtenance
               ,
               should
               do
               ,
               keep
               and
               find
               on
               the
               day
               of
               the
               Moneth
               ,
               that
               the
               said
               
                 J.
                 B.
              
               deceased
               ,
               or
               
               within
               six
               days
               before
               ,
               or
               within
               six
               days
               after
               ,
               an
               yearly
               
                 obit
              
               or
               
                 anniversary
              
               within
               the
               aforesaid
               Parish
               Church
               of
               
                 E.
              
               for
               the
               Souls
               of
               the
               said
               
                 J.
                 B.
              
               the
               Souls
               of
               his
               father
               and
               mother
               ,
               his
               wife
               and
               children
               ,
               and
               all
               Christian
               souls
               ,
               and
               that
               the
               Feoffees
               or
               their
               Assignes
               ,
               should
               expend
               yearly
               at
               every
               
                 Obit
              
               so
               kept
               ,
               and
               for
               his
               Name
               to
               be
               had
               in
               the
               Bedroll
               ,
               6
               
                 
                   s
                
              
               8
               
                 
                   d
                
              
               And
               that
               all
               other
               issues
               and
               profits
               coming
               and
               growing
               of
               the
               said
               Tenement
               ,
               Lands
               ,
               and
               other
               the
               Premisses
               ,
               with
               the
               Appurtenances
               over
               and
               above
               the
               said
               Edifices
               ,
               and
               reparations
               ,
               and
               the
               said
               6
               
                 
                   s
                
              
               8
               
                 
                   d
                
              
               for
               the
               said
               
                 Obit
              
               and
               
                 Bedroll
              
               should
               be
               expended
               ,
               distributed
               ,
               and
               laid
               out
               in
               making
               and
               mending
               of
               the
               Highways
               between
               
                 H.
              
               in
               the
               said
               County
               ,
               and
               the
               City
               of
               
                 L.
              
               and
               in
               other
               deeds
               of
               Piety
               and
               Charity
               by
               the
               discretion
               of
               two
               of
               the
               said
               Feoffees
               .
               Provided
               always
               ,
               that
               the
               profits
               of
               all
               Woods
               and
               Wood-sale
               that
               should
               come
               and
               grow
               of
               the
               Grove
               called
               
                 R.
              
               should
               be
               distributed
               ,
               one
               time
               to
               the
               use
               of
               the
               aforesaid
               Parish
               Church
               of
               
                 E.
              
               and
               at
               another
               time
               to
               the
               use
               of
               the
               Parish
               Church
               of
               
                 T.
                 G.
              
               aforesaid
               ,
               the
               profits
               of
               the
               first
               Wood-sale
               to
               the
               use
               of
               the
               Parish
               Church
               of
               
                 E.
              
               And
               further
               ,
               that
               two
               Persons
               being
               Feoffees
               ,
               of
               ,
               and
               in
               the
               said
               Tenement
               ,
               and
               Lands
               ,
               and
               other
               the
               Premises
               ,
               with
               the
               appurtenances
               ,
               should
               take
               and
               
               levie
               to
               the
               uses
               aforesaid
               ,
               all
               the
               issues
               and
               profits
               of
               the
               same
               ,
               and
               to
               distribute
               and
               dispose
               them
               in
               manner
               and
               form
               as
               the
               said
               
                 J.
                 B.
              
               hath
               before
               willed
               and
               declared
               :
               Provided
               always
               ,
               that
               no
               person
               which
               should
               have
               the
               levying
               and
               gathering
               of
               the
               same
               issues
               and
               profits
               of
               the
               said
               Tenements
               ,
               Lands
               and
               other
               the
               Premisses
               ,
               with
               the
               Appurtenances
               should
               levie
               and
               gather
               them
               over
               and
               above
               one
               whole
               year
               together
               ,
               but
               that
               yearly
               an
               Election
               to
               be
               made
               of
               two
               persons
               of
               the
               said
               Feoffees
               to
               be
               Renters
               and
               Gatherers
               of
               the
               said
               issues
               and
               profits
               ,
               to
               the
               use
               and
               intent
               before
               expressed
               ;
               And
               that
               the
               said
               persons
               so
               elected
               and
               named
               Renters
               and
               Gatherers
               should
               yearly
               give
               up
               their
               accompt
               before
               the
               residue
               of
               the
               said
               Feoffees
               which
               shall
               stand
               seised
               of
               ,
               and
               in
               the
               said
               Tenement
               ,
               Lands
               ,
               and
               other
               the
               Premisses
               ,
               with
               the
               Appurtenances
               ,
               or
               before
               the
               most
               part
               of
               them
               ,
               on
               the
               day
               of
               Saint
               
                 J.
              
               in
               Christmas
               week
               ,
               and
               that
               every
               person
               so
               levying
               and
               gathering
               the
               said
               issues
               of
               the
               said
               Tenement
               and
               Lands
               ,
               shall
               have
               for
               their
               labour
               and
               businesse
               in
               that
               behalf
               ,
               12
               
                 
                   d
                
              
               And
               that
               such
               persons
               as
               were
               seised
               and
               infeoffed
               at
               the
               making
               and
               declaring
               of
               his
               said
               Testament
               and
               last
               Will
               ,
               of
               &
               in
               the
               said
               Tenement
               ,
               Lands
               ,
               and
               other
               the
               Premises
               ,
               with
               the
               Appurtenances
               ,
               
               should
               make
               an
               Estate
               and
               Feoffment
               of
               and
               in
               the
               same
               unto
               twenty
               four
               honest
               persons
               ,
               dwelling
               and
               inhabiting
               within
               the
               aforesaid
               Parishes
               of
               
                 E.
              
               and
               
                 T.
                 G.
              
               And
               that
               the
               said
               twenty
               persons
               ,
               and
               their
               heires
               should
               stand
               seised
               and
               enfeoffed
               of
               and
               in
               the
               said
               Tenement
               ,
               Lands
               ,
               and
               other
               the
               premises
               ,
               with
               the
               appurtenances
               ,
               to
               the
               use
               and
               performance
               of
               the
               said
               Testament
               and
               last
               Will
               of
               the
               aforesaid
               
                 I.
                 B.
              
               And
               at
               such
               time
               and
               when
               it
               should
               fortune
               the
               said
               twenty
               four
               persons
               to
               decease
               or
               void
               the
               said
               Parishes
               to
               the
               number
               of
               eight
               persons
               so
               that
               there
               were
               not
               liveing
               and
               inhabiting
               within
               the
               said
               two
               Parishes
               of
               the
               said
               Feoffees
               over
               and
               above
               eight
               persons
               ,
               That
               then
               the
               said
               eight
               persons
               so
               surviving
               and
               inhabiting
               ,
               should
               make
               an
               Estate
               and
               Feofment
               of
               the
               said
               Tenement
               ,
               Lands
               ,
               and
               other
               the
               premises
               with
               the
               appurtenances
               ,
               unto
               twenty
               four
               honest
               persons
               ,
               dwelling
               and
               inhabiting
               within
               the
               said
               Parishes
               ,
               To
               have
               and
               to
               hold
               the
               said
               Tenement
               ,
               Lands
               ,
               and
               other
               the
               Premises
               ,
               with
               the
               appurtenances
               ,
               unto
               the
               said
               twenty
               four
               ,
               and
               to
               their
               heires
               ,
               to
               the
               use
               and
               performance
               of
               the
               said
               Testament
               and
               last
               Will
               of
               the
               aforesaid
               
                 I.
                 B.
              
               And
               as
               often
               as
               it
               shall
               happen
               the
               said
               Feoffees
               ,
               to
               come
               to
               the
               number
               of
               eight
               ,
               in
               form
               
               aforesaid
               ,
               The
               same
               eight
               persons
               so
               often
               to
               make
               an
               Estate
               and
               Refeoffment
               of
               the
               said
               Tenement
               ,
               Lands
               ,
               and
               other
               the
               Premises
               with
               the
               Appurtenances
               ,
               to
               twenty
               four
               honest
               persons
               of
               the
               said
               Parishes
               ,
               and
               so
               from
               time
               to
               time
               ,
               as
               often
               as
               any
               such
               case
               shall
               happen
               or
               fall
               for
               evermore
               ,
               as
               by
               a
               certain
               Indenture
               bearing
               date
               the
               29.
               day
               of
               
                 D.
              
               in
               the
               year
               of
               our
               Lord
               God
               1518.
               and
               in
               the
               said
               tenth
               year
               of
               the
               Reign
               of
               King
               
                 H.
              
               the
               eighth
               ,
               now
               shewed
               forth
               in
               evidence
               to
               the
               said
               Jurors
               ,
               by
               the
               present
               Feoffees
               of
               the
               said
               Tenement
               and
               Premises
               more
               at
               large
               it
               doth
               and
               may
               appear
               .
               And
               the
               said
               Jurors
               do
               further
               say
               upon
               their
               oathes
               ,
               that
               the
               said
               
                 I.
                 C.
                 R.
                 A.
              
               and
               others
               the
               Trustees
               aforesaid
               ,
               being
               so
               seised
               of
               the
               said
               Tenement
               ,
               Land
               ,
               and
               Premises
               ,
               in
               Trust
               as
               aforesaid
               ,
               They
               the
               said
               
                 I.
                 C.
                 R.
                 A.
              
               and
               others
               the
               Trustees
               aforesaid
               ,
               did
               by
               a
               certain
               Deed
               or
               Writing
               ,
               bearing
               date
               on
               or
               about
               the
               said
               twentieth
               day
               of
               
                 D.
              
               in
               the
               said
               tenth
               year
               of
               the
               Reign
               of
               the
               said
               
                 King
                 H.
              
               the
               eighth
               ,
               convey
               the
               said
               Tenement
               ,
               Lands
               ,
               and
               Premises
               ,
               with
               the
               Appurtenances
               ,
               unto
               
                 I.
                 A
              
               of
               
                 E.
              
               aforesaid
               Mercer
               ,
               and
               
                 I.
                 W.
              
               of
               the
               same
               Yeoman
               ,
               their
               Heires
               and
               Assignes
               ,
               to
               fulfil
               the
               Will
               of
               the
               said
               
                 I.
                 B.
              
               And
               that
               they
               the
               said
               
                 I.
                 A
              
               and
               
                 I.
                 W.
              
               being
               of
               said
               Tenement
               ,
               Lands
               ,
               and
               Premises
               ,
               with
               the
               Appurtenances
               
               seised
               .
               They
               the
               said
               
                 I.
                 A.
              
               and
               
                 I.
                 W.
              
               did
               by
               their
               Deed
               of
               Feoffment
               executed
               by
               Livery
               and
               Seisin
               ,
               bearing
               date
               the
               said
               29.
               day
               of
               
                 D.
              
               in
               the
               said
               tenth
               year
               of
               the
               Reign
               of
               the
               said
               
                 King
                 H.
              
               the
               eighth
               ,
               convey
               the
               said
               Tenement
               ,
               Lands
               and
               Premises
               ,
               with
               the
               Appurtenances
               unto
               
                 R.
                 A.
              
               of
               
                 T.
                 G.
              
               aforesaid
               
                 R.
                 A.
              
               and
               
                 W.
                 A.
              
               sons
               of
               the
               said
               
                 R.
                 W.
                 A.
              
               the
               elder
               ;
               
                 F.
                 A.
              
               son
               of
               the
               said
               
                 W.
                 A.
              
               the
               elder
               
                 T.
                 T.
              
               alias
               
                 T.
                 R.
                 I.
                 T.
              
               son
               of
               the
               said
               
                 T.
                 T.
                 H.
                 A.
              
               son
               of
               the
               said
               
                 I.
                 A.
                 H.
                 B.
                 R.
                 B.
              
               son
               of
               the
               said
               
                 H.
                 B.
                 W.
                 N.
              
               the
               younger
               ,
               
                 I.
                 P.
                 W.
                 P.
              
               sons
               of
               
                 R.
                 P.
                 R.
                 P.
              
               the
               younger
               
                 T.
                 M.
              
               the
               elder
               of
               
                 T.
                 G.
              
               aforesaid
               ,
               
                 T.
                 T.
              
               son
               of
               
                 H.
                 T.
                 W.
                 C.
                 W.
                 S.
                 W.
                 A.
              
               son
               of
               
                 I.
                 A.
                 W.
                 S.
                 I.
                 S.
              
               son
               of
               the
               said
               
                 W.
                 S.
                 T.
                 S.
                 I.
                 S.
              
               son
               of
               the
               said
               
                 T.
                 S.
                 I.
                 W.
              
               son
               of
               
                 R.
                 W.
                 I.
                 B.
              
               the
               elder
               ,
               
                 H.
                 H.
              
               the
               younger
               ,
               and
               
                 S.
              
               son
               of
               
                 W.
                 S.
                 W.
                 B.
              
               son
               of
               
                 B.
                 B.
              
               and
               
                 I.
                 P.
              
               of
               
                 E.
              
               aforesaid
               ,
               as
               by
               the
               said
               last
               recited
               Deed
               of
               Feoffment
               ,
               now
               also
               shewed
               forth
               in
               evidence
               to
               the
               said
               Jurors
               ,
               by
               the
               said
               now
               present
               Feoffees
               of
               the
               said
               premises
               may
               appear
               ;
               And
               the
               said
               Jurors
               do
               further
               say
               upon
               their
               oathes
               ,
               That
               about
               
                 N.
              
               in
               the
               sixth
               year
               of
               the
               Reign
               of
               the
               late
               Queen
               
                 Eliz.
                 H.
                 A.
              
               and
               
                 R.
                 A.
              
               sons
               of
               
                 W
                 ,
                 A.
              
               deceased
               ;
               
                 I.
                 R.
              
               and
               
                 I.
                 R.
              
               son
               of
               the
               said
               
                 I.
                 F.
                 A.
              
               and
               
                 R.
                 A.
              
               son
               of
               the
               said
               
                 F.
                 S.
                 A.
              
               son
               of
               
                 H.
                 A.
              
               deceased
               
                 I.
                 W.
              
               son
               of
               
                 I.
                 W.
              
               
               deceased
               ,
               
                 I.
                 A.
              
               son
               of
               
                 I.
                 A.
              
               of
               
                 B.
              
               deceased
               ,
               
                 W.
                 C.
              
               son
               of
               
                 W.
                 C.
              
               of
               
                 T.
                 G.
              
               aforesaid
               
                 W.
                 A.
              
               and
               
                 I.
                 A.
              
               and
               
                 I.
                 A.
              
               son
               of
               the
               said
               
                 W.
                 S.
                 A.
              
               and
               
                 T.
                 A.
              
               sons
               of
               the
               said
               
                 H.
                 A.
              
               deceased
               ,
               
                 I.
                 S.
              
               and
               
                 A.
                 S.
              
               son
               of
               the
               said
               
                 I.
                 S.
              
               son
               of
               
                 T.
                 S.
              
               deceased
               ,
               and
               
                 S.
              
               son
               of
               
                 T.
                 S.
                 I.
                 S.
              
               son
               of
               
                 E.
                 S.
              
               deceased
               ,
               and
               
                 I.
                 B.
              
               the
               Elder
               of
               
                 E.
              
               aforesaid
               ,
               being
               then
               Feoffees
               of
               the
               said
               Tenement
               ,
               Lands
               ,
               and
               Premises
               ,
               with
               the
               Appurtenances
               ,
               they
               the
               said
               last
               mentioned
               Feoffees
               ,
               did
               then
               exchange
               with
               one
               
                 F.
                 L.
              
               a
               certain
               parcel
               of
               meadow
               called
               
                 C.
              
               parcel
               of
               the
               said
               Lands
               ,
               before
               mentioned
               ,
               containing
               by
               estimation
               two
               Acres
               and
               a
               half
               ,
               or
               thereabouts
               ,
               for
               two
               Acres
               and
               a
               half
               of
               Land
               called
               
                 A.
              
               lying
               amongst
               other
               Lands
               ,
               that
               were
               the
               said
               
                 B.
              
               the
               which
               two
               Acres
               and
               a
               half
               of
               Lands
               so
               taken
               and
               exchanged
               by
               the
               said
               Feoffees
               from
               the
               said
               
                 F.
                 L.
              
               the
               said
               Feoffees
               and
               their
               Assignes
               have
               quietly
               enjoyed
               ever
               since
               ,
               but
               whether
               the
               said
               Lands
               taken
               in
               exchange
               be
               of
               equal
               yearly
               value
               with
               the
               meadow
               given
               in
               exchange
               ,
               by
               the
               said
               Feoffees
               ,
               to
               the
               said
               
                 F.
                 L.
              
               the
               said
               Jurors
               know
               not
               :
               And
               the
               said
               Jurors
               do
               further
               say
               upon
               their
               oathes
               ,
               That
               the
               said
               Tenement
               ,
               Lands
               ,
               and
               Premises
               ,
               with
               the
               Appurtenances
               that
               were
               the
               said
               
                 I.
                 B.
              
               have
               been
               ever
               since
               the
               said
               
                 B.
              
               death
               continued
               in
               Feoffment
               to
               divers
               and
               sundry
               persons
               
               by
               several
               Conveyances
               to
               the
               use
               &
               performance
               of
               the
               will
               of
               the
               said
               
                 I.
                 B.
              
               as
               appears
               by
               diverse
               Deeds
               unto
               the
               Jurors
               aforesaid
               ,
               in
               evidence
               therein
               at
               the
               time
               of
               the
               taking
               of
               this
               Inquisition
               ,
               and
               that
               upon
               view
               of
               the
               said
               evidences
               it
               appeared
               that
               divers
               Feoffments
               have
               been
               made
               of
               the
               said
               Premises
               by
               surviving
               Feoffees
               ,
               to
               their
               children
               and
               others
               of
               their
               alliance
               ,
               by
               which
               means
               the
               interest
               of
               the
               said
               Premises
               hath
               been
               continued
               in
               the
               name
               and
               blood
               of
               several
               families
               ,
               that
               have
               lived
               in
               the
               said
               Parishes
               ,
               and
               that
               thereby
               diverse
               Knights
               ,
               Esquires
               ,
               and
               Gentlemen
               of
               worth
               and
               qualitie
               have
               been
               left
               out
               ,
               that
               have
               been
               then
               Inhabitants
               of
               the
               said
               Parishes
               .
               And
               the
               Jury
               aforesaid
               do
               further
               say
               upon
               their
               oathes
               ,
               that
               the
               said
               Tenement
               ,
               Lands
               ,
               and
               Premises
               ,
               with
               the
               Appurtenances
               ,
               are
               now
               by
               mean
               Conveyance
               and
               Assurance
               ,
               come
               unto
               
                 I.
                 S.
              
               of
               
                 E.
              
               aforesaid
               
                 Gent.
                 W.
                 C.
              
               of
               
                 T.
                 G.
              
               aforesaid
               ,
               
                 Gent.
                 A.
                 S.
              
               of
               
                 E.
              
               aforesaid
               
                 Gent.
              
               and
               to
               divers
               other
               ,
               being
               in
               all
               about
               eighteen
               in
               number
               ,
               and
               that
               the
               said
               
                 I.
                 S.
              
               and
               
                 A.
                 S.
              
               and
               their
               Ancestors
               have
               been
               Feoffees
               of
               the
               said
               Premises
               ,
               ever
               since
               the
               year
               of
               our
               Lord
               God
               1611
               ,
               and
               that
               they
               and
               the
               other
               Feoffees
               now
               living
               ,
               claim
               no
               interest
               in
               the
               said
               Premises
               ,
               but
               as
               Feoffees
               in
               Trust
               for
               performance
               of
               the
               
               Will
               of
               the
               said
               
                 I.
                 B.
              
               and
               the
               said
               
                 I.
                 S.
                 W.
                 C.
                 A.
                 S.
              
               and
               divers
               other
               of
               the
               now
               
                 Feoffees
                 ,
              
               appearing
               before
               the
               said
               Commissioners
               ,
               and
               the
               said
               
                 Jurors
              
               at
               the
               time
               and
               place
               first
               above
               mentioned
               ,
               and
               did
               then
               and
               there
               produce
               two
               Books
               that
               have
               been
               kept
               by
               them
               and
               others
               ,
               under
               whom
               they
               claim
               ,
               wherein
               are
               set
               down
               the
               Accompts
               of
               the
               yearly
               Revenues
               and
               Profits
               that
               have
               been
               made
               of
               the
               said
               Premises
               ,
               from
               the
               year
               of
               our
               Lord
               God
               1587
               and
               divers
               years
               before
               until
               this
               present
               ,
               And
               upon
               our
               view
               of
               the
               said
               books
               it
               appeareth
               that
               the
               Trust
               of
               the
               said
               Will
               hath
               been
               managed
               by
               some
               few
               of
               the
               twenty
               four
               
                 Feoffees
                 ,
              
               the
               residue
               giving
               an
               implicite
               consent
               to
               what
               such
               few
               should
               do
               ,
               both
               concerning
               the
               bestowing
               of
               the
               yearly
               Revenue
               of
               the
               said
               premises
               ,
               and
               of
               the
               said
               Woodsales
               ,
               as
               also
               in
               Election
               of
               Rent
               gatherers
               ,
               and
               in
               making
               up
               an
               allowance
               of
               the
               yearly
               Accompts
               .
               And
               it
               did
               also
               further
               appear
               by
               view
               of
               the
               said
               books
               ,
               that
               the
               yearly
               Accompts
               therein
               set
               down
               are
               imperfect
               ,
               and
               that
               there
               are
               many
               alterations
               in
               the
               figures
               of
               the
               sums
               of
               money
               expended
               by
               the
               said
               Rent
               gatherers
               ,
               And
               that
               the
               Accompts
               therein
               specified
               are
               for
               the
               most
               part
               made
               by
               disbursments
               of
               Sums
               of
               money
               in
               the
               general
               
               wiith
               reference
               unto
               particular
               bills
               not
               set
               down
               in
               the
               said
               Books
               ,
               and
               that
               at
               one
               time
               ,
               or
               in
               two
               or
               three
               years
               together
               ,
               no
               Accompts
               were
               made
               by
               the
               Rent-gatherers
               :
               And
               that
               the
               said
               
                 Feoffees
              
               have
               failed
               to
               elect
               yearly
               new
               Rent-gatherers
               ,
               And
               that
               they
               have
               allowed
               unto
               the
               Tenant
               of
               the
               said
               House
               and
               Lands
               ,
               out
               of
               his
               Rent
               ,
               sometimes
               40.
               
                 
                   s
                
              
               for
               a
               dinner
               ,
               at
               their
               meeting
               ,
               And
               that
               the
               said
               
                 Feoffees
              
               and
               Rent-gatherers
               have
               from
               time
               to
               time
               kept
               monies
               in
               their
               hands
               ,
               which
               they
               have
               received
               for
               Rent
               of
               the
               said
               House
               and
               Lands
               ,
               which
               they
               call
               in
               their
               books
               of
               Accompts
               ,
               house
               money
               ,
               And
               divers
               sums
               of
               money
               which
               they
               have
               received
               by
               sale
               of
               the
               wood
               in
               
                 R.
                 W.
              
               which
               they
               call
               Church
               money
               ,
               And
               that
               sometimes
               they
               have
               expended
               the
               house
               mony
               upon
               the
               Church
               ,
               And
               sometimes
               the
               Church
               money
               upon
               the
               Highwaies
               ,
               and
               have
               entered
               their
               Accompts
               as
               money
               borrowed
               of
               the
               Church
               ,
               for
               the
               house
               ,
               and
               of
               the
               house
               for
               the
               Church
               ,
               And
               they
               have
               brought
               into
               Accompt
               divers
               sums
               of
               money
               ,
               to
               have
               been
               expended
               by
               them
               yearly
               upon
               the
               said
               Churches
               of
               
                 E.
              
               and
               
                 T.
                 G.
              
               And
               the
               
                 Ms.
              
               and
               
                 Cs.
              
               having
               Certificates
               in
               writing
               ,
               what
               moneys
               have
               been
               expended
               yearly
               by
               the
               said
               Rent-gatherers
               
               in
               repair
               of
               the
               said
               Churches
               ,
               from
               the
               year
               1611
               until
               this
               present
               time
               ,
               and
               upon
               comparing
               the
               said
               Certificates
               ,
               with
               the
               said
               books
               of
               Accompt
               ,
               It
               doth
               appear
               ,
               That
               in
               some
               years
               ,
               wherein
               the
               said
               Rent-gatherers
               have
               set
               down
               in
               their
               Accompts
               to
               have
               expended
               moneys
               in
               the
               repair
               of
               the
               said
               Churches
               ,
               that
               nothing
               was
               then
               set
               down
               in
               the
               said
               Church
               Books
               to
               have
               been
               expended
               by
               the
               said
               Rent-gatherers
               ;
               in
               some
               yeares
               the
               summes
               of
               Expenses
               do
               agree
               with
               the
               Church-book
               ,
               in
               some
               years
               more
               is
               set
               down
               in
               the
               Rent-gatherers
               book
               to
               have
               been
               expended
               upon
               the
               said
               Churches
               ,
               then
               is
               in
               the
               said
               Church-book
               .
               And
               the
               said
               Jurors
               do
               further
               say
               upon
               their
               oathes
               ,
               That
               fithence
               the
               said
               year
               1611
               ,
               until
               this
               present
               ,
               divers
               
                 Feoffees
                 ,
              
               some
               whereof
               are
               yet
               living
               ,
               have
               been
               at
               several
               times
               Rent-gatherers
               and
               
                 Feoffees
                 ,
              
               And
               that
               for
               the
               most
               part
               of
               that
               time
               ,
               the
               yearly
               Revenue
               ,
               and
               Rent
               ,
               of
               the
               said
               House
               and
               Lands
               ,
               have
               been
               about
               20
               
                 
                   l
                
              
               which
               according
               to
               their
               Accompts
               ,
               hath
               been
               expended
               yearly
               in
               repair
               of
               the
               Highwaies
               between
               
                 M.
              
               and
               some
               three
               or
               four
               miles
               of
               
                 E.
              
               and
               for
               their
               dinner
               at
               their
               meetings
               ,
               and
               by
               giving
               of
               40
               
                 
                   s
                
              
               or
               more
               in
               some
               yeares
               to
               several
               poor
               persons
               Inhabiting
               in
               the
               said
               
               Parishes
               ,
               And
               that
               in
               that
               time
               Woodsales
               have
               been
               made
               of
               the
               Woods
               growing
               in
               
                 R.
              
               Grove
               ,
               And
               that
               the
               moneys
               thereupon
               arising
               ,
               have
               been
               kept
               in
               their
               hands
               these
               three
               years
               ,
               and
               they
               have
               new
               built
               the
               said
               house
               called
               
                 S.
              
               and
               improved
               the
               said
               Tenement
               and
               Lands
               to
               be
               worth
               26
               
                 
                   l
                
              
               13
               
                 
                   s
                
              
               4
               
                 
                   d
                
                 per
                 annum
                 ,
              
               to
               be
               letten
               :
               And
               further
               the
               said
               Jurors
               do
               say
               upon
               their
               oathes
               ,
               that
               the
               yearly
               expenses
               of
               the
               said
               
                 Feoffees
                 ,
              
               have
               been
               by
               Auditors
               (
               appointed
               by
               the
               said
               Commissioners
               in
               the
               presence
               of
               some
               of
               the
               said
               
                 Feoffees
              
               )
               cast
               ,
               and
               upon
               ,
               and
               by
               the
               said
               Auditors
               Certificate
               it
               appears
               ,
               that
               over
               and
               above
               all
               charges
               and
               expenses
               by
               the
               said
               
                 Feoffees
                 ,
              
               until
               this
               present
               time
               ,
               in
               building
               the
               said
               house
               ,
               repair
               of
               the
               Highwaies
               ,
               Gifts
               of
               money
               to
               poor
               people
               ,
               moneys
               expended
               in
               Dinners
               ,
               and
               repair
               of
               the
               said
               Churches
               ,
               there
               doth
               at
               this
               time
               remain
               in
               the
               hands
               of
               
                 I.
                 S.
              
               &c.
               the
               now
               
                 Feoffees
              
               of
               the
               said
               Tenement
               ,
               Lands
               ,
               and
               Premises
               ,
               or
               in
               the
               hands
               of
               some
               of
               them
               ,
               the
               summe
               of
               54
               
                 
                   l
                
              
               14
               
                 
                   s
                
              
               5
               
                 
                   d
                
              
               or
               thereabouts
               ,
               to
               the
               Church
               of
               
                 E.
              
               and
               56
               
                 
                   l
                
              
               5
               
                 
                   s
                
              
               1
               
                 
                   d
                
              
               or
               thereabouts
               ,
               unto
               the
               Church
               of
               
                 T.
                 G.
              
               The
               which
               several
               summes
               ,
               divers
               of
               the
               Parishioners
               of
               the
               said
               several
               Parishes
               of
               
                 T.
                 G.
              
               
               and
               
                 E.
              
               of
               good
               abilitie
               ,
               have
               desired
               the
               said
               
                 Feoffees
                 ,
              
               to
               deliver
               unto
               them
               for
               a
               Church
               Stock
               for
               their
               several
               Parishes
               ,
               to
               be
               by
               them
               bestowed
               to
               the
               use
               of
               the
               said
               several
               Churches
               ,
               according
               to
               the
               said
               Will
               of
               the
               
                 I.
                 B.
              
               But
               they
               the
               said
               now
               
                 Feoffees
                 ,
              
               or
               some
               of
               them
               ,
               have
               and
               do
               refuse
               to
               deliver
               the
               same
               unto
               them
               .
               And
               the
               said
               Jurors
               do
               further
               say
               upon
               their
               oathes
               ,
               That
               sometimes
               the
               surviving
               
                 Feoffees
              
               have
               suffered
               the
               interest
               of
               the
               said
               Premises
               to
               continue
               in
               them
               untill
               under
               the
               number
               of
               eight
               
                 Feoffees
              
               were
               surviving
               ,
               and
               Inhabitants
               of
               the
               said
               Parishes
               .
               And
               that
               the
               said
               last
               
                 Feoffment
                 ,
              
               made
               of
               the
               said
               Premises
               ,
               by
               the
               then
               surviving
               
                 Feoffees
                 ,
              
               divers
               of
               the
               said
               last
               
                 Feoffees
              
               are
               since
               dead
               ,
               so
               that
               at
               this
               Present
               there
               are
               but
               to
               the
               number
               of
               nineteen
               
                 Feoffees
                 ,
              
               living
               and
               inhabiting
               within
               the
               said
               Parishes
               of
               
                 E.
              
               and
               
                 T.
                 G.
                 In
                 witnesse
                 &c.
                 
              
            
          
        
         
         
           
             Decrees
             .
          
           
             
               
               AT
               
                 L.
                 S.
              
               in
               the
               County
               of
               
                 E.
              
               aforesaid
               the
               last
               day
               of
               
                 M.
              
               in
               the
               yeare
               of
               our
               Lord
               Christ
               1659.
               
               Whereas
               by
               an
               Inquisition
               taken
               at
               
                 L.
                 S.
              
               aforesaid
               the
               24th
               .
               day
               of
               this
               instant
               
                 M.
              
               before
               
                 W.
                 C.
              
               Serjeant
               at
               Law
               ,
               
                 R.
                 S.
              
               Esquire
               ,
               
                 &c.
                 
              
               By
               vertue
               of
               a
               Commission
               under
               the
               great
               Seale
               of
               
                 England
              
               to
               them
               and
               others
               directed
               ,
               for
               the
               due
               execution
               of
               a
               Statute
               made
               in
               the
               High
               Court
               of
               Parliament
               ,
               holden
               the
               27.
               day
               of
               
                 O.
              
               in
               the
               43.
               yeare
               of
               the
               Reign
               of
               the
               late
               Queen
               
                 E.
              
               Intituled
               an
               Act
               to
               redress
               the
               mis-imployments
               of
               lands
               ,
               goods
               ,
               and
               stocks
               of
               money
               heretofore
               given
               to
               charitable
               uses
               ,
               by
               the
               oaths
               of
               
                 J.
                 A.
              
               Gent.
               
                 R.
                 B.
              
               Esquire
               ,
               
                 &c.
              
               honest
               and
               lawfull
               men
               of
               the
               County
               aforesaid
               :
               It
               is
               found
               ,
               and
               doth
               appeare
               ,
               that
               
                 M.
                 W.
              
               Widow
               deceased
               ,
               long
               before
               her
               death
               ,
               did
               hold
               to
               her
               and
               her
               heirs
               of
               the
               then
               Lady
               of
               the
               Mannor
               of
               
                 W.
              
               in
               the
               said
               County
               of
               
                 E.
              
               by
               copy
               of
               Court
               Roll
               ,
               according
               to
               the
               custome
               of
               the
               said
               Mannor
               ,
               all
               that
               Tenement
               ,
               
                 &c.
              
               as
               by
               the
               said
               Inquisition
               hereunto
               annexed
               
               may
               appear
               .
               Now
               we
               the
               said
               
                 W.
                 C.
                 R.
                 S.
                 &c.
                 
              
               Having
               first
               called
               the
               said
               
                 R.
                 B.
              
               being
               the
               party
               interessed
               in
               the
               Tenement
               and
               premisses
               in
               the
               said
               Inquisition
               mentioned
               (
               who
               appeared
               before
               us
               by
               her
               Councell
               before
               the
               taking
               of
               the
               said
               Inquisition
               ,
               and
               was
               fully
               heard
               touching
               the
               premisses
               )
               and
               having
               examined
               and
               considered
               the
               matters
               and
               things
               in
               and
               by
               the
               said
               Inquisition
               found
               ,
               and
               thereby
               appearing
               ,
               do
               (
               by
               vertue
               of
               the
               said
               Statute
               and
               Commission
               ,
               and
               the
               power
               and
               authority
               to
               us
               thereby
               given
               )
               order
               ,
               adjudge
               ,
               and
               decree
               ,
               that
               the
               said
               
                 R.
                 B.
              
               her
               Executors
               and
               Administrators
               shall
               within
               one
               moneth
               next
               after
               notice
               of
               this
               Decree
               ,
               Order
               ,
               and
               Judgement
               ,
               pay
               unto
               the
               Church-wardens
               of
               the
               said
               Parish
               of
               
                 W.
              
               for
               the
               time
               being
               ,
               the
               sum
               of
               20
               
                 
                   l
                
              
               of
               lawful
               money
               of
               
                 England
                 ,
              
               for
               the
               arrearages
               of
               the
               said
               yearly
               payment
               of
               30
               
                 
                   l
                
              
               
                 per
                 annum
              
               so
               by
               her
               with-held
               and
               detained
               from
               the
               charitable
               use
               aforesaid
               ,
               to
               and
               for
               the
               reliefe
               of
               the
               poore
               people
               of
               
                 VV.
              
               aforesaid
               :
               And
               also
               the
               sum
               of
               ten
               pounds
               more
               for
               damages
               for
               the
               detaining
               of
               the
               said
               money
               ,
               and
               for
               the
               costs
               and
               charges
               of
               the
               Parishioners
               of
               
                 VV.
              
               aforesaid
               by
               them
               expended
               ,
               and
               by
               the
               suing
               forth
               of
               the
               Commission
               aforesaid
               ,
               and
               in
               the
               prosecution
               thereof
               :
               And
               in
               and
               about
               
               the
               obtaining
               of
               the
               said
               Inquisition
               and
               this
               Decree
               .
               And
               we
               the
               said
               
                 VV.
                 C.
                 R.
                 S.
                 &c.
              
               do
               further
               order
               ,
               adjudge
               and
               decree
               ,
               that
               the
               said
               
                 R.
                 B.
              
               her
               Heirs
               and
               Assignes
               ,
               owners
               and
               proprietors
               of
               the
               Tenement
               and
               Premisses
               aforesaid
               ,
               and
               all
               and
               every
               other
               person
               and
               persons
               whatsoever
               ,
               claiming
               ,
               by
               ,
               from
               ,
               or
               under
               the
               said
               
                 M.
                 VV.
              
               and
               
                 D.
                 B.
              
               deceased
               ,
               or
               either
               of
               them
               ,
               shall
               (
               from
               henceforth
               for
               ever
               hereafter
               out
               of
               the
               rents
               issues
               and
               profits
               of
               the
               said
               Tenements
               and
               Premisses
               yearly
               ,
               and
               every
               yeare
               )
               pay
               unto
               the
               Church-wardens
               of
               the
               parish
               of
               
                 VV.
              
               aforesaid
               for
               the
               time
               ,
               and
               from
               time
               to
               time
               being
               ,
               the
               sum
               of
               thirty
               pounds
               of
               lawful
               money
               of
               
                 England
                 ,
              
               upon
               the
               Feast
               of
               the
               
                 Epiphany
                 ,
              
               in
               every
               year
               ,
               yearly
               for
               ever
               ,
               to
               and
               for
               the
               relief
               of
               the
               poor
               of
               
                 VV.
              
               aforesaid
               ,
               according
               to
               the
               true
               direction
               ,
               appointment
               ,
               intent
               ,
               and
               meaning
               of
               the
               said
               
                 M.
                 G.
              
               the
               Donor
               thereof
               .
               
                 In
                 witnesse
                 whereof
                 ,
              
               &c.
               
            
          
           
             
               
               AT
               
                 E.
              
               in
               the
               said
               County
               upon
               the
               twentieth
               day
               of
               
                 November
                 ,
              
               in
               the
               fourteenth
               yeare
               of
               the
               Reign
               of
               our
               Soveraign
               Lord
               
                 Charles
                 ,
              
               by
               the
               grace
               of
               God
               ,
               
                 King
              
               of
               
                 England
                 ,
                 Scotland
                 ,
                 France
                 ,
              
               and
               
               
                 Ireland
                 ,
              
               Defender
               of
               the
               Faith
               ,
               
                 &c.
                 
              
               Whereas
               by
               an
               Inquisition
               indented
               ,
               taken
               at
               
                 E.
              
               aforesaid
               the
               one
               and
               twentieth
               day
               of
               
                 September
              
               last
               past
               ,
               before
               
                 Thomas
                 Winniff
                 ,
              
               Dean
               of
               St.
               
                 Pauls
              
               Church
               ,
               
                 London
                 ,
              
               &c.
               
               By
               vertue
               of
               his
               Majesties
               Commission
               under
               the
               great
               Seal
               of
               
                 England
                 ,
              
               bearing
               date
               the
               sixth
               day
               of
               
                 March
                 ,
              
               in
               the
               thirteenth
               year
               of
               his
               said
               Highnesse
               Reign
               ,
               directed
               to
               the
               right
               Reverend
               Father
               in
               God
               ,
               the
               Lord
               Bishop
               of
               
                 London
                 ,
              
               &c.
               
               Authorizing
               them
               ,
               or
               any
               four
               or
               more
               of
               them
               ,
               for
               enquiring
               and
               reformation
               of
               Deceits
               and
               Breaches
               of
               trust
               ,
               concerning
               Lands
               ,
               Tenements
               ,
               and
               other
               things
               given
               ,
               limited
               and
               appointed
               to
               any
               the
               charitable
               Uses
               named
               in
               the
               said
               Commission
               within
               the
               said
               County
               ,
               according
               to
               a
               Statute
               of
               the
               three
               and
               fortieth
               year
               of
               the
               Reign
               of
               the
               late
               Queen
               
                 Eliz.
              
               in
               such
               cases
               made
               and
               provided
               by
               the
               oaths
               ,
               
                 &c.
                 
              
               It
               was
               found
               that
               
                 H.
                 L.
              
               late
               of
               
                 W.
              
               in
               the
               said
               County
               of
               
                 Essex
                 ,
              
               deceased
               ,
               did
               in
               his
               life
               time
               ,
               amongst
               other
               things
               ,
               purchase
               of
               one
               
                 N.
                 S.
              
               a
               certain
               customary
               Messuage
               or
               Tenement
               ,
               with
               the
               Appurtenances
               ,
               in
               
                 W.
              
               aforesaid
               late
               in
               the
               Tenure
               or
               Occupation
               of
               one
               
                 J.
                 E.
              
               Gent.
               and
               holden
               of
               the
               Lord
               of
               the
               said
               Mannor
               by
               Copy
               of
               Court
               Roll
               ,
               according
               to
               the
               custom
               of
               the
               said
               Mannor
               .
               And
               he
               the
               said
               
                 H.
                 L.
              
               took
               surrender
               thereof
               
               in
               the
               names
               of
               his
               Sons
               ,
               
                 H.
                 L.
              
               and
               
                 J.
                 L.
              
               being
               then
               Infants
               of
               tender
               years
               ,
               And
               afterwards
               ,
               during
               his
               life
               ,
               did
               take
               and
               receive
               the
               rents
               ,
               issues
               and
               profits
               of
               the
               said
               Messuage
               or
               Tenement
               ,
               with
               the
               Appurtenances
               ,
               to
               his
               own
               proper
               use
               and
               behoof
               :
               And
               that
               the
               said
               
                 H.
                 L.
              
               having
               purchased
               the
               said
               Messuage
               or
               Tenement
               ,
               with
               the
               Appurtenances
               ,
               amongst
               other
               things
               as
               aforesaid
               ,
               he
               the
               said
               
                 H.
                 L.
              
               did
               make
               his
               last
               Will
               and
               Testament
               in
               Writing
               ,
               bearing
               date
               the
               28
               day
               of
               
                 November
                 ,
              
               1619.
               
               And
               by
               the
               same
               his
               last
               Will
               and
               Testament
               did
               limit
               and
               appoint
               ,
               one
               yearly
               Rent
               of
               forty
               shillings
               to
               be
               issuing
               and
               payable
               yearly
               for
               ever
               out
               of
               the
               Messuage
               or
               Tenement
               in
               
                 W.
              
               aforesaid
               ,
               then
               in
               the
               Tenure
               of
               the
               said
               
                 M.
                 S.
              
               or
               his
               Assignes
               ,
               to
               be
               distributed
               amongst
               the
               poor
               people
               of
               the
               Parish
               of
               
                 W.
              
               aforesaid
               ,
               from
               time
               to
               time
               aforesaid
               for
               ever
               ,
               in
               manner
               and
               form
               following
               ,
               
                 viz.
                 Item
              
               I
               give
               and
               bequeath
               unto
               
                 W.
                 M.
              
               Knight
               ,
               
                 J.
                 W.
              
               Clerk
               ,
               the
               now
               Parson
               of
               
                 W.
                 H.
                 H.
              
               Merchant
               ,
               
                 J.
                 W.
              
               Gent.
               and
               
                 E.
                 P.
              
               Merchant
               ,
               and
               their
               Heirs
               for
               ever
               ,
               for
               the
               relief
               of
               the
               poor
               of
               the
               said
               Parish
               ,
               one
               yearly
               Rent
               of
               forty
               shillings
               ,
               to
               be
               issuing
               and
               payable
               yearly
               for
               ever
               ,
               out
               of
               my
               Messuage
               or
               Tenement
               in
               
                 W.
              
               with
               the
               Appurtenances
               ,
               now
               in
               the
               Tenure
               of
               
                 M.
                 S.
              
               or
               
               his
               Assignes
               ,
               to
               be
               paid
               at
               the
               Feast
               of
               the
               Birth
               of
               our
               Lord
               God
               in
               every
               year
               ,
               and
               to
               be
               distributed
               to
               and
               amongst
               the
               poor
               people
               of
               the
               Parish
               of
               
                 W.
              
               from
               time
               to
               time
               for
               ever
               ,
               by
               discretion
               of
               the
               chief
               Inhabitants
               ,
               and
               the
               Parson
               ,
               and
               the
               Churchwardens
               of
               the
               said
               Parish
               for
               the
               time
               being
               for
               ever
               .
               And
               if
               it
               shall
               happen
               the
               said
               Rent
               ,
               or
               any
               part
               thereof
               to
               he
               behind
               or
               unpaid
               at
               the
               said
               Feast
               ,
               that
               then
               it
               shall
               be
               lawfull
               for
               the
               said
               
                 W.
                 M.
                 J.
                 W.
                 H.
                 H.
                 J.
                 W.
              
               and
               
                 E.
                 P.
              
               their
               Heirs
               or
               Assignes
               ,
               to
               enter
               into
               the
               said
               Messuage
               ,
               destrain
               for
               the
               same
               ,
               and
               for
               the
               arrearages
               thereof
               ,
               if
               any
               shall
               be
               behind
               and
               unpaid
               .
               And
               whereas
               it
               was
               further
               found
               by
               the
               said
               Inquisition
               ,
               that
               the
               said
               
                 H.
                 L.
              
               in
               or
               about
               the
               Month
               of
               
                 January
                 ,
              
               in
               the
               said
               year
               of
               our
               Lord
               God
               ,
               1619.
               died
               :
               And
               that
               the
               said
               
                 H.
                 L.
              
               his
               Son
               died
               also
               in
               the
               life
               time
               of
               him
               the
               said
               
                 H.
              
               And
               that
               the
               said
               
                 J.
                 L.
              
               now
               Sir
               
                 J.
                 L.
              
               Knight
               ,
               them
               survived
               ,
               and
               being
               seised
               of
               the
               said
               Messuage
               or
               Tenement
               ,
               with
               the
               Appurtenances
               ,
               amongst
               other
               things
               ,
               the
               said
               Sir
               
                 W.
                 M.
              
               Knight
               ,
               in
               the
               said
               Will
               named
               ,
               being
               one
               of
               the
               Devisees
               of
               the
               said
               Rent
               ,
               and
               trusted
               by
               the
               said
               Will
               ,
               to
               see
               the
               said
               charitable
               Use
               performed
               ,
               and
               having
               notice
               of
               the
               said
               charitable
               Use
               ,
               did
               ,
               in
               or
               about
               the
               Month
               of
               
                 November
                 ,
              
               in
               the
               year
               of
               
               our
               Lord
               God
               ,
               1633.
               purchase
               the
               said
               Messuage
               or
               Tenement
               ,
               with
               the
               Appurtenances
               ,
               amongst
               other
               things
               ,
               of
               the
               said
               Sir
               
                 J.
                 L.
              
               and
               that
               thereupon
               ,
               the
               said
               Sir
               
                 J.
                 L.
              
               in
               or
               about
               the
               Month
               of
               
                 November
              
               in
               the
               said
               year
               ,
               1633.
               did
               surrender
               the
               said
               Messuage
               or
               Tenement
               ,
               amongst
               other
               things
               ,
               into
               the
               hands
               of
               the
               Lord
               of
               the
               said
               Mannor
               of
               
                 W.
              
               to
               the
               use
               of
               the
               said
               
                 W.
                 M.
              
               Knight
               ,
               his
               Heirs
               and
               Assigns
               for
               ever
               ;
               And
               that
               the
               said
               Sir
               
                 W.
                 M.
              
               at
               a
               Court
               holden
               for
               the
               said
               Mannor
               the
               tenth
               day
               of
               
                 December
                 ,
              
               in
               the
               year
               of
               our
               Lord
               God
               ,
               1633.
               was
               admitted
               Tenant
               to
               the
               said
               Messuage
               or
               Tenement
               with
               the
               Appurtenances
               accordingly
               .
               And
               that
               the
               said
               
                 W.
                 M.
              
               Knight
               ,
               continued
               seised
               of
               the
               said
               Messuage
               or
               Tenement
               amongst
               other
               things
               ,
               untill
               about
               the
               Month
               of
               
                 June
              
               last
               ,
               at
               which
               time
               ,
               he
               the
               said
               
                 W.
                 M.
              
               for
               a
               valuable
               consideration
               of
               money
               ,
               did
               surrender
               the
               said
               Messuage
               or
               Tenement
               with
               the
               appurtenances
               ,
               amongst
               other
               things
               ,
               into
               the
               hands
               of
               the
               Lord
               of
               the
               said
               Mannor
               of
               
                 W.
              
               to
               the
               use
               of
               
                 H.
                 P.
              
               
                 Esq
              
               his
               Heirs
               and
               Assigns
               for
               ever
               ,
               according
               to
               the
               custom
               of
               the
               said
               Mannor
               ;
               And
               that
               the
               said
               
                 H.
                 P.
              
               at
               a
               Court
               holden
               for
               the
               said
               Mannor
               ,
               on
               or
               about
               the
               one
               and
               twentieth
               day
               of
               
                 June
              
               last
               ,
               was
               admitted
               Tenant
               to
               the
               said
               Messuage
               or
               Tenement
               ,
               with
               the
               Appurtenances
               ,
               
               amongst
               other
               things
               accordingly
               :
               And
               that
               before
               the
               time
               that
               he
               the
               said
               
                 H.
                 P.
              
               was
               admitted
               Tenant
               to
               the
               same
               ,
               as
               aforesaid
               ,
               he
               having
               the
               summ
               of
               1000
               
                 
                   l
                
              
               or
               more
               of
               the
               said
               purchase
               money
               remaining
               in
               his
               hands
               unpaid
               ,
               had
               notice
               of
               the
               said
               Devise
               and
               charitable
               Use
               .
               And
               lastly
               ,
               that
               the
               said
               yearly
               Rent
               of
               40
               
                 
                   s
                
              
               nor
               any
               part
               thereof
               hath
               not
               been
               as
               yet
               ,
               at
               any
               time
               distributed
               unto
               and
               among
               the
               poor
               people
               of
               the
               Parish
               of
               
                 W.
              
               aforesaid
               according
               to
               the
               Will
               of
               the
               said
               Sir
               
                 H.
                 L.
              
               but
               hath
               remained
               in
               arrear
               and
               unpaid
               to
               the
               Parishoners
               ,
               by
               the
               Occupiers
               of
               the
               said
               Land
               ,
               ever
               since
               the
               death
               of
               the
               said
               Sir
               
                 H.
                 L.
                 viz.
              
               for
               the
               space
               of
               these
               eighteen
               years
               last
               past
               ,
               contrary
               to
               the
               true
               intent
               and
               meaning
               of
               the
               said
               Will
               ,
               as
               by
               the
               said
               Inquisition
               hereunto
               annexed
               more
               at
               large
               ,
               it
               doth
               and
               may
               appear
               .
               Now
               the
               said
               
                 T.
                 W.
                 E.
                 L.
                 N.
                 W.
                 J.
                 H.
                 W.
                 C.
                 D.
                 D.
              
               and
               
                 D.
                 T.
              
               for
               reformation
               of
               the
               said
               abuse
               ,
               neglect
               and
               breach
               of
               Trust
               ,
               do
               hereby
               order
               ,
               adjudge
               and
               decree
               in
               manner
               and
               form
               following
               ;
               that
               is
               to
               say
               ,
               That
               he
               the
               said
               
                 H.
                 P.
              
               now
               owner
               of
               the
               said
               Messuage
               or
               Tenement
               and
               Land
               charged
               with
               the
               said
               Rent
               ,
               his
               Heirs
               ,
               Executors
               ,
               Administrators
               ,
               and
               Assigns
               ,
               shall
               pay
               ,
               or
               cause
               to
               be
               paid
               unto
               the
               said
               
                 J.
                 W.
              
               and
               the
               now
               Churchwardens
               of
               the
               
               said
               Parish
               of
               
                 W.
              
               or
               one
               of
               them
               ,
               the
               summ
               of
               38
               
                 
                   l
                
              
               of
               lawfull
               money
               of
               
                 England
              
               within
               eight
               days
               after
               
                 Proces
              
               shall
               be
               served
               upon
               the
               said
               
                 H.
                 P.
              
               his
               Heirs
               ,
               Executors
               ,
               Administrators
               and
               Assigns
               ,
               at
               or
               in
               the
               Parsonage
               House
               of
               
                 W.
              
               aforesaid
               ,
               for
               the
               arrearages
               of
               the
               said
               yearly
               Rent
               or
               summ
               of
               40
               
                 
                   s
                
              
               limited
               and
               appointed
               by
               the
               said
               Sir
               
                 H.
                 L.
              
               in
               and
               by
               his
               said
               Will
               ,
               to
               be
               issuing
               and
               paid
               out
               of
               the
               said
               Messuage
               or
               Tenement
               ,
               with
               the
               appurtenances
               ,
               to
               the
               charitable
               use
               above
               expressed
               :
               And
               that
               the
               said
               summ
               of
               38
               
                 
                   l
                
              
               shall
               be
               distributed
               by
               them
               the
               said
               
                 J.
                 W.
              
               and
               the
               said
               Churchwardens
               of
               the
               same
               Parish
               ,
               unto
               and
               amongst
               the
               poor
               people
               of
               
                 W.
              
               aforesaid
               ,
               according
               to
               the
               Will
               of
               the
               said
               Sir
               
                 H.
                 L.
              
               And
               that
               the
               said
               
                 H.
                 P.
              
               his
               Heirs
               ,
               Executors
               ,
               Administrators
               and
               Assigns
               ,
               shall
               also
               pay
               unto
               them
               the
               said
               
                 J.
                 W.
              
               and
               the
               said
               Churchwardens
               of
               
                 W.
              
               the
               summ
               of
               10
               
                 
                   l
                
              
               of
               lawfull
               money
               of
               
                 England
                 ,
              
               towards
               the
               charges
               laid
               out
               in
               the
               suing
               forth
               of
               the
               said
               Commission
               ,
               and
               in
               prosecuting
               of
               the
               said
               Inquisition
               and
               this
               Decree
               .
               And
               the
               said
               
                 T.
                 W.
              
               &c.
               do
               further
               order
               ,
               adjudge
               and
               decree
               ,
               that
               the
               said
               Sir
               
                 W.
                 M.
              
               Knight
               ,
               and
               
                 J.
                 W.
              
               being
               the
               surviving
               Devisees
               of
               the
               said
               Rent
               of
               40
               
                 
                   s
                
                 per
                 ann.
              
               limited
               and
               appointed
               to
               be
               paid
               out
               of
               the
               said
               Messuage
               
               or
               Tenement
               ,
               to
               and
               for
               the
               charitable
               Use
               above
               mentioned
               ,
               shall
               at
               or
               before
               the
               said
               Feast
               of
               the
               
                 Annunciation
              
               of
               our
               blessed
               Lady
               the
               Virgin
               
                 Mary
              
               next
               ensuing
               ,
               by
               their
               Deed
               or
               Writing
               ,
               in
               due
               form
               of
               Law
               ,
               to
               be
               made
               ,
               grant
               ,
               convey
               ,
               assigne
               ,
               or
               set
               over
               the
               said
               yearly
               Rent
               of
               40
               
                 
                   s
                
              
               limited
               and
               appointed
               by
               the
               said
               Will
               of
               the
               said
               Sir
               
                 H.
                 L.
              
               to
               be
               for
               ever
               paid
               out
               of
               the
               said
               Messuage
               or
               Tenement
               with
               the
               Appurtenances
               in
               
                 W.
              
               aforesaid
               ,
               to
               and
               for
               the
               charitable
               Use
               before
               expressed
               ,
               unto
               Sir
               
                 H.
                 H.
              
               Knight
               ,
               
                 W.
                 J.
              
               Doctor
               in
               Divinity
               ,
               Rector
               of
               the
               Parish
               Church
               of
               
                 W.
              
               aforesaid
               ,
               
                 B.
                 W.
                 W.
                 B.
                 T.
                 M.
              
               and
               
                 D.
                 T.
              
               Esquires
               ,
               their
               Heirs
               and
               Assigns
               ,
               in
               as
               large
               ,
               ample
               and
               beneficall
               manner
               and
               form
               to
               all
               intents
               and
               purposes
               whatsoever
               ,
               as
               the
               same
               is
               granted
               ,
               Demised
               ,
               or
               bequeathed
               unto
               them
               the
               said
               Sir
               
                 W.
                 M.
              
               Knight
               ,
               
                 J.
                 W.
              
               Clerk
               ,
               
                 H.
                 H.
                 J.
                 W.
              
               and
               
                 E.
                 P.
              
               and
               their
               Heirs
               ,
               in
               and
               by
               the
               Will
               of
               the
               said
               Sir
               
                 H.
                 L.
              
               To
               the
               end
               ,
               intent
               and
               purpose
               the
               said
               Sir
               
                 H.
                 H.
                 W.
                 J.
                 B.
                 W.
                 W.
                 B.
              
               and
               
                 D.
                 T.
              
               their
               Heirs
               and
               Assignes
               may
               be
               enabled
               to
               demand
               and
               receive
               the
               said
               yearly
               Rent
               of
               40
               
                 
                   s
                
              
               of
               and
               from
               the
               owners
               and
               occupiers
               of
               the
               said
               Messuage
               or
               Tenement
               for
               ever
               ,
               at
               the
               Feast
               of
               the
               Birth
               of
               our
               Lord
               God
               .
               And
               that
               the
               same
               may
               be
               distributed
               unto
               and
               amongst
               the
               poor
               people
               
               of
               the
               said
               Parish
               of
               
                 W.
              
               aforesaid
               ,
               from
               time
               to
               time
               for
               ever
               ,
               by
               the
               discretions
               of
               the
               said
               chief
               Inhabitants
               and
               the
               Parson
               ,
               and
               the
               Churchwardens
               of
               the
               said
               Parish
               for
               the
               time
               being
               ,
               for
               ever
               ,
               where
               most
               need
               shall
               be
               ,
               according
               to
               the
               true
               intent
               and
               meaning
               of
               the
               said
               Sir
               
                 H.
                 L.
              
               in
               his
               said
               Will
               expressed
               .
               And
               the
               said
               
                 T.
                 W.
                 E.
                 L.
                 N.
                 W.
                 J.
                 H.
                 W.
                 C.
                 D.
                 D.
              
               and
               
                 D.
                 T.
              
               do
               further
               order
               ,
               adjudge
               and
               decree
               ,
               that
               as
               soon
               as
               any
               four
               of
               them
               ,
               the
               said
               Sir
               
                 H.H.
                 W.J.
                 B.W.
                 W.B.
                 
                 T.M.
              
               and
               
                 D.
                 T.
              
               shall
               depart
               this
               life
               ,
               that
               then
               the
               said
               two
               surviving
               Assignes
               of
               the
               said
               yearly
               Rent
               of
               40
               
                 
                   s
                
              
               shall
               by
               some
               Writing
               under
               their
               hands
               and
               seals
               in
               due
               form
               of
               Law
               to
               be
               made
               ,
               assign
               and
               set
               over
               the
               said
               yearly
               Rent
               of
               40
               
                 
                   s
                
              
               limited
               and
               appointed
               by
               the
               said
               Sir
               
                 H.
                 L.
              
               to
               and
               for
               the
               charitable
               Use
               above
               mentioned
               ,
               unto
               two
               other
               persons
               by
               them
               the
               said
               surviving
               Assignes
               to
               be
               nominated
               and
               their
               Heirs
               ,
               upon
               condition
               that
               they
               the
               said
               two
               persons
               so
               to
               be
               nominated
               by
               them
               the
               said
               surviving
               Assignes
               ,
               as
               aforesaid
               ,
               immediatly
               after
               the
               said
               Rent
               shall
               by
               such
               Act
               and
               Deed
               be
               vested
               and
               settled
               in
               them
               ,
               shall
               re-assigne
               and
               set
               over
               the
               said
               yearly
               Rent
               of
               40
               
                 
                   s
                
              
               unto
               them
               the
               said
               surviving
               Assignes
               :
               And
               also
               to
               four
               or
               more
               other
               persons
               of
               the
               best
               quality
               then
               living
               in
               
                 W.
              
               aforesaid
               ,
               
               their
               Heirs
               and
               Assignes
               for
               ever
               in
               Trust
               ,
               to
               and
               for
               the
               performance
               of
               the
               charitable
               Use
               above
               mentioned
               ;
               And
               that
               from
               time
               to
               time
               ,
               as
               often
               as
               any
               four
               of
               the
               Assignes
               of
               the
               said
               Rent
               shall
               depart
               this
               life
               ,
               that
               then
               the
               surviving
               Assignes
               of
               the
               said
               Rent
               ,
               shall
               make
               such
               new
               Assignments
               of
               the
               said
               yearly
               Rent
               of
               fourty
               shillings
               as
               are
               above
               expressed
               and
               mentioned
               .
               In
               witnesse
               ,
               
                 &c.
                 
              
            
             
               
                 
                   The
                   certain
                   and
                   sure
                   way
                   of
                   making
                   Decrees
                   ,
                   is
                   ▪
                   strictly
                   to
                   observe
                   and
                   pursue
                   the
                   Will
                   and
                   Intent
                   of
                   the
                   Donor
                   .
                
              
               
                 
                   The
                   return
                   of
                   the
                   Commission
                   to
                   be
                   written
                   upon
                   the
                   back
                   thereof
                   .
                
              
               
                 
                   The
                   Execution
                   of
                   this
                   Commission
                   appeareth
                   in
                   severall
                   Schedules
                   to
                   the
                   same
                   Commission
                   annexed
                   .
                
              
            
             
               
                 Four
                 Comissioners
                 ,
                 or
                 more
                 ;
                 
                   
                     
                       A.
                       B.
                       
                    
                  
                   
                     
                       C.
                       D.
                       
                    
                  
                   
                     
                       E.
                       F.
                       
                    
                  
                   
                     
                       G.
                       H.
                       
                    
                  
                
              
            
          
        
         
         
           
             Cases
             adjudged
             upon
             Appeales
             .
          
           
             
               Mich.
               1626.
               
               
                 Winsor
              
               and
               
                 Hilton
                 .
              
            
             
               IN
               the
               Case
               between
               
                 Thomas
                 Winsor
              
               Plaintiff
               ,
               and
               
                 Robert
                 Hilton
              
               and
               others
               ,
               of
               the
               Town
               of
               
                 Farnham
              
               Defendants
               ,
               upon
               a
               Reference
               to
               the
               Judges
               out
               of
               the
               
                 Chancery
                 ,
              
               It
               was
               resolved
               by
               the
               Judges
               of
               the
               
                 Kings
                 Bench
                 ,
              
               That
               if
               upon
               an
               Appeal
               in
               
                 Chancery
              
               or
               
                 Dutchy
                 ,
              
               The
               Decree
               and
               Orders
               of
               the
               Commissioners
               for
               Charitable
               uses
               be
               confirmed
               ,
               The
               party
               grieved
               can
               have
               no
               bill
               of
               Review
               ,
               because
               the
               Appeal
               is
               in
               the
               nature
               of
               a
               Bill
               of
               Review
               ,
               and
               no
               Bill
               of
               Review
               doth
               lye
               after
               a
               Decree
               is
               confirmed
               upon
               a
               Bill
               of
               Review
               ,
               for
               then
               it
               may
               be
               infinite
               vexation
               .
               But
               in
               such
               a
               Case
               the
               party
               greived
               may
               prefer
               his
               Petition
               in
               Parliament
               ,
               and
               there
               have
               his
               complaint
               examined
               ,
               And
               the
               Lords
               in
               Parliament
               may
               confirm
               ,
               alter
               ,
               or
               adnul
               the
               Decree
               ,
               which
               
               is
               to
               be
               final
               ,
               as
               it
               was
               resolved
               by
               the
               Judges
               and
               the
               
                 Kings
              
               Councel
               ,
               Assistants
               in
               the
               House
               of
               Peeres
               ,
               20.
               
               
                 Caroli
              
               1643.
               
               Between
               the
               poor
               of
               
                 Eastham
              
               in
               
                 Essex
              
               Plaintiffs
               ,
               and
               the
               Lady
               
                 Kemp
              
               and
               others
               Defendants
               ,
               where
               
                 Dandy
                 ,
              
               one
               of
               the
               Almesmen
               of
               the
               Almeshouse
               in
               
                 Eastham
                 ,
              
               of
               the
               foundation
               of
               
                 Giles
                 Breame
              
               Esquire
               ,
               complained
               by
               Petition
               before
               the
               Lords
               in
               Parliament
               ,
               to
               have
               a
               Decree
               made
               by
               the
               Lord
               
                 Coventry
              
               adnulled
               ,
               who
               by
               his
               Decree
               altered
               the
               Decree
               of
               the
               Commissioners
               ,
               and
               the
               said
               Defendants
               excepted
               that
               the
               said
               Decree
               could
               not
               be
               adnulled
               without
               Bill
               in
               Parliament
               ,
               for
               the
               reason
               aforesaid
               ,
               and
               upon
               reference
               to
               the
               said
               Judges
               and
               Councel
               ,
               they
               certified
               us
               aforesaid
               ,
               and
               then
               the
               Lords
               proceeded
               to
               examine
               the
               said
               Lord
               Keepers
               Decree
               ,
               and
               confirmed
               it
               .
            
          
           
             
               Mich.
               44.
               
                 Eliz.
                 
              
            
             
               
                 EGerton
                 ,
                 Popham
                 ,
              
               and
               
                 Anderson
                 ,
              
               and
               
                 Cook
                 Attorney
                 General
                 ,
              
               resolved
               these
               questions
               upon
               the
               said
               Statute
               .
            
             
               1.
               
               That
               the
               
                 Bishop
              
               of
               the
               
                 Diocess
                 ,
              
               if
               there
               be
               any
               at
               the
               time
               of
               the
               sealing
               of
               the
               Commission
               
               ought
               by
               the
               expresse
               words
               of
               the
               said
               Statute
               ,
               to
               be
               named
               a
               Commissioner
               ,
               or
               otherwise
               ,
               the
               Commission
               is
               void
               ;
               But
               if
               he
               be
               named
               a
               Commissioner
               ,
               it
               is
               not
               requisite
               that
               he
               should
               be
               present
               at
               the
               execution
               of
               it
               ,
               for
               that
               none
               is
               of
               the
               
                 Quorum
                 ;
              
               but
               any
               four
               or
               more
               of
               the
               Commissioners
               named
               ,
               may
               execute
               the
               same
               without
               the
               presence
               of
               the
               Bishop
               or
               his
               Chancellor
               ,
               If
               the
               See
               of
               the
               Bishop
               be
               void
               at
               the
               sealing
               of
               the
               Commission
               ,
               then
               the
               Bishop
               need
               not
               to
               be
               named
               a
               Commissioner
               ,
               neither
               his
               Chancelor
               ,
               and
               the
               metropolitan
               shall
               not
               be
               named
               in
               stead
               of
               the
               Bishop
               ,
               for
               that
               he
               is
               not
               Bishop
               of
               the
               Diocess
               ,
               And
               if
               the
               Bishop
               be
               named
               a
               Commissioner
               ,
               and
               dye
               before
               the
               Certificate
               returned
               ,
               this
               doth
               not
               avoid
               the
               Commission
               ,
               but
               the
               other
               Commissioners
               may
               proceed
               .
            
             
               2.
               
               If
               a
               Lease
               or
               Conveyance
               be
               made
               by
               parties
               trusted
               with
               a
               Charitable
               use
               ,
               whereby
               the
               same
               is
               defrauded
               ,
               the
               Commissioners
               may
               
                 Decree
              
               the
               same
               Lease
               and
               Conveyance
               to
               be
               void
               .
               And
               upon
               such
               
                 Decree
              
               the
               same
               is
               void
               in
               Interest
               and
               Estate
               .
               And
               if
               afterwards
               upon
               an
               Appeal
               ,
               the
               
                 Lord
                 Keeper
              
               adnul
               the
               Commissioners
               
                 Decree
                 ,
              
               or
               
                 decree
              
               the
               Lease
               or
               Conveyance
               to
               be
               good
               ,
               it
               is
               then
               revived
               and
               made
               good
               again
               in
               Interest
               and
               
               Estate
               .
               And
               if
               such
               Lease
               or
               Conveyance
               be
               assigned
               over
               to
               any
               ,
               the
               Commissioners
               may
               
                 Decree
              
               the
               
                 assignment
              
               to
               be
               void
               ,
               although
               the
               first
               Conveyance
               was
               made
               fraudulently
               ,
               and
               in
               deceipt
               of
               the
               charitable
               use
               .
            
             
               2.
               
               If
               houses
               given
               to
               Charitable
               uses
               be
               suffered
               to
               be
               ruinous
               and
               out
               of
               repair
               by
               negligence
               ,
               The
               Commissioners
               may
               Decree
               That
               those
               which
               receive
               the
               Rents
               and
               Profits
               of
               them
               ,
               shall
               repair
               the
               same
               ,
               although
               they
               have
               otherwise
               expended
               the
               Rents
               in
               performance
               of
               the
               Charitable
               use
               ,
               and
               may
               order
               the
               houses
               to
               be
               ever
               after
               kept
               in
               good
               repair
               ,
               as
               often
               as
               need
               requires
               .
               And
               if
               they
               which
               ought
               to
               repair
               the
               said
               houses
               be
               dead
               before
               the
               Commissioners
               
                 Decree
                 ,
              
               The
               Commissioners
               may
               order
               that
               their
               Heirs
               ,
               Executors
               ,
               or
               Administrators
               having
               Assets
               in
               Law
               or
               Equity
               ,
               shall
               repair
               the
               same
               .
            
             
               4.
               
               That
               the
               word
               given
               in
               the
               Statute
               ,
               extends
               to
               gifts
               after
               the
               Statute
               ,
               as
               well
               as
               to
               gifts
               before
               .
            
             
               5.
               
               The
               Commissioners
               cannot
               by
               their
               
                 Decree
              
               make
               a
               Corporation
               ,
               not
               before
               incorporated
               ,
               and
               enable
               them
               to
               take
               to
               charitable
               uses
               as
               a
               Corporation
               .
               As
               Church-wardens
               which
               are
               a
               Corporation
               in
               Law
               ,
               but
               to
               special
               purposes
               .
            
             
             
               But
               they
               may
               
                 Decree
              
               Lands
               held
               in
               Capite
               ,
               or
               in
               Socage
               ,
               to
               a
               Corporation
               already
               incorporate
               ,
               to
               be
               Trustees
               ,
               to
               perform
               a
               Charitable
               use
               ,
               and
               it
               shall
               be
               no
               Mortmain
               .
            
             
               Also
               they
               may
               
                 Decree
              
               Lands
               given
               to
               charitable
               uses
               ,
               to
               sundry
               persons
               ,
               and
               their
               Heirs
               ,
               to
               the
               said
               uses
               ,
               and
               enable
               them
               to
               demise
               the
               same
               Lands
               for
               the
               best
               profit
               of
               the
               said
               Charitable
               use
               ,
               and
               that
               when
               such
               a
               number
               of
               them
               dye
               ,
               the
               survivers
               shall
               make
               a
               Conveyance
               to
               settle
               the
               said
               lands
               in
               themselves
               that
               survive
               ,
               and
               others
               to
               make
               up
               and
               continue
               the
               number
               by
               them
               appointed
               .
            
             
               6.
               
               If
               lands
               that
               lye
               in
               the
               body
               of
               a
               County
               be
               given
               to
               a
               Corporation
               ,
               to
               maintain
               charitable
               uses
               ,
               the
               Commissioners
               of
               the
               Country
               may
               make
               orders
               to
               reform
               the
               breaches
               of
               Trusts
               ,
               and
               misimployment
               of
               such
               lands
               ,
               by
               the
               Corporation
               .
            
          
           
           
             
               Trin.
               9.
               
               
                 Caroli
                 .
                 East-greensteds
              
               Case
               .
            
             
               THese
               points
               were
               resolved
               by
               the
               
                 Lord
                 Coventry
                 .
              
            
             
               1.
               
               That
               whereas
               
                 Robert
              
               Earl
               of
               
                 Dorset
                 ,
              
               had
               granted
               a
               Rent
               charge
               of
               330
               
                 
                   l
                
                 per
                 ann.
              
               out
               of
               divers
               his
               Mannors
               and
               Lands
               in
               
                 London
              
               and
               several
               Counties
               for
               maintenance
               of
               an
               Almshouse
               in
               
                 East-greensted
                 ,
              
               erected
               by
               himself
               .
               First
               ,
               That
               if
               a
               Rent
               be
               granted
               out
               of
               Lands
               in
               several
               Counties
               for
               maintenance
               of
               charitable
               uses
               in
               one
               County
               ,
               The
               Commissioners
               in
               that
               County
               ,
               where
               the
               charitable
               use
               is
               to
               be
               performed
               ,
               may
               make
               a
               
                 Decree
              
               to
               charge
               the
               lands
               in
               other
               Counties
               ,
               to
               pay
               an
               equal
               contribution
               of
               charge
               in
               payment
               of
               the
               said
               Rent
               ,
               and
               there
               needs
               not
               several
               Inquisitions
               in
               each
               County
               ,
               for
               that
               the
               Rent
               is
               an
               entire
               grant
               ,
               by
               the
               
                 Deed
              
               or
               
                 Will
                 .
              
            
             
               2.
               
               If
               the
               devisees
               of
               a
               Rent-charge
               or
               the
               grantees
               thereof
               to
               a
               charitable
               use
               ,
               do
               purchase
               part
               of
               the
               lands
               ,
               out
               of
               which
               the
               rent
               is
               issuing
               ,
               or
               all
               the
               land
               ,
               Although
               in
               extremity
               of
               Law
               ,
               the
               Rent-charge
               is
               extinguished
               ,
               yet
               if
               the
               Commissioners
               
                 Decree
                 ,
              
               the
               Rent
               
               to
               be
               revived
               ,
               and
               settle
               it
               upon
               others
               to
               maintain
               the
               charitable
               use
               ,
               the
               Rent
               is
               revived
               by
               the
               said
               
                 Decree
                 .
              
            
             
               3.
               
               If
               a
               Rent-charge
               be
               granted
               out
               of
               land
               to
               a
               charitable
               use
               ,
               and
               the
               land
               is
               afterwards
               sold
               for
               valuable
               consideration
               of
               money
               or
               land
               ,
               to
               one
               that
               had
               no
               notice
               of
               the
               Rent
               ,
               yet
               the
               Rent
               remaineth
               .
               For
               that
               the
               purchase
               was
               of
               another
               thing
               ,
               that
               was
               not
               given
               to
               the
               charitable
               use
               .
            
             
               4.
               
               By
               the
               Statute
               ,
               the
               parties
               interessed
               are
               to
               have
               notice
               from
               the
               Commissioners
               ,
               of
               the
               time
               and
               place
               of
               their
               sitting
               to
               execute
               the
               Commission
               .
               Yet
               if
               the
               Commissioners
               make
               a
               
                 Decree
              
               without
               giving
               such
               notice
               to
               the
               parties
               interessed
               ,
               it
               is
               good
               .
               And
               if
               the
               parties
               upon
               their
               Appeal
               do
               take
               exception
               that
               they
               had
               not
               any
               notice
               of
               the
               time
               of
               the
               executing
               of
               the
               Commission
               from
               the
               Commissioners
               ,
               That
               shall
               not
               avoid
               the
               
                 Decree
                 ,
              
               unless
               they
               shew
               withal
               ,
               in
               their
               exception
               ,
               that
               for
               lack
               of
               such
               notice
               ,
               they
               lost
               the
               benefit
               of
               such
               an
               exception
               ,
               to
               the
               Commissioners
               or
               some
               of
               them
               ,
               or
               of
               such
               a
               challenge
               to
               a
               Juror
               ,
               expressing
               the
               cause
               in
               certain
               :
               And
               if
               the
               
                 Lord
                 Keeper
              
               adjudge
               the
               cause
               shewen
               to
               be
               a
               sufficient
               exception
               and
               challenge
               ,
               the
               
                 Decree
                 ,
              
               or
               
                 Orders
              
               of
               the
               Commissioners
               ,
               shall
               be
               adnulled
               and
               
               reversed
               without
               further
               examination
               ,
               for
               the
               intent
               of
               such
               notice
               to
               be
               given
               ,
               is
               .
               That
               the
               parties
               interessed
               may
               make
               their
               lawful
               challenges
               to
               the
               Commissioners
               or
               Jurors
               ,
               as
               the
               Statute
               alloweth
               them
               .
            
             
               5.
               
               Resolved
               that
               the
               notice
               which
               a
               Purchasor
               of
               lands
               given
               to
               charitable
               uses
               ought
               to
               have
               ;
               ought
               to
               be
               certain
               ,
               and
               a
               general
               notice
               ,
               is
               not
               sufficient
               .
               As
               if
               land
               given
               to
               charitable
               uses
               be
               intended
               to
               be
               sold
               by
               Act
               of
               Parliament
               :
               and
               when
               the
               Bill
               is
               read
               in
               the
               house
               of
               Parliament
               ,
               it
               is
               there
               spoken
               unto
               and
               declared
               ,
               that
               the
               land
               is
               chargeable
               with
               a
               charitable
               use
               ,
               and
               recompence
               is
               offered
               otherwise
               to
               assure
               the
               charitable
               use
               then
               by
               that
               land
               ,
               and
               afterwards
               the
               Bill
               doth
               not
               passe
               ,
               and
               the
               Land
               is
               sold
               to
               one
               of
               the
               Members
               of
               the
               House
               that
               spake
               unto
               the
               Bill
               for
               money
               .
               Yet
               this
               notice
               in
               Parliament
               ,
               is
               not
               sufficient
               notice
               ,
               within
               the
               intent
               of
               the
               Statute
               ,
               because
               it
               was
               not
               known
               to
               such
               a
               Purchasor
               ,
               but
               as
               a
               Parliament
               man
               in
               another
               capacity
               .
            
             
               6.
               
               If
               a
               Purchasor
               of
               Land
               given
               to
               charitable
               uses
               ,
               for
               consideration
               of
               money
               ,
               hath
               Legal
               notice
               of
               the
               use
               ,
               and
               afterwards
               selleth
               the
               Land
               to
               another
               for
               money
               ,
               who
               hath
               no
               notice
               of
               the
               use
               .
               This
               
               second
               Purchasor
               shall
               hold
               the
               Land
               chargeable
               with
               the
               charitable
               Use
               ,
               for
               that
               the
               first
               Purchasor
               held
               it
               so
               ,
               and
               the
               second
               Purchasor
               coming
               under
               his
               Title
               ,
               must
               hold
               it
               subject
               to
               the
               charges
               the
               first
               Purchasor
               held
               it
               ,
               for
               that
               he
               claims
               under
               him
               ;
               But
               if
               the
               first
               Purchasor
               had
               no
               notice
               of
               the
               Use
               ,
               then
               is
               the
               Land
               discharged
               of
               the
               charitable
               Use
               :
               and
               if
               he
               aftewards
               sell
               it
               to
               another
               for
               money
               that
               hath
               notice
               of
               the
               Use
               ,
               yet
               he
               shall
               not
               hold
               it
               subject
               to
               the
               charitable
               Use
               ,
               for
               that
               the
               Land
               was
               discharged
               thereof
               upon
               the
               first
               Purchase
               .
            
             
               7.
               
               That
               if
               a
               Rent-charge
               be
               granted
               to
               a
               charitale
               Use
               ,
               out
               of
               Lands
               in
               severall
               Counties
               ,
               the
               Commissioners
               are
               to
               charge
               this
               Rent
               by
               their
               Decree
               ,
               upon
               all
               the
               Lands
               in
               every
               County
               ,
               according
               to
               an
               equall
               distribution
               ,
               having
               regard
               to
               the
               yearly
               value
               of
               all
               the
               Lands
               chargeable
               with
               the
               Rent
               ,
               and
               cannot
               by
               their
               Decree
               charge
               one
               or
               two
               Mannors
               with
               all
               the
               Rent
               ,
               and
               discharge
               the
               residue
               in
               other
               Counties
               or
               places
               ,
               for
               that
               their
               Decree
               will
               then
               be
               contrary
               to
               the
               Will
               of
               Founders
               or
               Donors
               .
            
          
           
           
             
               16.
               
               Martii
               4.
               
               
            
             
               BEtween
               the
               poor
               of
               
                 Walthamstow
              
               in
               
                 Essex
                 ,
              
               and
               upon
               a
               Devise
               of
               money
               by
               one
               
                 Colby
              
               to
               relieve
               the
               poor
               there
               ;
               these
               points
               were
               resolved
               :
               First
               ,
               
                 S.
              
               took
               exception
               upon
               his
               appeal
               in
               Chancery
               ,
               that
               he
               had
               no
               notice
               of
               the
               time
               and
               place
               of
               the
               Execution
               of
               the
               Commission
               from
               the
               Commissioners
               ,
               whereby
               he
               lost
               the
               benefit
               of
               his
               challenge
               to
               some
               of
               the
               Jurors
               that
               were
               Inhabitants
               in
               
                 Walthamstow
                 ,
              
               as
               being
               parties
               interessed
               ,
               and
               upon
               proof
               it
               appeared
               ,
               that
               the
               number
               of
               eighteen
               ,
               were
               sworn
               upon
               the
               Jury
               ,
               whereof
               three
               of
               them
               were
               substantiall
               men
               of
               
                 Walthamstow
                 ,
              
               and
               none
               of
               the
               poor
               there
               to
               take
               benefit
               by
               the
               Gift
               ,
               and
               the
               Lord
               Keeper
               disallowed
               the
               Exception
               ,
               for
               that
               it
               appeared
               fifteen
               others
               were
               of
               the
               Jury
               ,
               against
               whom
               no
               ception
               is
               taken
               ,
               and
               a
               Verdict
               of
               twelve
               or
               more
               ,
               is
               good
               ,
               although
               others
               of
               the
               Jury
               ,
               above
               the
               number
               of
               twelve
               dissent
               ;
               also
               the
               three
               Inhabitants
               were
               no
               parties
               interessed
               in
               the
               Gift
               ,
               and
               may
               be
               Jury-men
               ,
               they
               being
               none
               of
               the
               poor
               of
               the
               said
               Parish
               .
               Secondly
               ,
               if
               one
               be
               authorized
               by
               a
               party
               subject
               
               to
               the
               Decree
               of
               the
               Commissioners
               for
               a
               charitable
               Use
               ,
               as
               a
               Counsellor
               ,
               Solicitor
               ,
               or
               Attorney
               ,
               to
               solicit
               and
               defend
               his
               Suits
               ,
               and
               notice
               is
               given
               to
               his
               Attorney
               ,
               Counsellor
               ,
               or
               Solicitor
               ,
               by
               the
               Commissioners
               of
               the
               time
               and
               place
               for
               execution
               of
               the
               Commission
               against
               the
               person
               so
               entertaining
               him
               ,
               telling
               and
               advising
               him
               to
               acquaint
               the
               party
               interessed
               therewith
               ,
               and
               giveth
               him
               timely
               notice
               to
               acquaint
               him
               accordingly
               ;
               and
               at
               the
               time
               and
               place
               of
               meeting
               ,
               neither
               the
               party
               interessed
               ,
               nor
               any
               other
               cometh
               to
               make
               defence
               and
               challenge
               ;
               if
               the
               Commissioners
               proceed
               to
               enquire
               and
               make
               a
               Decree
               ,
               it
               is
               good
               ,
               and
               the
               notice
               to
               his
               Clients
               is
               sufficient
               :
               and
               in
               the
               case
               of
               
                 S.
              
               it
               was
               proved
               ,
               that
               he
               was
               an
               aged
               man
               ,
               not
               able
               to
               follow
               his
               own
               businesse
               ;
               dwelling
               in
               a
               remote
               County
               ,
               and
               that
               he
               had
               a
               Son
               a
               Counsellor
               at
               Law
               ,
               who
               attended
               his
               Fathers
               businesse
               in
               other
               things
               ,
               unto
               whom
               the
               Commissioners
               gave
               notice
               of
               the
               time
               and
               place
               for
               executing
               the
               Commission
               ,
               and
               that
               he
               might
               have
               given
               his
               Father
               timely
               notice
               of
               it
               ,
               and
               it
               was
               taken
               as
               a
               neglect
               of
               purpose
               ,
               to
               avoid
               the
               Commission
               .
               Also
               it
               was
               proved
               ,
               that
               the
               Father
               had
               personall
               notice
               of
               the
               time
               and
               place
               appointed
               by
               the
               Commissioners
               to
               make
               the
               Decree
               ,
               and
               his
               Son
               came
               to
               attend
               it
               ,
               but
               did
               not
               take
               any
               
               exception
               to
               the
               Jurors
               ,
               and
               the
               Lord
               Keeper
               said
               ,
               that
               notice
               was
               sufficient
               ,
               although
               he
               had
               no
               notice
               of
               the
               Inquiry
               .
            
             
               Thirdly
               ,
               if
               one
               Devise
               money
               to
               a
               charitable
               Use
               for
               Relief
               of
               the
               poor
               ,
               and
               makes
               two
               Executors
               ,
               and
               dies
               ,
               and
               they
               prove
               the
               Will
               ,
               and
               joyntly
               intermeddles
               with
               the
               Receipt
               of
               money
               ,
               and
               one
               trusts
               the
               other
               with
               the
               money
               given
               to
               perform
               the
               charitable
               Use
               ,
               and
               to
               pay
               it
               accordingly
               ,
               and
               he
               wastes
               it
               and
               dies
               insolvent
               ,
               the
               surviving
               Executor
               shall
               be
               charged
               to
               pay
               the
               money
               for
               the
               charitable
               Use
               ,
               if
               the
               Testator
               left
               Assets
               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
               surviving
               Executor
               never
               meddled
               in
               the
               execution
               of
               the
               Will
               ,
               but
               left
               all
               to
               the
               other
               ,
               and
               he
               had
               wasted
               the
               Estate
               ,
               and
               died
               insolvent
               ,
               the
               surviving
               Executor
               shall
               not
               be
               charged
               with
               the
               charitable
               Use
               out
               of
               his
               own
               Estate
               ,
               for
               that
               the
               other
               Executor
               had
               a
               joint
               authority
               with
               him
               from
               the
               Testator
               ,
               and
               he
               would
               not
               prevent
               his
               intermeddling
               ,
               and
               the
               survivor
               had
               no
               other
               means
               to
               prevent
               his
               charge
               ,
               then
               by
               his
               refusall
               .
            
             
               Lastly
               ,
               if
               money
               be
               given
               to
               a
               charitable
               Use
               by
               Will
               ,
               and
               the
               Executors
               detain
               it
               in
               
               their
               hands
               many
               years
               without
               imploying
               it
               according
               to
               the
               Will
               ,
               having
               Assets
               ,
               the
               Commissioners
               may
               Decree
               the
               money
               with
               damages
               for
               detaining
               of
               it
               ,
               to
               be
               imployed
               in
               the
               charitable
               Use
               ,
               according
               to
               their
               discretions
               ,
               not
               exceeding
               8
               
                 
                   l
                
                 per
                 cent
                 .
              
               for
               a
               year
               ,
               for
               the
               damages
               .
            
             
               
                 Mich.
              
               10.
               
               
                 Car.
                 int.
              
               Inhabitants
               of
               
                 Eltham
              
               in
               
                 Kent
                 ,
              
               against
               
                 Warreyn
                 ,
              
               the
               Case
               was
               thus
               :
            
             
               Land
               was
               given
               in
               the
               time
               of
               
                 Hen.
              
               8.
               being
               then
               of
               the
               value
               of
               3
               
                 
                   l
                
                 per
                 ann.
              
               to
               the
               Parishoners
               of
               
                 Eltham
                 ,
              
               to
               repair
               the
               High-ways
               there
               ,
               this
               Land
               doth
               improve
               to
               be
               of
               the
               value
               of
               11
               
                 
                   l
                
                 per
                 ann.
              
               divers
               of
               the
               Parishoners
               being
               Vestry-men
               there
               ,
               do
               Demise
               this
               Land
               and
               House
               upon
               it
               ,
               to
               
                 Warreyn
              
               for
               fifty
               years
               ,
               at
               3
               
                 
                   l
                
              
               Rent
               
                 per
                 ann.
                 Warreyn
              
               cuts
               down
               Timber-trees
               ,
               growing
               upon
               the
               Land
               ,
               and
               repairs
               the
               House
               with
               part
               ,
               and
               sells
               and
               otherwise
               disposeth
               of
               the
               residue
               ,
               and
               pays
               the
               3
               
                 
                   l
                
              
               Rent
               yearly
               ,
               which
               is
               bestowed
               in
               repair
               of
               the
               High
               ways
               ;
               The
               Commissioners
               Decree
               
                 Warreyn
              
               to
               pay
               damages
               for
               cutting
               down
               three
               trees
               ,
               and
               that
               his
               Lease
               should
               be
               voyd
               ,
               and
               surrendred
               up
               to
               be
               cancelled
               ,
               and
               to
               pay
               the
               surplusage
               of
               the
               true
               value
               of
               the
               Land
               ,
               as
               it
               was
               improved
               at
               the
               time
               of
               the
               Lease
               for
               the
               time
               he
               enjoyed
               it
               ,
               and
               that
               divers
               of
               the
               Parishoners
               ,
               naming
               them
               particularly
               ,
               should
               
               be
               Trustees
               to
               the
               said
               Land
               for
               the
               best
               profit
               of
               the
               charitable
               Use
               ,
               and
               that
               such
               a
               number
               should
               enfeoff
               others
               of
               the
               Parishoners
               to
               continue
               the
               number
               of
               the
               Trustees
               ,
               by
               the
               Decree
               appointed
               .
               And
               upon
               
                 Warreyns
              
               Appeal
               to
               the
               Lord
               Keeper
               the
               Decree
               of
               the
               Commissioners
               was
               confirmed
               in
               all
               things
               ,
               and
               resolved
               ,
               that
               the
               cutting
               down
               of
               the
               trees
               was
               a
               waste
               ,
               for
               which
               
                 Warreyn
              
               should
               pay
               damages
               according
               to
               the
               value
               of
               them
               ,
               and
               bestowing
               but
               part
               upon
               the
               House
               ,
               not
               being
               able
               to
               prove
               the
               quantity
               ,
               it
               was
               fraud
               in
               him
               ,
               to
               colour
               his
               disposing
               the
               residue
               otherwise
               ,
               but
               if
               he
               had
               bestowed
               all
               ,
               or
               the
               greatest
               part
               of
               the
               trees
               in
               the
               repair
               ,
               it
               had
               been
               no
               waste
               :
               2.
               
               It
               was
               resolved
               ,
               that
               Commissioners
               may
               give
               costs
               to
               the
               party
               which
               prosecutes
               a
               Commission
               ,
               to
               reform
               a
               breach
               of
               trust
               in
               a
               charitable
               Use
               ,
               and
               the
               Lord
               Keeper
               may
               increase
               these
               costs
               ,
               if
               the
               party
               grieved
               complain
               without
               cause
               :
               3.
               
               The
               Lease
               being
               made
               at
               an
               under
               value
               ,
               is
               a
               breach
               of
               trust
               ,
               and
               fraud
               ,
               to
               deceive
               the
               charitable
               Use
               of
               the
               true
               value
               of
               the
               Land
               :
               And
               the
               Commissioners
               may
               Decree
               the
               Lease
               to
               be
               voyd
               and
               surrendred
               ,
               and
               that
               the
               Lessee
               shall
               pay
               the
               true
               profits
               of
               the
               value
               of
               the
               charitable
               Use
               above
               the
               Rent
               reserved
               .
               And
               lastly
               ,
               the
               Commissioners
               may
               
               by
               their
               Decree
               ,
               inable
               persons
               as
               Trustees
               ,
               to
               have
               interest
               in
               the
               Lands
               given
               to
               charitable
               Uses
               ,
               and
               to
               Demise
               the
               same
               according
               to
               the
               improved
               value
               .
            
          
           
             
               In
               the
               Case
               of
               
                 Sutton
                 Colefield
                 ,
                 in
                 Com.
                 Warr
                 .
              
               Hill
               .
               11.
               
               
                 Car.
                 
              
            
             
               FIrst
               ,
               It
               was
               resolved
               ,
               That
               it
               is
               not
               materiall
               that
               the
               Commissioners
               which
               were
               present
               at
               the
               time
               the
               Evidence
               was
               given
               ,
               and
               of
               the
               taking
               of
               the
               Inquisition
               ,
               be
               present
               at
               the
               making
               of
               the
               Decree
               ,
               for
               if
               any
               or
               all
               of
               them
               are
               absent
               at
               the
               making
               of
               the
               Decree
               ,
               which
               were
               present
               at
               the
               time
               of
               the
               taking
               of
               the
               Inquisition
               and
               Evidence
               ,
               the
               Decree
               is
               good
               ,
               if
               it
               be
               made
               by
               four
               Commissioners
               ,
               or
               more
               .
               And
               if
               it
               appears
               by
               the
               return
               ,
               that
               the
               names
               of
               four
               Commissioners
               were
               affixed
               to
               the
               Inquisition
               ,
               and
               four
               other
               Commissioners
               to
               the
               Decree
               ,
               all
               is
               good
               .
            
             
               Secondly
               ,
               resolved
               ,
               If
               Lands
               of
               the
               value
               of
               3
               
                 
                   l
                
                 per
                 ann.
              
               be
               given
               to
               maintain
               a
               School-Master
               ,
               and
               in
               the
               Deed
               it
               is
               expressed
               ,
               that
               the
               said
               3
               
                 
                   l
                
              
               shall
               be
               onely
               imployed
               to
               maintain
               that
               use
               ,
               and
               no
               other
               use
               is
               expressed
               in
               the
               Deed
               ,
               and
               afterwards
               the
               Land
               increaseth
               to
               a
               greater
               value
               ,
               all
               the
               increased
               Rent
               shall
               
               be
               imployed
               for
               maintenance
               of
               that
               charitable
               Use
               ,
               because
               it
               doth
               not
               appear
               that
               the
               Donor
               had
               any
               intention
               that
               the
               profits
               of
               his
               Land
               should
               be
               imployed
               to
               any
               other
               use
               ,
               and
               at
               the
               first
               he
               gave
               so
               much
               as
               the
               Land
               was
               worth
               .
            
             
               Thirdly
               ,
               resolved
               ,
               if
               Land
               given
               to
               charitable
               Use
               be
               sold
               for
               money
               to
               one
               that
               hath
               notice
               of
               the
               use
               ,
               this
               notice
               did
               make
               the
               Land
               chargeable
               with
               the
               use
               in
               all
               other
               Purchasors
               hands
               ,
               although
               the
               other
               Purchasors
               had
               no
               notice
               of
               the
               use
               ,
               because
               they
               take
               the
               Land
               charged
               with
               other
               incumbrances
               as
               the
               first
               Purchasor
               held
               ,
               but
               if
               the
               first
               Purchasor
               had
               notice
               of
               the
               use
               ,
               then
               is
               the
               Land
               discharged
               of
               the
               use
               ,
               and
               it
               shall
               so
               remain
               in
               all
               the
               Purchasors
               hands
               ,
               although
               they
               had
               notice
               of
               the
               use
               .
            
             
               Fourthly
               ,
               resolved
               ,
               if
               Land
               of
               the
               value
               of
               3
               
                 
                   l
                
                 per
                 ann.
              
               is
               given
               to
               a
               charitable
               use
               ,
               which
               is
               paid
               accordingly
               ,
               and
               afterwards
               the
               Land
               increaseth
               to
               a
               better
               yearly
               value
               ,
               if
               the
               increased
               value
               be
               not
               also
               payd
               to
               the
               charitable
               use
               ,
               that
               is
               breach
               of
               trust
               ,
               which
               the
               Commissioners
               may
               reform
               ,
               if
               no
               other
               use
               of
               imployment
               of
               the
               revenue
               be
               expressed
               in
               the
               Donors
               Deed
               .
            
             
               Fifthly
               ,
               resolved
               ,
               if
               Land
               be
               given
               to
               a
               Corporation
               ,
               or
               other
               particular
               persons
               to
               
               perform
               a
               charitable
               use
               ,
               and
               the
               Donor
               appoint
               them
               Visitors
               ,
               also
               of
               the
               use
               according
               to
               his
               intent
               ,
               if
               the
               said
               Visitors
               do
               break
               the
               trust
               ,
               either
               in
               detaining
               part
               of
               the
               revenue
               ,
               misimploying
               ,
               or
               any
               other
               ways
               defrauding
               the
               charitable
               use
               ,
               this
               may
               be
               restored
               by
               Decree
               of
               the
               Commissioners
               ,
               notwithstanding
               the
               Statute
               of
               43
               
                 Eliz.
              
               which
               disables
               Commissioners
               to
               meddle
               with
               Lands
               given
               to
               charitable
               uses
               ,
               where
               speciall
               Visitors
               are
               appointed
               ,
               for
               the
               intent
               of
               the
               Statute
               is
               to
               disable
               Commissioners
               to
               meddle
               with
               such
               a
               case
               ,
               where
               the
               Land
               is
               given
               to
               persons
               in
               trust
               ,
               to
               perform
               a
               charitable
               use
               ,
               and
               the
               Donor
               appoint
               speciall
               Visitors
               to
               see
               these
               trustees
               to
               perform
               the
               use
               according
               to
               his
               intent
               ,
               if
               the
               Trustees
               defraud
               the
               trust
               ,
               the
               Commissioners
               cannot
               meddle
               ,
               but
               the
               Visitors
               are
               to
               perform
               it
               ,
               but
               where
               the
               Visitors
               are
               Trustees
               also
               ,
               there
               the
               Commissioners
               may
               by
               their
               Decree
               reform
               the
               abuse
               of
               the
               charitable
               use
               .
            
          
           
           
             
               
                 Hynshaw
              
               and
               
                 Pydwers
              
               the
               Mayor
               of
               the
               Corporation
               of
               
                 Morpeth
              
               in
               
                 Northumberland
                 ,
              
               5.
               
               
                 Car.
                 
              
            
             
               KIng
               
                 Edw.
              
               6.
               gives
               Land
               to
               the
               Mayor
               and
               Commonalty
               of
               
                 Morpeth
                 ,
              
               of
               the
               value
               of
               20
               
                 
                   l
                
                 per
                 ann.
              
               to
               maintain
               a
               School-master
               there
               ,
               and
               appoints
               them
               Visitors
               of
               the
               School-master
               and
               Schollars
               ,
               that
               they
               behave
               themselves
               according
               to
               his
               Orders
               ,
               this
               Land
               increaseth
               to
               100
               
                 
                   l
                
              
               by
               the
               year
               ,
               and
               the
               Corporation
               did
               onely
               bestow
               on
               the
               School-master
               the
               20
               
                 
                   l
                
                 per
                 ann.
              
               accordding
               to
               the
               value
               at
               the
               time
               of
               the
               first
               Gift
               .
               A
               commission
               is
               granted
               to
               reform
               this
               breach
               of
               trust
               ,
               and
               the
               Corporation
               upon
               summons
               ,
               refused
               to
               appear
               before
               the
               Commissioners
               ,
               for
               that
               they
               are
               appointed
               Visitors
               ,
               and
               the
               
                 Proviso
              
               of
               the
               Statute
               doth
               exempt
               in
               such
               cases
               the
               power
               of
               the
               Commissioners
               ,
               the
               Commissioners
               certifie
               this
               to
               the
               Lord
               Keeper
               ,
               and
               that
               the
               Visitors
               were
               the
               persons
               trusted
               ,
               and
               did
               break
               the
               trust
               ,
               and
               Serjeant
               
                 Thomas
                 Crew
              
               moving
               the
               Lord
               Keeper
               upon
               this
               Certificate
               the
               22
               of
               
                 May
                 ,
              
               5
               
                 Car.
              
               the
               Lord
               Keeper
               declared
               his
               opinion
               to
               be
               ,
               that
               the
               Commissioners
               might
               proceed
               in
               the
               execution
               
               of
               their
               Commission
               ,
               for
               the
               Visitors
               being
               Trustees
               and
               Parties
               breaking
               the
               Trusts
               ,
               are
               not
               within
               the
               intent
               of
               the
               Proviso
               ,
               and
               if
               it
               should
               be
               otherwise
               construed
               ,
               this
               breach
               of
               Trust
               would
               escape
               unpunished
               ,
               unlesse
               in
               
                 Chancery
              
               or
               in
               
                 Parliament
                 ;
              
               which
               were
               a
               tedious
               and
               chargeable
               Suit
               for
               poor
               persons
               :
               And
               the
               
                 Lord
                 Keeper
              
               said
               ,
               That
               the
               not
               bestowing
               of
               the
               increased
               value
               of
               the
               Land
               given
               ,
               was
               a
               breach
               of
               trust
               in
               the
               Corporation
               ,
               if
               no
               other
               use
               be
               expressed
               in
               the
               Letters
               Patents
               :
               Also
               it
               was
               then
               said
               ,
               If
               Land
               be
               given
               to
               maintain
               a
               charitable
               use
               for
               relief
               of
               poor
               ,
               and
               also
               that
               the
               School-master
               or
               poor
               shall
               pray
               for
               the
               Donors
               soul
               ,
               that
               the
               charitable
               use
               shall
               be
               said
               ,
               the
               principall
               intent
               of
               the
               Donor
               ,
               and
               the
               praying
               for
               his
               soul
               ,
               but
               an
               accessary
               ,
               and
               therefore
               the
               charitable
               use
               shall
               support
               and
               preserve
               the
               Land
               .
            
          
           
           
             
               The
               Case
               of
               the
               Inhabitants
               of
               
                 Woodford
              
               in
               
                 Essex
                 ,
              
               against
               
                 Parkhurst
                 ;
                 Hill
                 .
              
               14.
               
               
            
             
               SIr
               
                 Henry
                 Leigh
              
               did
               purchase
               Copyhold
               lands
               in
               
                 Woodford
                 ,
              
               in
               the
               name
               of
               two
               of
               his
               younger
               sons
               ,
               and
               their
               Heirs
               ,
               they
               being
               within
               age
               ,
               and
               by
               his
               Will
               ,
               Deviseth
               to
               Sir
               
                 William
                 Martin
              
               and
               other
               Parishioners
               of
               
                 Woodford
                 ,
              
               and
               their
               Heirs
               ,
               a
               Rent-charge
               of
               40
               
                 
                   s
                
                 per
                 annum
                 ,
              
               out
               of
               this
               Copyhold
               land
               ,
               for
               relief
               of
               the
               poor
               there
               ,
               and
               dyes
               ,
               Sir
               
                 William
                 Martin
              
               purchaseth
               this
               land
               ,
               and
               enjoyes
               it
               for
               many
               years
               ,
               and
               then
               sells
               the
               land
               unto
               
                 Packhurst
              
               and
               his
               Heirs
               ,
               
                 Parkhurst
              
               hath
               notice
               of
               the
               Charitable
               use
               :
               between
               the
               Surrender
               and
               his
               admittance
               ,
               the
               Commissioners
               Decree
               
                 Parkhurst
              
               to
               pay
               all
               the
               arrerages
               since
               Sir
               
                 Henry
                 Leighs
              
               death
               ,
               and
               upon
               his
               appeal
               ,
               the
               
                 Lord
                 Keeper
              
               resoved
               these
               points
               .
               First
               ,
               that
               the
               Rent
               is
               well
               Devised
               ,
               although
               Sir
               
                 Henry
              
               had
               nothing
               in
               the
               land
               in
               strictness
               of
               Law
               ,
               for
               that
               the
               Estate
               in
               Law
               ,
               was
               in
               the
               children
               ,
               yet
               Sir
               
                 Henry
              
               making
               the
               Purchase
               ,
               and
               enjoying
               the
               land
               as
               owner
               ,
               and
               receiving
               the
               
               Profits
               of
               it
               ,
               he
               shall
               be
               said
               in
               Equity
               to
               have
               power
               to
               dispose
               to
               a
               Charitable
               use
               :
               Also
               it
               being
               objected
               that
               there
               wanted
               a
               Surrender
               to
               enable
               him
               to
               Devise
               ,
               the
               
                 Lord
                 keeper
              
               said
               ,
               yet
               the
               Devise
               was
               good
               enough
               ,
               and
               shall
               be
               said
               a
               good
               gift
               ,
               limitation
               ,
               and
               appointment
               within
               the
               Statute
               ,
               in
               favour
               of
               Charitable
               uses
               .
               Secondly
               ,
               resolved
               that
               the
               Rent
               ,
               although
               it
               was
               extinct
               in
               Law
               ,
               by
               Sir
               
                 William
                 Martin
              
               purchased
               ,
               yet
               by
               the
               Commissioners
               
                 Decree
              
               it
               is
               revived
               .
               Thirdly
               ,
               Resolved
               ,
               the
               Rent
               is
               not
               extinct
               by
               this
               Purchase
               ,
               although
               he
               had
               no
               notice
               of
               the
               same
               ,
               for
               that
               the
               Purchase
               is
               of
               another
               thing
               then
               was
               given
               to
               the
               Charitable
               use
               .
               Fourthly
               ,
               Resoved
               ,
               that
               the
               Rent
               is
               a
               charge
               which
               goes
               with
               the
               Land
               ,
               in
               whose
               hands
               soever
               it
               comes
               ,
               and
               a
               Distress
               may
               be
               taken
               for
               the
               arrerages
               ,
               upon
               the
               ter-tenant
               for
               the
               time
               it
               was
               arrear
               in
               others
               hands
               ,
               and
               the
               owners
               remedy
               ,
               to
               have
               contribution
               against
               all
               others
               that
               enjoyed
               the
               Land
               before
               him
               ,
               is
               by
               Suit
               in
               
                 Chancery
                 ;
              
               and
               here
               
                 Parkhurst
              
               by
               the
               
                 Decree
                 ,
              
               had
               contribution
               against
               all
               others
               that
               enjoyed
               the
               Land
               charged
               ,
               and
               suffered
               arrerages
               to
               accrew
               in
               their
               time
               .
               Lastly
               ,
               Resolved
               that
               the
               notice
               of
               the
               Rent
               given
               to
               
                 Parkhurst
                 ,
              
               after
               the
               Surrender
               and
               agreement
               for
               the
               Purchaser
               and
               before
               his
               admittance
               ,
               
               was
               a
               sufficient
               notice
               within
               the
               Statute
               ;
               if
               notice
               in
               this
               case
               had
               been
               requisite
               ,
               for
               that
               
                 Parkhurst
              
               was
               no
               compleat
               and
               absolute
               Purchasor
               before
               admittance
               ;
               so
               of
               notice
               given
               to
               a
               Purchasor
               ,
               of
               a
               Charitable
               use
               chargeable
               upon
               the
               Land
               ,
               mean
               between
               his
               agreement
               ,
               and
               sealing
               of
               the
               Writings
               ,
               before
               the
               perfecting
               of
               the
               settling
               of
               the
               Estate
               in
               him
               ,
               by
               Attornment
               ,
               Livery
               ,
               or
               Inrolment
               of
               the
               Deed
               of
               Conveyance
               .
            
          
           
             
               Hennington
               Hastings
               
                 in
                 Com.
              
               Warr
               ,
               
                 6.
                 
              
               Jacob
               .
            
             
               ONe
               
                 Humfrey
                 Davis
              
               erected
               an
               Almshouse
               in
               
                 Hennington
                 Hastings
                 ,
              
               for
               eight
               poor
               men
               ,
               and
               being
               Seised
               of
               lands
               in
               
                 Tennington
                 ,
                 Monton
                 ,
              
               and
               
                 ●urbery
                 ,
              
               then
               let
               for
               10
               
                 
                   l
                
              
               Rent
               
                 per
                 annum
                 ,
              
               doth
               devise
               the
               rents
               of
               his
               said
               lands
               ,
               for
               maintenance
               of
               the
               said
               poor
               in
               the
               said
               Almshouse
               ,
               and
               dyes
               ,
               his
               heir
               paies
               the
               Ten
               pound
               yearely
               for
               maintenance
               of
               the
               poor
               ,
               at
               the
               Almshouse
               ,
               and
               at
               the
               end
               of
               the
               term
               ,
               doth
               Demise
               the
               land
               at
               40
               
                 
                   l
                
                 per
                 annum
                 .
              
               The
               Commissioners
               doth
               
                 Decree
              
               the
               whole
               land
               for
               maintenance
               of
               the
               Charitable
               use
               ,
               and
               the
               arrerages
               of
               the
               improved
               Rent
               taken
               by
               the
               
               Heir
               ,
               from
               the
               time
               of
               the
               expiration
               of
               the
               old
               Lease
               ,
               until
               the
               
                 Decree
                 ,
              
               and
               that
               the
               new
               Lease
               shall
               be
               void
               ,
               and
               surrendred
               ,
               and
               upon
               the
               Heirs
               appeal
               in
               
                 Chancery
                 ,
              
               and
               acceptions
               taken
               to
               the
               
                 Decree
                 ,
              
               the
               
                 Lord
                 Keeper
              
               referred
               the
               Case
               to
               the
               Judges
               principally
               ,
               whether
               if
               one
               Devise
               the
               Rents
               of
               his
               Land
               to
               a
               Charitable
               use
               ,
               if
               by
               this
               Devise
               the
               Land
               passed
               ,
               and
               they
               certified
               their
               opinions
               ,
               that
               by
               Devise
               of
               the
               Rents
               of
               the
               lands
               to
               a
               Charitable
               use
               ,
               the
               land
               it self
               did
               passe
               ,
               and
               in
               twelve
               
                 Jac.
              
               in
               the
               Case
               of
               one
               
                 Kerry
              
               and
               
                 Dethick
                 ,
              
               it
               was
               adjudged
               ,
               that
               if
               one
               Devise
               to
               another
               and
               his
               Heires
               ,
               the
               Rents
               and
               Profits
               of
               his
               Lands
               ,
               that
               this
               is
               a
               Devise
               of
               the
               Land
               it self
               ;
               also
               they
               resolved
               ,
               that
               when
               one
               Deviseth
               the
               Rent
               of
               his
               Land
               to
               a
               Charitable
               use
               ,
               it
               shall
               be
               taken
               largely
               for
               a
               Devise
               of
               the
               Rent
               then
               reserved
               ,
               or
               afterwards
               to
               be
               reserved
               upon
               an
               improved
               value
               ,
               and
               the
               
                 Lord
                 Keeper
              
               did
               afterwards
               confirm
               the
               Commissioners
               
                 Decree
              
               in
               all
               things
               .
            
          
           
           
             
               The
               Schoole
               of
               
                 Thetfords
              
               Case
               upon
               a
               Bill
               exhited
               in
               
                 Parliament
                 ,
                 8.
                 
              
               Jacobi
               .
               
                 8.
                 
              
               Coke
               
                 fol.
                 130.
                 
              
            
             
               LAnd
               of
               the
               value
               of
               35
               
                 
                   l
                
              
               by
               the
               year
               ,
               was
               by
               Sir
               
                 Thomas
                 Fulmerston
              
               9.
               
                 Eliz.
              
               Devised
               to
               certain
               persons
               in
               Trust
               ,
               and
               their
               Heirs
               for
               maintenance
               of
               a
               Preacher
               ,
               Schoole
               master
               ,
               and
               poor
               people
               ,
               in
               
                 Thetford
                 ,
              
               and
               by
               the
               Will
               ,
               a
               special
               distribution
               was
               made
               ,
               how
               much
               the
               Preacher
               ,
               Schoole-master
               and
               poor
               should
               have
               ,
               amounting
               in
               the
               whole
               ,
               unto
               35
               
                 
                   l
                
              
               by
               the
               year
               ,
               which
               was
               the
               value
               of
               the
               Land
               at
               the
               time
               of
               the
               Devise
               ,
               and
               afterwards
               the
               land
               increaseth
               to
               be
               by
               the
               value
               of
               100
               
                 
                   l
                
              
               by
               the
               year
               ,
               and
               upon
               a
               Reference
               to
               the
               
                 Chief
                 Justices
              
               and
               
                 Judge
                 Walmsley
                 ,
              
               they
               certified
               their
               opinions
               ,
               that
               the
               Revenew
               of
               the
               Lands
               shall
               be
               imployed
               to
               increase
               the
               several
               stipends
               of
               the
               persons
               appointed
               to
               be
               maintained
               by
               the
               Devisor
               .
               and
               if
               any
               surplusage
               do
               remain
               ,
               it
               shall
               be
               imployed
               for
               the
               maintenance
               of
               a
               greater
               number
               of
               people
               ,
               and
               nothing
               shall
               be
               converted
               by
               the
               Devisees
               ,
               to
               their
               own
               use
               ,
               for
               that
               it
               appeareth
               
               by
               the
               distribution
               of
               the
               Devisor
               ,
               that
               he
               intended
               that
               all
               the
               Profits
               of
               his
               lands
               ,
               shall
               be
               imployed
               in
               the
               Charitable
               works
               by
               him
               Founded
               ,
               and
               left
               nothing
               to
               his
               Heirs
               or
               Executors
               ,
               of
               the
               Profits
               of
               his
               Lands
               ,
               as
               they
               were
               in
               value
               at
               his
               death
               ,
               and
               as
               if
               the
               value
               of
               the
               Lands
               had
               decreased
               ,
               the
               poor
               should
               have
               lost
               in
               their
               stipends
               ,
               so
               when
               the
               Revenue
               of
               the
               Revenue
               of
               the
               Lands
               increase
               ,
               they
               shall
               gain
               ;
               and
               the
               Lord
               
                 Coke
              
               said
               ,
               that
               this
               resolution
               did
               concern
               all
               the
               Colledges
               in
               the
               
                 Vniversities
              
               and
               elsewhere
               ,
               for
               when
               the
               lands
               were
               first
               given
               for
               their
               maintenance
               ,
               and
               that
               every
               Scholler
               should
               have
               a
               penny
               half
               peny
               a
               day
               ,
               this
               was
               then
               a
               competent
               allowance
               for
               a
               Scholler
               in
               respect
               of
               the
               price
               of
               victuals
               then
               and
               yearly
               value
               of
               the
               Land
               ,
               and
               now
               the
               price
               of
               victuals
               being
               increased
               ,
               the
               first
               maintenance
               for
               Schollars
               ,
               is
               not
               competent
               for
               them
               ;
               and
               as
               the
               value
               of
               the
               lands
               increase
               ,
               so
               ought
               the
               allowance
               for
               the
               Schollars
               to
               increase
               ;
               for
               the
               Colledges
               seised
               in
               
                 Jure
                 Collegii
                 ,
              
               to
               the
               intent
               that
               the
               members
               of
               the
               Colledge
               ,
               shall
               be
               maintained
               ,
               according
               to
               the
               intent
               of
               the
               Founder
               ,
               which
               is
               ,
               that
               all
               the
               Revenue
               and
               Increase
               of
               the
               Profits
               of
               their
               Lands
               ,
               shall
               be
               bestowed
               in
               the
               works
               of
               Charity
               ,
               which
               the
               Founder
               
               hath
               expressed
               ,
               and
               that
               nothing
               should
               be
               committed
               to
               any
               other
               private
               uses
               ,
               for
               
                 panis
                 egentum
                 est
                 vitae
                 pauperum
                 ,
                 &
                 qui
                 defraudat
                 eos
                 homo
                 sanguinis
                 est
                 ,
              
               and
               upon
               conference
               with
               all
               the
               Judges
               of
               
                 England
                 ,
              
               they
               agreed
               to
               the
               opinion
               of
               both
               the
               aforesaid
               Judges
               ,
               and
               both
               Houses
               of
               Parliament
               passed
               the
               Bill
               accordingly
               ,
               and
               the
               King
               assented
               to
               the
               Bill
               .
            
          
           
             
               Dame
               
                 Billingsleys
              
               Case
               .
               12.
               
               
                 Jac.
                 
              
            
             
               THe
               Lady
               
                 Billingsley
                 ,
              
               being
               a
               feme
               covert
               ,
               and
               Administatrix
               unto
               
                 Martin
              
               her
               first
               husband
               ,
               made
               her
               Will
               ,
               and
               gave
               400
               
                 
                   l
                
              
               unto
               Charitable
               uses
               ,
               out
               of
               1800
               
                 
                   l
                
              
               debt
               ,
               due
               unto
               
                 Martin
              
               upon
               a
               Statute
               ,
               and
               dyes
               ,
               Administration
               of
               
                 Martins
              
               goods
               ,
               is
               committed
               unto
               others
               ;
               the
               Executors
               of
               the
               Lady
               
                 Billingsley
              
               prove
               the
               Will
               ,
               and
               have
               asse●●
               ,
               Commissioners
               for
               charitable
               uses
               make
               a
               
                 Decree
              
               against
               the
               Executors
               for
               payment
               of
               the
               400
               
                 
                   l
                
              
               given
               by
               her
               unto
               the
               Charitable
               use
               .
            
             
               Upon
               an
               Appeal
               ,
               the
               Executors
               take
               exception
               against
               the
               
                 Decree
                 :
              
               first
               ,
               that
               the
               Will
               is
               void
               being
               made
               by
               a
               feme
               covert
               ,
               
               for
               that
               the
               Demise
               of
               the
               Charitable
               use
               ,
               is
               to
               be
               paid
               but
               of
               money
               due
               upon
               a
               Statute
               ,
               which
               is
               a
               thing
               in
               action
               ,
               and
               the
               Administrators
               of
               
                 Martyn
              
               have
               now
               the
               debt
               out
               of
               which
               the
               charitable
               use
               ought
               to
               be
               payd
               ,
               but
               the
               Lord
               Keeper
               did
               confirm
               the
               Decree
               ,
               and
               declared
               ,
               that
               the
               Will
               of
               a
               Femecovert
               ,
               is
               not
               meerly
               voyd
               ,
               unlesse
               her
               Husband
               did
               contradict
               it
               ,
               and
               it
               shall
               stand
               good
               in
               this
               case
               ,
               and
               be
               a
               good
               Declaration
               of
               money
               to
               a
               charitable
               Use
               within
               the
               Statute
               .
               Secondly
               ,
               this
               Declaration
               shall
               be
               good
               to
               charge
               her
               Executors
               to
               pay
               the
               charitable
               use
               ,
               it
               being
               found
               that
               they
               have
               Assets
               ,
               and
               they
               shall
               be
               liable
               to
               pay
               it
               out
               of
               her
               Estate
               ,
               but
               it
               shall
               not
               charge
               the
               Administrators
               of
               
                 Martin
                 ,
              
               for
               that
               they
               be
               Administrators
               to
               another
               ,
               and
               claimed
               immediately
               from
               
                 Martin
              
               above
               the
               Will
               .
            
          
           
             
               Decimo
               quinto
               Jac.
               
                 Collisons
              
               Case
               .
            
             
               
                 COllison
              
               seized
               of
               Lands
               in
               Fee
               in
               
                 Pape
                 street
              
               of
               
                 Eltham
                 ,
              
               in
               25
               
                 H.
              
               8.
               —
               Deviseth
               the
               Rents
               of
               his
               Lands
               to
               his
               Executors
               for
               reparations
               of
               High
               ways
               within
               the
               Parish
               for
               ever
               ,
               and
               upon
               a
               Reference
               to
               
                 Mountague
              
               and
               
               
                 Hoboard
                 ,
              
               chief
               Justices
               ,
               out
               of
               the
               
                 Chancerie
                 ,
              
               they
               certified
               ,
               that
               this
               was
               a
               good
               Demise
               of
               the
               Land
               ,
               and
               that
               if
               one
               do
               Demise
               the
               Rents
               and
               profits
               of
               his
               Lands
               to
               another
               and
               his
               Heirs
               ,
               this
               is
               a
               good
               Demise
               of
               the
               Land
               it self
               .
               Secondly
               ,
               although
               this
               was
               a
               voyd
               Demise
               in
               Law
               ,
               because
               it
               was
               made
               in
               25
               
                 H.
              
               8.
               at
               which
               time
               no
               Land
               was
               Demisable
               by
               the
               Common
               Law
               but
               customary
               Land
               ,
               and
               the
               Statute
               of
               32
               ,
               34
               
                 H.
              
               8.
               were
               made
               divers
               years
               after
               ,
               yet
               by
               the
               Statute
               ,
               43
               
                 Eliz.
              
               it
               is
               made
               good
               ,
               and
               shall
               be
               taken
               within
               that
               Statute
               ,
               for
               a
               good
               limitation
               and
               appointment
               to
               a
               charitable
               use
               ,
               and
               it
               was
               Decreed
               according
               to
               their
               certificate
               .
            
          
           
             
               Sir
               
                 Tho.
                 Middletons
              
               Case
               .
               1617.
               
            
             
               
                 SOldiers
              
               and
               
                 Marriners
                 ,
              
               by
               a
               voluntary
               contribution
               amongst
               themselves
               ,
               abates
               out
               of
               their
               wages
               of
               six
               shillings
               a
               Month
               ,
               4
               
                 
                   d
                
              
               by
               the
               Month
               ,
               and
               he
               which
               taketh
               five
               shillings
               by
               the
               Month
               ,
               3
               
                 
                   d
                
              
               by
               the
               Month
               ,
               and
               appoints
               this
               to
               be
               payd
               to
               Sir
               
                 Tho.
                 Middleton
                 ,
              
               to
               the
               intent
               that
               he
               shall
               imploy
               it
               for
               relief
               of
               maimed
               
                 Souldiers
              
               and
               
                 Marriners
                 ,
              
               upon
               the
               Seas
               ,
               their
               wives
               and
               children
               ,
               and
               Sir
               
               
                 Tho.
              
               receives
               by
               this
               appointment
               ,
               400
               
                 
                   l
                
              
               which
               he
               keeps
               in
               his
               hands
               about
               twenty
               years
               .
               This
               voluntary
               contribution
               was
               made
               by
               the
               
                 Marriners
              
               and
               
                 Soldiers
              
               attending
               Sir
               
                 Francis
                 Drake
                 ,
              
               and
               Sir
               
                 John
                 Hawkins
                 ,
              
               in
               their
               voyages
               to
               the
               
                 West
                 Indies
                 ,
              
               upon
               a
               Commission
               upon
               the
               Statute
               of
               
                 Charitable
                 Vses
                 ,
              
               this
               voluntary
               agreement
               and
               constitution
               of
               the
               
                 Souldiers
              
               and
               
                 Marriners
              
               was
               proved
               before
               them
               ,
               and
               that
               Sir
               
                 Tho.
                 Middleton
              
               had
               received
               by
               reason
               thereof
               400
               
                 
                   l
                
              
               which
               he
               had
               detained
               in
               his
               hands
               twenty
               years
               .
               The
               Commissioners
               make
               a
               Decree
               for
               payment
               of
               the
               said
               money
               ,
               with
               some
               damages
               ,
               and
               upon
               Appeal
               to
               the
               Lord
               Keeper
               ,
               he
               confirmed
               this
               Decree
               .
            
          
           
             
               
                 Rivetts
              
               Case
               .
               15
               
                 Jac.
                 
              
            
             
               A
               Copyholder
               of
               Land
               in
               Fee
               ,
               Deviseth
               the
               same
               to
               a
               charitable
               Use
               without
               a
               surrrender
               ,
               Commissioners
               make
               a
               Decree
               for
               the
               Land
               ,
               and
               upon
               Appeal
               ,
               the
               Decree
               was
               confirmed
               ;
               for
               although
               it
               be
               a
               voyd
               Devise
               by
               the
               common
               Law
               ,
               yet
               it
               is
               a
               good
               limitation
               and
               appointment
               of
               Land
               to
               a
               charitable
               use
               ,
               and
               it
               shall
               bind
               the
               Heir
               ,
               but
               not
               the
               Lord
               for
               his
               Fine
               .
            
             
             
               This
               Devise
               was
               made
               unto
               the
               Devisors
               Son
               and
               Heir
               ,
               and
               his
               Heir
               ,
               upon
               condition
               ,
               that
               he
               and
               his
               Heirs
               should
               imploy
               the
               profits
               of
               the
               Land
               for
               the
               relief
               of
               
                 Stow
                 Market
              
               in
               
                 Suffolk
                 ,
              
               and
               after
               the
               Devisor
               died
               without
               a
               Surrender
               to
               the
               use
               of
               his
               Will
               .
               In
               6
               
                 Jac.
              
               the
               Heir
               having
               sold
               the
               Land
               to
               one
               
                 Flick
              
               for
               valuable
               consideration
               of
               money
               ,
               sues
               out
               a
               Commission
               upon
               the
               Statute
               of
               
                 charitable
                 Vses
                 ,
              
               by
               fraud
               and
               covin
               between
               him
               and
               
                 Flick
                 ,
              
               to
               discharge
               this
               Land
               of
               the
               charitable
               use
               ,
               upon
               which
               Commission
               ,
               it
               was
               proved
               before
               the
               Commissioners
               ,
               that
               
                 Flick
              
               had
               any
               notice
               of
               this
               charitable
               use
               ,
               but
               it
               was
               proved
               that
               the
               Heir
               that
               sold
               the
               Land
               had
               Assets
               ,
               both
               in
               Law
               and
               Equity
               ,
               to
               give
               allowance
               out
               of
               his
               Estate
               to
               maintain
               this
               charitable
               use
               ,
               whereupon
               the
               Commissioners
               Decreed
               ,
               that
               the
               Son
               and
               Heir
               should
               grant
               out
               of
               his
               own
               Land
               ,
               the
               summ
               of
               five
               Marks
               ,
               and
               to
               maintain
               this
               charitable
               use
               ,
               it
               being
               then
               proved
               ,
               that
               the
               Land
               Devised
               for
               the
               charitable
               Use
               ,
               was
               of
               no
               great
               value
               ,
               and
               they
               further
               Decree
               ,
               that
               
                 Flick
              
               should
               hold
               his
               Land
               discharged
               of
               the
               charitable
               use
               :
               And
               this
               Decree
               being
               certified
               into
               the
               
                 Chancery
                 ,
              
               and
               prosecuted
               by
               the
               Heir
               and
               
                 Flick
                 ,
              
               with
               intent
               to
               discharge
               the
               Land
               Devised
               ,
               of
               the
               charitable
               
               use
               ,
               the
               Lord
               Keeper
               confirmed
               it
               ;
               Afterwards
               the
               Parishoners
               of
               
                 Stow
                 Market
              
               having
               notice
               of
               this
               fraud
               ,
               and
               that
               the
               Land
               Devised
               was
               worth
               7
               
                 
                   l
                
              
               10
               
                 
                   s
                
              
               
                 per
                 ann.
              
               they
               in
               14.
               
               
                 Jac.
              
               sue
               out
               another
               Commission
               upon
               the
               said
               Statute
               ,
               and
               before
               the
               Commissioners
               it
               was
               proved
               that
               
                 Flick
              
               had
               notice
               of
               this
               charitable
               use
               before
               he
               bought
               the
               Land
               .
               Secondly
               ,
               it
               was
               proved
               that
               the
               first
               Commission
               was
               sued
               out
               by
               fraud
               and
               combination
               between
               the
               Heir
               and
               
                 Flick
                 ,
              
               on
               purpose
               to
               discharge
               the
               Land
               Devised
               ,
               of
               this
               charitable
               use
               .
               Thirdly
               ,
               it
               was
               proved
               that
               the
               Land
               Devised
               was
               worth
               7
               
                 
                   l
                
              
               10
               
                 
                   s
                
                 per
                 an.
              
               And
               fourthly
               ,
               that
               the
               Heir
               had
               not
               payd
               the
               5
               Marks
               Decreed
               by
               the
               former
               Commission
               to
               be
               payd
               ,
               upon
               all
               which
               proofs
               ,
               the
               latter
               Commissioners
               Decree
               
                 Flicks
              
               Land
               for
               maintenance
               of
               the
               charitable
               use
               appointed
               ,
               and
               the
               Jury
               having
               found
               the
               former
               Commission
               to
               be
               prosecuted
               by
               fraud
               and
               combination
               ,
               as
               aforesaid
               ,
               they
               Decree
               that
               
                 Flick
              
               shall
               pay
               the
               full
               value
               of
               his
               Land
               by
               the
               year
               to
               the
               charitable
               use
               ,
               from
               the
               time
               of
               his
               Purchase
               .
               And
               lastly
               ,
               they
               Decree
               ,
               that
               the
               Heir
               that
               ought
               to
               have
               paid
               the
               5
               Marks
               
                 per
                 ann.
              
               for
               divers
               years
               ,
               and
               hath
               not
               paid
               it
               at
               any
               time
               ,
               should
               pay
               the
               arrerages
               ,
               and
               then
               his
               Land
               to
               be
               discharged
               from
               further
               payment
               of
               it
               .
               
               This
               latter
               Decree
               being
               certified
               in
               the
               
                 Chancery
                 ,
                 Flick
              
               took
               exception
               ,
               that
               the
               second
               Commission
               issued
               out
               illegally
               ,
               there
               having
               been
               a
               former
               Commission
               and
               Decree
               ,
               to
               discharge
               the
               Land
               of
               the
               charitable
               use
               ,
               which
               was
               confirmed
               by
               Decree
               of
               this
               Court
               ,
               which
               ought
               to
               be
               finall
               ,
               and
               is
               not
               to
               be
               reversed
               but
               in
               Parliament
               ,
               according
               to
               
                 Andrew
                 Hynstors
              
               Case
               before
               ;
               and
               if
               a
               Commission
               upon
               a
               Commission
               should
               issue
               out
               upon
               this
               Statute
               ,
               such
               multiplicity
               of
               Suits
               would
               arise
               ,
               as
               that
               it
               would
               prove
               inconvenient
               ,
               and
               multiplicity
               of
               Suits
               is
               not
               allowed
               in
               Law
               .
               But
               the
               Lord
               Keeper
               did
               confirm
               the
               second
               Decree
               ,
               because
               of
               the
               fraud
               and
               combination
               between
               the
               Heir
               and
               
                 Flick
              
               in
               suing
               out
               the
               first
               Commission
               ,
               which
               was
               found
               by
               the
               Jury
               ,
               and
               proved
               before
               the
               L.
               Keeper
               ,
               and
               therefore
               he
               now
               reversed
               the
               first
               Decree
               ,
               and
               confirmed
               this
               ,
               for
               that
               by
               the
               Law
               ,
               
                 Fraus
                 &
                 dolus
                 nemini
                 patrociniam
                 debet
                 ,
              
               but
               if
               a
               Decree
               be
               legally
               made
               without
               fraud
               by
               the
               Commissioners
               for
               charitable
               uses
               ,
               and
               upon
               Appeal
               this
               is
               confirmed
               in
               the
               
                 Chancery
                 ,
              
               and
               where
               a
               Decree
               is
               made
               by
               Commissioners
               for
               charitable
               uses
               ,
               and
               this
               Decree
               confirmed
               in
               
                 Chancery
                 ,
              
               if
               the
               Decree
               be
               not
               performed
               accordingly
               :
               now
               no
               Commission
               need
               be
               sued
               out
               ,
               for
               upon
               an
               
                 Affidavit
              
               made
               of
               a
               
               breach
               of
               the
               Decree
               ,
               an
               
                 Attachment
              
               and
               other
               
                 Proces
              
               of
               course
               is
               to
               issue
               out
               to
               compell
               the
               parties
               concerned
               ,
               to
               perform
               the
               Decree
               ;
               yet
               if
               a
               second
               Commission
               do
               issue
               out
               ,
               it
               is
               not
               illegall
               ,
               if
               nothing
               be
               decreed
               against
               the
               first
               Decree
               ;
               and
               upon
               this
               second
               Commission
               ,
               they
               are
               to
               decree
               by
               form
               of
               the
               first
               Decree
               ,
               if
               they
               find
               a
               breach
               .
            
          
           
             
               Barnard
               Hides
               
                 Case
                 .
              
            
             
               TRinity
               ,
               4
               
                 Car.
                 Barnard
                 Hides
              
               Case
               against
               the
               Parishoners
               of
               
                 Gillingham
                 ,
                 Darford
                 ,
              
               and
               
                 Sutton
              
               in
               
                 Kent
                 .
              
            
             
               
                 Katherine
                 Banne
              
               grants
               by
               Deed
               ,
               a
               Rentseek
               out
               of
               208
               acres
               of
               Land
               ,
               for
               relief
               of
               the
               poor
               in
               those
               Parishes
               ,
               and
               limits
               this
               to
               commence
               after
               her
               death
               ,
               and
               gives
               seisin
               of
               this
               in
               her
               life
               ,
               the
               Rent
               is
               behind
               for
               thirty
               six
               years
               ,
               
                 Hide
              
               Purchaseth
               the
               Land
               ,
               having
               notice
               of
               the
               charitable
               use
               ,
               and
               in
               the
               Grant
               ,
               there
               was
               a
               
                 nomine
                 poenae
              
               of
               50
               
                 
                   s
                
              
               if
               the
               Rent
               be
               not
               paid
               by
               her
               Heirs
               within
               fourteen
               days
               after
               it
               was
               due
               by
               the
               Grant
               ,
               and
               it
               was
               found
               that
               
                 Hide
              
               had
               held
               the
               Land
               seven
               years
               ,
               upon
               a
               Commission
               for
               charitable
               uses
               ,
               the
               Commissioners
               Decree
               that
               
                 Hide
              
               shall
               pay
               all
               the
               arrerages
               for
               thirty
               six
               years
               ,
               and
               also
               the
               arrerages
               of
               the
               
                 nomine
                 poenae
              
               for
               seven
               
               years
               ,
               being
               the
               time
               he
               had
               enjoyed
               the
               Land
               ,
               and
               Decree
               that
               the
               Grantor
               shall
               distrain
               for
               the
               Rent
               for
               ever
               after
               .
               And
               the
               Commissioners
               Decree
               being
               returned
               in
               
                 Chancery
                 ,
              
               the
               Lord
               Keeper
               referred
               it
               to
               the
               Judges
               ,
               who
               resolved
               these
               points
               :
               First
               ,
               that
               
                 Hide
              
               should
               pay
               all
               the
               arrerages
               for
               thirty
               six
               years
               ,
               for
               that
               the
               Land
               is
               chargeable
               with
               the
               Rent
               ,
               in
               whose
               hands
               soever
               it
               cometh
               .
               Secondly
               ,
               that
               the
               seisin
               given
               by
               the
               Grantor
               in
               her
               life
               ,
               is
               good
               ,
               although
               the
               Rent
               did
               not
               commence
               ,
               or
               was
               in
               
                 esse
              
               at
               the
               time
               of
               the
               seisin
               given
               .
               Thirdly
               ,
               if
               Land
               or
               Rent
               be
               given
               to
               a
               charitable
               use
               ,
               and
               misimployed
               ,
               a
               Purchasor
               which
               hath
               notice
               of
               the
               Gift
               ,
               shall
               not
               be
               further
               charged
               then
               during
               his
               own
               time
               ;
               but
               where
               the
               Rent
               is
               concealed
               ,
               a
               Purchasor
               shall
               answer
               for
               all
               the
               time
               of
               the
               concealment
               ,
               for
               the
               Land
               is
               a
               Debtor
               ,
               
                 &
                 transit
                 cum
                 onere
                 .
              
               Fourthly
               ,
               if
               a
               Rent
               be
               granted
               out
               of
               Land
               to
               a
               charitable
               use
               ,
               and
               one
               buys
               the
               Land
               for
               a
               valuable
               consideration
               of
               money
               ,
               having
               no
               notice
               of
               the
               charitable
               Use
               and
               Rent
               ,
               yet
               the
               Rent
               remains
               ,
               because
               it
               is
               collaterall
               to
               the
               Land
               ,
               and
               another
               thing
               ,
               and
               the
               notice
               required
               by
               the
               Statute
               is
               to
               be
               given
               ,
               as
               well
               of
               the
               Land
               ,
               as
               of
               the
               charitable
               use
               .
               Fifthly
               ,
               resolved
               ,
               that
               the
               Purchasor
               shall
               not
               pay
               the
               arrerages
               of
               the
               
                 nomine
                 poenae
                 ,
              
               because
               it
               was
               a
               
               personall
               charge
               upon
               the
               Heir
               ,
               who
               ought
               to
               have
               paid
               the
               Rent
               ,
               and
               it
               doth
               not
               charge
               the
               Land
               .
               Sixthly
               ,
               when
               the
               Heir
               or
               others
               ,
               charged
               to
               pay
               a
               charitable
               use
               ,
               do
               break
               the
               trust
               ,
               the
               Commissioners
               may
               transfer
               the
               trust
               unto
               others
               ,
               as
               to
               the
               Churchwardens
               ,
               or
               other
               Parishoners
               of
               the
               Parish
               where
               the
               charitable
               use
               is
               to
               be
               distributed
               .
               Lastly
               ,
               it
               was
               resolved
               ,
               that
               if
               a
               Rent
               seek
               be
               granted
               to
               a
               charitable
               use
               ,
               the
               Commissioners
               by
               their
               Decree
               cannot
               make
               this
               a
               Rent-charge
               ,
               by
               adding
               a
               clause
               of
               distresse
               ,
               unlesse
               it
               be
               for
               that
               this
               alters
               the
               nature
               of
               the
               Rent
               in
               the
               creation
               of
               it
               ,
               and
               is
               against
               the
               mind
               of
               the
               Donor
               .
            
          
           
             
               Mich.
               14.
               
               
                 Car.
                 Plate
              
               and
               the
               
                 Masters
              
               and
               
                 Fellows
              
               of
               St.
               
               
                 Johns
                 Colledge
              
               in
               
                 Cambridge
                 .
              
            
             
               
                 PLate
              
               being
               seised
               of
               Copyhold
               Land
               in
               tayl
               in
               
                 Highgate
              
               in
               
                 Midlesex
                 ,
              
               surrenders
               this
               in
               Court
               to
               the
               use
               of
               his
               Will
               ,
               and
               suffers
               a
               Recovery
               in
               the
               Court
               of
               the
               Mannor
               ,
               in
               which
               no
               Judgement
               is
               given
               against
               the
               Vouchee
               ,
               and
               after
               Deviseth
               by
               his
               Will
               ,
               this
               Copyhold
               Land
               ,
               and
               all
               his
               Free-hold
               Land
               to
               his
               wife
               for
               life
               ,
               the
               remainder
               
               to
               the
               
                 Master
              
               and
               
                 Fellows
              
               of
               St.
               
               
                 Johns
                 Colledge
              
               in
               
                 Cambridge
              
               for
               maintenance
               of
               the
               Schollars
               there
               ,
               the
               Heir
               of
               
                 Plate
              
               enters
               upon
               the
               wife
               ,
               to
               avoid
               the
               Devise
               ,
               and
               the
               
                 Master
              
               and
               
                 Fellows
              
               prefer
               a
               Bill
               in
               
                 Chancery
              
               to
               preserve
               their
               interest
               ,
               and
               to
               have
               the
               Devise
               to
               them
               confirmed
               .
               The
               
                 Lord
                 Keeper
                 ,
                 Littleton
                 ,
              
               resolves
               ,
               that
               if
               no
               Judgement
               be
               given
               against
               the
               Vouchee
               ,
               to
               have
               in
               value
               ,
               in
               case
               of
               a
               common
               recovery
               to
               cut
               off
               an
               Estate
               tayl
               ,
               that
               it
               is
               a
               voyd
               recovery
               ,
               and
               will
               not
               cut
               off
               an
               Estate
               tayl
               ;
               and
               as
               to
               the
               wife
               ,
               to
               whom
               the
               Land
               was
               Devised
               for
               life
               ,
               the
               Heir
               had
               liberty
               given
               by
               Law
               to
               evict
               them
               ,
               but
               as
               to
               the
               
                 Colledge
              
               and
               the
               remainder
               limited
               to
               them
               ,
               the
               
                 Lord
                 Keeper
              
               did
               declare
               ,
               that
               the
               Devise
               is
               good
               to
               them
               by
               the
               Statute
               ,
               43
               
                 Elizabeth
              
               touching
               Gifts
               ,
               Limitations
               and
               appointments
               of
               Lands
               to
               charitable
               uses
               ;
               for
               there
               is
               gift
               and
               limitation
               of
               the
               Land
               to
               a
               charitable
               use
               ,
               which
               shall
               not
               be
               avoided
               for
               want
               of
               circumstance
               of
               Law
               to
               make
               it
               good
               ;
               and
               also
               the
               
                 Lord
                 Keeper
              
               said
               ,
               that
               although
               the
               
                 Colledge
              
               was
               incorporated
               by
               another
               name
               then
               the
               Devise
               was
               to
               them
               ,
               and
               therefore
               might
               not
               be
               capable
               of
               it
               ,
               yet
               the
               Devise
               is
               good
               to
               them
               by
               the
               said
               Statute
               :
               also
               if
               the
               Heir
               avoyd
               the
               Estate
               tayl
               against
               the
               Wife
               at
               Law
               ,
               yet
               the
               remainder
               to
               the
               
                 Colledge
              
               shall
               
               stand
               good
               ,
               and
               be
               a
               remainder
               without
               a
               particular
               Estate
               ,
               which
               by
               rules
               of
               Law
               cannot
               be
               ,
               but
               these
               defects
               in
               cases
               of
               charitable
               uses
               are
               made
               good
               by
               that
               Statute
               ,
               by
               a
               benigne
               and
               favourable
               interpretation
               thereupon
               for
               maintenance
               of
               Charity
               ,
               as
               it
               is
               in
               other
               cases
               upon
               Statutes
               for
               Piety
               and
               Charity
               .
            
          
           
             
               13
               
                 Jacobi
                 Jesus
                 Colledge
              
               Case
               in
               Court
               of
               
                 Wards
              
               referred
               to
               the
               
                 Judges
                 .
              
            
             
               DOctor
               
                 Floyd
              
               seised
               of
               Lands
               
                 in
                 Capite
                 ,
              
               Deviseth
               them
               to
               
                 Jesus
                 Colledge
              
               in
               
                 Oxford
                 ,
              
               and
               their
               Successors
               ,
               to
               find
               a
               
                 Fellow
              
               there
               ,
               which
               should
               be
               of
               his
               blood
               and
               alliance
               ,
               and
               it
               was
               referred
               to
               the
               
                 Judges
                 ,
              
               Whether
               this
               Devise
               be
               good
               or
               no
               ,
               and
               they
               resolved
               and
               certified
               ,
               that
               by
               the
               Common
               Law
               and
               Statute
               of
               Wills
               ,
               the
               Devise
               was
               void
               ;
               for
               these
               Statutes
               enabled
               persons
               to
               Devise
               their
               Lands
               ,
               excepting
               to
               
                 Corporations
                 ,
              
               for
               that
               is
               Mortmain
               :
               also
               none
               can
               Devise
               all
               their
               
                 Capite
              
               Lands
               to
               any
               ,
               but
               must
               leave
               a
               third
               part
               to
               descend
               ,
               but
               they
               certified
               and
               resolved
               ,
               that
               although
               it
               be
               voyd
               by
               the
               Common
               
               Law
               ;
               yet
               the
               Statute
               of
               43.
               
                 Eliz.
              
               for
               
                 charitable
                 Vses
                 ,
              
               doth
               make
               this
               good
               ,
               as
               a
               limitation
               and
               an
               appointment
               ,
               and
               that
               it
               was
               good
               for
               all
               the
               Land
               :
               But
               if
               an
               Infant
               or
               Lunatick
               ,
               who
               by
               Law
               is
               disabled
               to
               make
               a
               Will
               or
               Devise
               of
               his
               Land
               ,
               do
               Devise
               his
               Land
               to
               a
               charitable
               use
               ,
               this
               is
               voyd
               and
               not
               made
               good
               by
               the
               Statute
               ,
               for
               want
               of
               a
               capacity
               to
               make
               a
               Will
               by
               Law
               .
            
          
           
             
               The
               Lord
               
                 Edward
                 Mountagues
              
               Case
               in
               the
               
                 Court
              
               of
               
                 Wards
                 .
                 17.
                 
                 Jac.
                 
              
            
             
               SIr
               
                 Walter
                 Mountague
              
               seised
               in
               Fee
               of
               
                 Capite
              
               Lands
               in
               
                 Hanging
                 Houghton
              
               in
               
                 Northamptonshire
                 ,
              
               conveys
               two
               parts
               of
               these
               lands
               unto
               uses
               limited
               within
               the
               Statute
               of
               32.
               and
               34.
               
                 H.
              
               8
               and
               by
               his
               Will
               deviseth
               the
               third
               part
               ,
               remaining
               in
               him
               ,
               for
               maintenance
               of
               a
               charitable
               use
               in
               
                 Wales
                 ,
              
               and
               upon
               a
               reference
               unto
               
                 Hobart
              
               and
               
                 Tanfield
                 ,
              
               they
               resolved
               ,
               this
               Devise
               to
               be
               voyd
               ,
               and
               was
               not
               aided
               by
               the
               Statute
               of
               43.
               
                 Eliz.
              
               for
               charitable
               uses
               ,
               for
               in
               the
               instant
               of
               his
               death
               ,
               the
               Lands
               descended
               to
               the
               Heir
               ,
               and
               the
               Devisor
               having
               disposed
               of
               two
               parts
               in
               his
               life
               ,
               according
               to
               the
               
               Statute
               of
               Wills
               ,
               he
               is
               disabled
               by
               the
               Common
               Law
               ,
               and
               those
               Statutes
               ,
               as
               owner
               of
               the
               Lands
               ,
               to
               Devise
               any
               part
               of
               his
               third
               part
               remaining
               :
               See
               Doctor
               
                 Floyds
              
               Case
               before
               in
               
                 Jesus
                 Colledge
              
               Case
               .
            
          
           
             
               
                 Seymor
              
               against
               the
               poor
               of
               
                 Twyford
                 .
              
               Trinity
               
                 1634.
                 
              
            
             
               MOney
               was
               given
               to
               charitable
               uses
               ,
               and
               detained
               a
               long
               time
               as
               concealed
               ,
               the
               Commissioners
               upon
               the
               said
               Statute
               ,
               Decreed
               the
               Money
               to
               be
               paid
               with
               interest
               ,
               after
               the
               rate
               of
               8
               
                 
                   l
                
                 per
                 cent
                 .
              
               and
               this
               Decree
               was
               confirmed
               by
               the
               
                 Lord
                 Keeper
                 .
              
               So
               in
               the
               Case
               of
               the
               Lady
               
                 Mountague
              
               of
               
                 Ilford
                 ,
              
               and
               the
               Inhabitants
               of
               
                 Barking
              
               in
               
                 Essex
                 ,
              
               Sir
               
                 Charles
                 Mountague
              
               her
               Husband
               ,
               gave
               by
               his
               Will
               10
               
                 
                   l
                
              
               to
               the
               poor
               of
               
                 Barking
                 ,
              
               and
               made
               his
               Wife
               Executrix
               ,
               and
               died
               ,
               she
               kept
               the
               Money
               above
               twelve
               years
               in
               her
               hands
               ,
               and
               the
               Commissioners
               Decreed
               her
               to
               pay
               20
               
                 
                   l
                
              
               for
               the
               detainig
               this
               Money
               ,
               for
               use
               and
               principall
               ,
               and
               the
               
                 Lord
                 Keeper
              
               Coventry
               confirmed
               this
               
                 Decree
              
               about
               12.
               
               
            
          
           
           
             
               The
               Poor
               of
               
                 East
                 Greenstead
              
               against
               
                 Howard
                 .
              
               8.
               
               
               &
               10.
               
            
             
               REsolved
               by
               the
               
                 Lord
                 Keeper
              
               upon
               Appeal
               ,
               to
               alter
               or
               confirm
               a
               
                 Decree
              
               made
               by
               Commissioners
               upon
               the
               Statute
               of
               
                 Charitable
                 Vses
                 ,
              
               the
               
                 Decree
              
               is
               not
               perpetuated
               ,
               and
               not
               to
               be
               altered
               ,
               but
               by
               Act
               of
               Parliament
               ,
               and
               is
               to
               remain
               in
               the
               
                 Pety
                 Bagg
                 ,
              
               and
               it
               is
               in
               his
               power
               to
               make
               a
               
                 Decree
              
               good
               where
               it
               is
               defective
               .
            
          
           
             
               
                 Hungate
              
               on
               the
               part
               of
               the
               
                 Inhabitants
              
               of
               
                 Sherborn
                 .
              
               3.
               
               
            
             
               A
               Debt
               owing
               by
               Statute
               ,
               Bond
               ,
               Judgement
               or
               Recognizance
               ,
               which
               in
               Law
               is
               a
               thing
               in
               action
               ,
               was
               given
               for
               the
               creation
               of
               a
               School
               ,
               and
               this
               was
               
                 Decreed
              
               to
               be
               a
               good
               appointment
               ,
               within
               the
               Statute
               ,
               to
               maintain
               a
               charitable
               Use
               .
            
          
           
           
             
               Steward
               
                 against
              
               Germyn
               .
               
                 41.
              
               Eliz.
               
            
             
               ONe
               having
               Lands
               and
               Goods
               ,
               appoints
               by
               his
               Will
               ,
               that
               the
               same
               shall
               be
               sold
               to
               maintain
               a
               charitable
               Use
               ,
               and
               doth
               not
               appoint
               by
               whom
               the
               sale
               shall
               be
               made
               ,
               the
               Commissioners
               do
               by
               their
               
                 Decree
                 ,
              
               appoint
               that
               
                 J.
                 S.
              
               shall
               sell
               these
               Lands
               and
               Goods
               ,
               and
               
                 Decree
              
               his
               sale
               to
               be
               good
               ,
               and
               that
               the
               money
               to
               be
               raised
               thereby
               ,
               shall
               be
               imployed
               to
               maintain
               the
               charitable
               Use
               ,
               according
               to
               the
               
                 Donors
              
               Will
               ,
               and
               this
               
                 Decree
              
               was
               confirmed
               by
               the
               
                 Lord
                 Keeper
              
               upon
               an
               Appeal
               to
               him
               .
            
          
           
             
               
                 Hellams
              
               Case
               .
               5.
               
               
                 Caroli
                 .
              
            
             
               A
               Devise
               was
               made
               of
               Lands
               to
               the
               Company
               of
               
                 Leather-sellers
              
               in
               
                 London
                 ,
              
               to
               maintain
               a
               charitable
               Use
               there
               ,
               upon
               a
               
                 Decree
              
               by
               Commissioners
               ,
               to
               settle
               the
               Lands
               upon
               the
               Company
               ,
               an
               Appeal
               was
               ,
               and
               exception
               taken
               ,
               for
               that
               the
               Company
               of
               
                 Leather-sellers
              
               was
               a
               Corporation
               ,
               and
               the
               Statutes
               of
               Wills
               doth
               except
               Devises
               of
               Land
               to
               a
               Corporation
               ,
               but
               the
               
                 Decree
              
               was
               confirmed
               ,
               there
               being
               many
               Presidents
               in
               it
               .
            
          
           
           
             
               The
               Schoole
               of
               
                 Rugby
              
               in
               the
               County
               of
               
                 Warwick
                 .
                 2.
                 
                 Caroli
                 .
              
            
             
               ONe
               seised
               in
               Fee
               of
               houses
               in
               
                 Grays-Inn
                 Lane
                 ,
                 London
                 ,
              
               gave
               these
               houses
               to
               certain
               persons
               in
               Trust
               ,
               to
               build
               a
               
                 School
              
               at
               
                 Rugby
              
               in
               the
               County
               of
               
                 Warwick
                 ,
              
               and
               upon
               breach
               of
               the
               Trust
               ,
               a
               Commission
               was
               taken
               out
               in
               
                 Warwickshire
                 ,
              
               to
               enquire
               of
               this
               Gift
               ,
               and
               by
               a
               Jury
               there
               ,
               the
               Gift
               and
               breach
               of
               Trust
               was
               found
               ,
               and
               a
               
                 Decree
              
               made
               by
               the
               Commissioners
               in
               that
               County
               ,
               to
               settle
               the
               lands
               according
               to
               the
               Donors
               Will
               ,
               and
               upon
               an
               Appeal
               ,
               the
               
                 Decree
              
               was
               reversed
               ,
               for
               the
               
                 Inquisition
              
               and
               
                 Decree
              
               was
               not
               made
               ,
               nor
               found
               by
               Jurors
               and
               Commissioners
               of
               the
               County
               where
               the
               Lands
               given
               to
               such
               uses
               do
               lie
               ;
               the
               words
               of
               the
               Statute
               be
               ,
               
                 To
                 enquire
                 by
                 the
                 oaths
                 of
                 twelve
                 men
                 ,
                 or
                 more
                 of
                 the
                 County
                 ,
                 of
                 such
                 gifts
                 ,
                 limitations
                 and
                 appointments
                 ,
                 and
                 of
                 the
                 breaches
                 of
                 Trust
                 of
                 such
                 Lands
                 and
                 Goods
                 ,
              
               &c.
               which
               is
               intended
               to
               be
               by
               Jury
               and
               Commissioners
               of
               that
               County
               where
               the
               Lands
               do
               lie
               .
            
          
           
           
             
               
                 Kensons
              
               Case
               .
               41.
               
                 Eliz.
                 
              
            
             
               REsolved
               that
               a
               Copyhold
               may
               be
               charged
               or
               given
               to
               a
               charitable
               use
               .
            
          
           
             
               
                 Wingfields
              
               Case
               .
               4.
               
                 Car.
                 
              
            
             
               MOney
               was
               given
               for
               the
               good
               of
               the
               Church
               of
               
                 Dulk
                 ,
              
               and
               this
               was
               resolved
               to
               be
               a
               good
               Gift
               ,
               notwithstanding
               these
               generall
               words
               .
            
          
           
             
               Goffe
               
                 cont.
              
               Webb
               .
               
                 44.
              
               Eliz.
               
            
             
               
                 HVnt
              
               seised
               in
               Fee
               of
               the
               Rectory
               of
               
                 Haynes
              
               in
               the
               County
               of
               
                 Wilts
                 ,
              
               Devised
               the
               same
               to
               be
               sold
               ,
               and
               the
               Money
               to
               be
               distributed
               unto
               twenty
               of
               the
               poor
               of
               his
               kindred
               ,
               and
               by
               
                 Egerton
              
               and
               
                 Popham
                 ,
              
               this
               was
               adjudged
               a
               good
               Devise
               ,
               notwithstanding
               it
               doth
               not
               appear
               that
               he
               had
               any
               poor
               ,
               kindred
               .
            
          
           
           
             
               Champion
               
                 contra
              
               Smith
               .
               
                 3.
                 
              
               Jacobi
               .
            
             
               
                 RIdley
                 ,
              
               seised
               of
               Copyhold
               land
               in
               
                 Barking
              
               in
               
                 Essex
                 ,
              
               did
               Devise
               the
               same
               to
               the
               Parson
               and
               Churchwardens
               of
               in
               
                 Thames-street
                 ,
                 London
                 ,
              
               to
               the
               end
               that
               they
               ,
               and
               four
               honest
               men
               of
               that
               Parish
               ,
               should
               sell
               this
               land
               ,
               and
               imploy
               the
               Money
               for
               the
               poor
               and
               charitable
               uses
               in
               that
               Parish
               .
               And
               upon
               an
               Appeal
               made
               ,
               it
               was
               objected
               ,
               that
               the
               Devise
               was
               void
               ,
               because
               the
               Parson
               and
               Churchwardens
               were
               not
               a
               Corporation
               to
               take
               lands
               out
               of
               
                 London
                 ,
              
               nor
               to
               sell
               it
               for
               such
               uses
               ,
               but
               it
               was
               Decreed
               ,
               that
               the
               Devise
               was
               good
               ,
               and
               that
               they
               had
               good
               authority
               to
               sell
               the
               same
               .
            
          
           
             
               Stoddard
               
                 20.
                 
              
               Jacobi
               .
            
             
               
                 SToddard
              
               Devised
               by
               parcell
               ,
               a
               yearly
               Rent
               of
               10
               
                 
                   l
                
                 per
                 ann.
              
               for
               ever
               out
               of
               his
               House
               ,
               called
               
                 The
                 Swan
                 ,
              
               with
               100
               Marks
               in
               the
               
                 Old
                 Jury
                 ,
                 London
                 ,
              
               for
               maintenance
               of
               two
               Schollars
               in
               
                 Oxford
              
               and
               
                 Cambridge
                 ,
              
               and
               willed
               ,
               that
               one
               
                 Hugh
              
               the
               Scrivener
               should
               put
               it
               into
               Writing
               ,
               which
               was
               done
               accordingly
               ,
               
               and
               this
               being
               found
               by
               Inquisition
               ,
               was
               Decreed
               ,
               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
               
                 Nuncupative
              
               Will
               was
               good
               ,
               to
               create
               the
               Rent
               to
               a
               charitable
               use
               ,
               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
               appointment
               .
            
          
           
             
               Mayor
               
                 and
              
               Burgesses
               
                 de
              
               Reading
               ,
               
                 contra
              
               Lane
               .
               
                 43.
              
               Eliz.
               
            
             
               A
               Devise
               was
               made
               to
               the
               poor
               people
               maintained
               in
               the
               
                 Hospitall
              
               of
               St.
               
                 Lawrence
              
               in
               
                 Reading
              
               for
               ever
               ;
               Exception
               was
               taken
               ,
               that
               the
               poor
               were
               not
               capable
               by
               that
               name
               ,
               for
               that
               they
               were
               no
               Corporation
               ,
               yet
               because
               the
               
                 Mayor
              
               and
               
                 Burgesses
              
               were
               capable
               to
               take
               Lands
               in
               Mortmain
               ,
               and
               they
               did
               govern
               the
               
                 Hospitall
                 ,
              
               it
               was
               Decreed
               ,
               that
               the
               Defendant
               
                 Lane
              
               should
               assure
               the
               Land
               to
               the
               
                 Mayor
              
               and
               
                 Burgesses
              
               for
               the
               maintenance
               of
               the
               said
               
                 Hospitall
                 .
              
            
          
           
           
             
               
                 Mayor
              
               of
               
                 Bristoll
              
               against
               
                 Whitton
                 .
              
               8.
               and
               9.
               
               
                 Caroli
                 .
              
            
             
               A
               Man
               Deviseth
               Mony
               to
               a
               charitable
               use
               ,
               to
               be
               bestowed
               amongst
               poor
               people
               ,
               and
               the
               other
               of
               his
               goods
               to
               be
               imployed
               for
               such
               uses
               as
               his
               Feoffees
               shall
               think
               fit
               .
               Resolved
               by
               the
               
                 Lord
                 Keeper
                 ,
              
               and
               the
               Certificate
               of
               two
               
                 Judges
                 ,
              
               that
               although
               
                 Bristoll
              
               be
               a
               Corporation
               ,
               yet
               the
               Devise
               to
               them
               is
               good
               .
            
          
           
             
               Fisher
               
                 against
              
               Hill
               .
               
                 10.
                 
              
               Jacob
               .
            
             
               WHen
               no
               use
               is
               mentioned
               or
               directed
               in
               a
               Deed
               ,
               it
               shall
               be
               Decreed
               to
               the
               use
               of
               the
               poor
               ,
               although
               the
               Feoffees
               be
               gentlemen
               living
               out
               of
               the
               Town
               ,
               and
               no
               Inhabitants
               within
               the
               Town
               .
            
          
           
             
               
                 Peacock
              
               against
               
                 Thewer
                 ,
              
               Mich.
               14.
               
               
                 Car.
                 
              
            
             
               LAnds
               are
               given
               to
               a
               charitable
               use
               ,
               if
               a
               Purchasor
               buys
               these
               lands
               ,
               not
               having
               notice
               of
               the
               charitable
               use
               ,
               it
               shall
               not
               bind
               
               the
               Purchasor
               ;
               but
               if
               a
               Rent
               be
               given
               out
               of
               lands
               to
               a
               charitable
               use
               ,
               and
               a
               Purchasor
               purchaseth
               the
               lands
               for
               money
               ,
               not
               having
               notice
               of
               the
               charitable
               use
               ,
               yet
               he
               shall
               pay
               the
               Rent
               ,
               for
               that
               he
               doth
               not
               purchase
               it
               ,
               but
               the
               land
               out
               of
               which
               the
               Rent
               issueth
               ,
               but
               he
               shall
               not
               pay
               any
               more
               arrerages
               of
               the
               Rent
               then
               what
               was
               encurred
               during
               his
               time
               of
               purchase
               ;
               but
               every
               occupier
               and
               owner
               must
               answer
               the
               arrerages
               for
               his
               own
               time
               .
               See
               before
               
                 Purkhursts
              
               Case
               ,
               and
               the
               Inhabitants
               of
               
                 Wood
              
               and
               
                 Barnard
                 Hides
              
               Case
               before
               .
            
          
           
             
               
                 2.
                 
              
               Caroli
               ,
               Pennyman
               
                 against
              
               Jennys
               .
            
             
               LAnds
               were
               given
               to
               Churchwardens
               of
               a
               Parish
               ,
               to
               a
               charitable
               use
               ,
               although
               the
               Devise
               be
               voyd
               in
               Law
               ,
               it
               was
               Decreed
               good
               in
               
                 Chancery
                 ,
              
               by
               the
               words
               ,
               
                 limited
              
               and
               
                 appointed
              
               within
               the
               Statute
               .
            
          
           
             
               Trin.
               15.
               
               
                 Car.
                 Pember
              
               against
               the
               
                 Inhabitants
              
               of
               
                 Knighton
                 .
              
            
             
               MOney
               was
               given
               to
               maintain
               a
               Preaching
               Minister
               ,
               this
               is
               no
               charitable
               use
               
               named
               in
               the
               Statute
               ,
               yet
               by
               the
               
                 Lord
                 Keeper
              
               and
               two
               
                 Judges
                 ,
              
               it
               was
               Decreed
               to
               be
               good
               ,
               and
               the
               use
               a
               charitable
               use
               ,
               within
               the
               Equity
               of
               that
               Statute
               ,
               and
               the
               Executor
               was
               ordered
               to
               pay
               that
               money
               to
               the
               charitable
               use
               for
               maintenance
               of
               it
               .
            
          
           
             
               Trin.
               15.
               
               
                 Car.
                 Peustred
              
               cont.
               
                 Panyer
                 .
              
            
             
               A
               Deviseth
               20
               
                 
                   l
                
                 per
                 ann.
              
               to
               a
               Preaching
               Minister
               ,
               and
               makes
               his
               wife
               Executrix
               ,
               and
               dyes
               ,
               leaving
               Lands
               and
               Assets
               in
               Goods
               ,
               the
               Executrix
               refuseth
               to
               buy
               Lands
               or
               a
               Rent
               of
               that
               value
               ,
               the
               
                 Lord
                 Keeper
                 ,
              
               and
               two
               
                 Judges
              
               Decree
               ,
               the
               Executrix
               to
               buy
               Lands
               to
               that
               value
               ,
               and
               to
               assure
               it
               for
               the
               charitable
               use
               .
            
          
           
             
               Trin.
               15.
               
               
                 Car.
                 Bramble
              
               against
               the
               poor
               of
               
                 Havering
                 .
              
            
             
               A
               Feme
               covert
               maketh
               a
               Will
               ,
               and
               deviseth
               30
               
                 
                   s
                
                 per
                 ann.
              
               out
               of
               some
               of
               her
               own
               Lands
               to
               a
               charitable
               use
               ;
               the
               Heir
               submits
               himself
               to
               an
               Award
               ,
               and
               is
               bound
               to
               perform
               it
               ;
               the
               Arbitrators
               do
               Award
               the
               
               payment
               of
               it
               :
               yet
               by
               Decree
               the
               Heir
               is
               discharged
               to
               pay
               it
               ,
               and
               that
               the
               Devise
               was
               voyd
               ,
               
                 ab
                 initio
                 ,
              
               so
               of
               an
               Infant
               ,
               and
               other
               persons
               disabled
               in
               Law
               to
               make
               a
               Will
               ,
               or
               to
               Devise
               Lands
               .
            
          
           
             
               
                 Mayor
              
               de
               
                 Londons
              
               Case
               .
            
             
               LAnds
               were
               Devised
               to
               the
               
                 Mayor
              
               and
               
                 Chamberlain
              
               of
               
                 London
                 ,
              
               to
               the
               use
               of
               the
               
                 Master
              
               and
               
                 Governors
              
               of
               the
               
                 Hospitall
              
               of
               St.
               
                 Bartholomew
                 ,
                 London
                 .
              
               Resolved
               ,
               that
               Devise
               is
               good
               ,
               although
               the
               Corporation
               be
               not
               incorporated
               by
               that
               name
               ,
               but
               by
               the
               name
               of
               
                 Mayor
                 and
                 Commonalty
                 ;
              
               for
               the
               intent
               of
               the
               Devisor
               shall
               be
               observed
               :
               and
               it
               appears
               that
               the
               Devisor
               intended
               to
               give
               it
               to
               the
               Corporation
               of
               
                 London
                 :
              
               Also
               the
               Will
               is
               ,
               To
               maintain
               an
               
                 Hospitall
                 ,
              
               which
               is
               a
               charitable
               use
               ,
               which
               the
               Law
               ought
               to
               favour
               .
            
          
           
             
               
                 Pauperes
              
               de
               
                 Chelmsford
                 ,
              
               &
               Sir
               
                 Henry
                 Mildmay
                 ,
              
               Minh
               .
               1649.
               
            
             
               KIng
               
                 Edward
              
               6.
               founded
               a
               Free-School
               in
               
                 Chelmsford
                 ,
              
               and
               made
               it
               a
               Corporation
               of
               Guardians
               ,
               Master
               and
               Usher
               ,
               and
               gave
               
               
                 Chantery
              
               to
               them
               and
               their
               successors
               ,
               to
               the
               value
               of
               300
               
                 
                   l
                
                 per
                 ann.
              
               at
               this
               day
               ,
               to
               maintain
               the
               
                 Master
                 ,
                 Vsher
                 ,
              
               and
               certain
               poor
               people
               in
               
                 Chelmesford
              
               and
               
                 Moulsham
                 ,
              
               and
               appointed
               ,
               that
               the
               Rents
               ,
               Issues
               ,
               and
               Profits
               of
               their
               lands
               should
               be
               imployed
               for
               their
               maintenance
               ,
               and
               not
               otherwise
               ;
               and
               appointed
               the
               Lord
               
                 Peter
                 ,
              
               and
               the
               Heirs
               males
               of
               his
               body
               ,
               Sir
               
                 Tho.
                 Mildmay
                 ,
              
               and
               the
               Heirs
               males
               of
               his
               body
               ,
               Sir
               
                 Jo.
                 Tirril
                 ,
              
               and
               the
               Heirs
               males
               of
               his
               body
               ,
               and
               Sir
               
                 Humfrey
                 Mildmay
                 ,
              
               and
               the
               Heirs
               mals
               of
               his
               body
               ,
               should
               be
               Governors
               of
               the
               said
               Free-School
               and
               Lands
               ;
               and
               that
               none
               under
               the
               degree
               of
               a
               Knight
               ,
               should
               be
               one
               of
               the
               Governors
               ,
               the
               Governors
               make
               Leases
               of
               the
               Lands
               at
               under
               values
               for
               Fines
               and
               small
               Rents
               ,
               according
               as
               they
               were
               at
               the
               first
               Foundation
               .
               The
               Commissioners
               Decree
               the
               Government
               and
               Ordering
               of
               the
               Lands
               to
               others
               ,
               by
               reason
               of
               their
               breach
               of
               Trust
               .
               Sir
               
                 Henry
                 Mildmay
              
               of
               
                 Moulsham
              
               neer
               
                 Chelmsford
                 ,
              
               being
               the
               chief
               man
               that
               received
               the
               Rents
               ,
               let
               the
               Leases
               ,
               and
               defrauded
               the
               Trust
               ,
               the
               rest
               of
               the
               Governors
               Heirs
               being
               within
               age
               ,
               or
               beyond
               the
               Seas
               ,
               put
               in
               Exception
               to
               the
               Decree
               .
               First
               ,
               that
               the
               Corporation
               had
               speciall
               Visitors
               appointed
               ,
               and
               so
               within
               the
               
                 Proviso
              
               of
               the
               Statute
               :
               Secondly
               ,
               for
               that
               the
               Decree
               is
               against
               the
               
               Founders
               intent
               ,
               who
               would
               have
               none
               under
               the
               degree
               of
               Knight
               to
               be
               a
               Governor
               ,
               to
               which
               was
               answered
               ,
               That
               when
               the
               Visitors
               break
               the
               Trust
               ,
               they
               may
               be
               questioned
               by
               Decree
               of
               the
               Commissioners
               ,
               as
               is
               the
               Case
               of
               the
               School
               of
               
                 Morpeth
                 ,
              
               and
               other
               Cases
               before
               cited
               .
               Thirdly
               ,
               that
               the
               generall
               intent
               was
               of
               
                 Edw.
              
               6.
               that
               the
               Profits
               of
               the
               Lands
               should
               be
               solely
               converted
               for
               the
               use
               of
               the
               School
               and
               poor
               ,
               and
               that
               the
               Visitors
               and
               their
               Heirs
               ,
               should
               make
               no
               profit
               of
               it
               ,
               and
               that
               of
               being
               a
               Knight
               ,
               was
               but
               for
               the
               Honour
               of
               the
               Family
               ,
               appointed
               Governors
               ,
               and
               they
               all
               being
               persons
               of
               great
               Possessions
               ,
               and
               living
               neer
               
                 Chelmsford
                 .
              
               But
               the
               Lords
               Commissioners
               reversed
               the
               Decree
               ,
               by
               reason
               of
               the
               
                 Proviso
              
               in
               the
               Statute
               ,
               and
               ordered
               that
               a
               Bill
               be
               exhibited
               against
               the
               now
               Visitors
               and
               Governors
               ,
               and
               that
               upon
               proof
               of
               their
               breach
               of
               Trust
               ,
               a
               course
               should
               be
               taken
               for
               relief
               of
               the
               School
               and
               Poor
               ,
               according
               to
               the
               intent
               of
               the
               Founder
               .
            
          
           
           
             
               The
               Case
               where
               a
               
                 Tenant
                 in
                 Capite
                 ,
              
               Devised
               all
               his
               Lands
               to
               a
               charitable
               Vse
               .
            
             
               TH.
               seised
               in
               Fee
               of
               the
               Mannor
               of
               
                 L.
              
               held
               in
               
                 Socage
                 ,
              
               and
               of
               54
               acres
               of
               Marshland
               ,
               held
               
                 in
                 Capite
                 ,
              
               deviseth
               all
               the
               
                 Socage-lands
              
               to
               
                 C.
                 Hospitall
              
               in
               
                 L.
              
               paying
               1000
               
                 
                   l
                
              
               after
               the
               death
               of
               
                 A.
              
               the
               wife
               of
               
                 T.
                 H.
              
               as
               she
               in
               her
               life
               time
               should
               appoint
               the
               same
               to
               be
               payd
               .
            
             
               Part
               of
               the
               
                 Socage-lands
              
               Devised
               to
               the
               
                 Hospitall
                 ,
              
               is
               by
               Commission
               of
               the
               Court
               of
               
                 Wards
                 ,
              
               set
               out
               to
               
                 N.
                 H.
              
               the
               Heir
               ,
               for
               his
               third
               part
               .
               
                 A.
                 H.
              
               dies
               ,
               and
               the
               
                 Hospitall
              
               pays
               the
               1000
               
                 
                   l
                
              
               The
               Commissioners
               for
               charitable
               uses
               have
               Decreed
               to
               the
               
                 Hospitall
                 ,
              
               all
               the
               
                 Socage
                 lands
              
               Devised
               to
               the
               use
               of
               the
               poor
               .
               This
               being
               the
               substance
               of
               the
               Case
               ,
               the
               questions
               hereupon
               arising
               upon
               the
               Appeal
               ,
               were
               :
               Whether
               the
               
                 Devise
              
               to
               the
               charitable
               uses
               be
               good
               ,
               and
               whether
               the
               Commissioners
               had
               power
               to
               decree
               the
               whole
               
                 Socage
                 lands
              
               devised
               ,
               or
               but
               two
               parts
               only
               .
               It
               was
               agreed
               that
               by
               the
               Statutes
               of
               32
               and
               34
               
                 Henry
              
               8.
               the
               
                 Devise
              
               is
               voyd
               for
               a
               third
               part
               .
               But
               it
               was
               insisted
               upon
               ,
               that
               although
               
               the
               
                 Devise
              
               be
               voyd
               for
               a
               third
               part
               by
               those
               Statutes
               ,
               yet
               this
               is
               such
               a
               limitation
               and
               appointment
               within
               the
               Statute
               of
               43.
               
                 Eliz.
              
               as
               doth
               well
               enable
               the
               Commissioners
               for
               charitable
               uses
               to
               
                 Decree
              
               the
               whole
               .
            
             
               First
               ,
               That
               it
               hath
               been
               generally
               held
               ,
               that
               the
               Statute
               of
               43.
               
                 Eliz.
              
               for
               charitable
               Uses
               ,
               doth
               supply
               all
               the
               defects
               of
               assurances
               where
               the
               
                 Donor
              
               is
               of
               a
               capacity
               to
               dispose
               ,
               and
               hath
               such
               an
               Estate
               as
               is
               any
               ways
               disposeable
               by
               him
               .
               And
               upon
               this
               ground
               it
               hath
               been
               held
               ,
               That
               if
               a
               Copyholder
               doth
               dispose
               of
               
                 Copyhold
                 lands
              
               to
               a
               charitable
               use
               ,
               without
               a
               Surrender
               ,
               or
               if
               Tenants
               in
               tayl
               do
               convey
               land
               to
               a
               charitable
               use
               without
               a
               Fine
               ,
               or
               if
               a
               reversion
               be
               granted
               without
               Attornment
               or
               Inrolment
               ,
               and
               divers
               other
               the
               like
               cases
               ;
               yet
               these
               defects
               are
               supplied
               by
               the
               Statute
               of
               43.
               
                 Eliz.
              
               because
               the
               
                 Donor
              
               had
               a
               disposing
               power
               of
               the
               Estate
               ,
               and
               this
               is
               a
               good
               limitation
               and
               appointment
               within
               this
               Statute
               :
               But
               it
               is
               true
               ,
               if
               an
               Infant
               ,
               Lunatick
               ,
               or
               any
               other
               person
               ,
               who
               hath
               not
               capacity
               to
               dispose
               an
               Estate
               ,
               shall
               grant
               to
               a
               charitable
               use
               ,
               this
               defect
               is
               not
               supplied
               by
               this
               Statute
               :
               and
               this
               difference
               is
               resolved
               in
               
                 Collisons
              
               Case
               ,
               15.
               
               
                 Jacob
                 .
              
               in
               the
               Lord
               
                 Hobarts
              
               Reports
               ,
               
                 folio
              
               136.
               
            
             
             
               Secondly
               ,
               the
               words
               of
               the
               Statute
               of
               43.
               
                 Eliz.
              
               are
               very
               considerable
               in
               this
               Case
               ,
               for
               although
               the
               Statute
               doth
               give
               power
               to
               the
               
                 Lord
                 Chancellor
                 ,
              
               or
               
                 Lord
                 Keeper
                 ,
              
               upon
               complaint
               to
               them
               made
               ,
               to
               adnull
               ,
               diminish
               ,
               alter
               ,
               or
               enlarge
               any
               
                 Decree
              
               made
               by
               the
               Commissioners
               for
               charitable
               uses
               :
               yet
               the
               same
               is
               with
               this
               limitation
               ,
               so
               far
               as
               may
               stand
               with
               Equity
               and
               good
               conscience
               ,
               according
               to
               the
               true
               intent
               and
               meaning
               of
               the
               
                 Donor
              
               and
               
                 Founder
              
               thereof
               .
            
             
               Whereby
               it
               doth
               appear
               ,
               that
               in
               all
               Gifts
               ,
               Appointments
               ,
               Limitations
               and
               Assignments
               within
               that
               Statute
               ,
               speciall
               regard
               is
               to
               be
               had
               to
               the
               intent
               of
               the
               
                 Donor
                 ,
              
               and
               this
               power
               of
               adnulling
               ,
               diminishing
               ,
               altering
               or
               enlarging
               
                 Decrees
              
               made
               by
               the
               Commissioners
               for
               charitable
               uses
               ,
               is
               appropriated
               solely
               to
               the
               
                 Lord
                 Choncellor
                 ,
              
               or
               
                 Lord
                 Keeper
                 ,
              
               and
               not
               to
               any
               other
               ,
               and
               to
               proceed
               therein
               according
               to
               Equity
               and
               good
               conscience
               .
            
             
               Thirdly
               ,
               the
               Case
               of
               
                 G.
                 L.
              
               Hillar
               .
               13.
               
               
                 Jac.
              
               reported
               by
               the
               
                 Lord
                 Hobart
                 ,
              
               fol.
               136.
               doth
               resolve
               the
               point
               in
               question
               :
               Where
               the
               Case
               being
               ,
               that
               
                 G.
                 L.
              
               being
               seised
               in
               Fee
               of
               lands
               in
               
                 Cardigan
                 ,
              
               1571.
               in
               
                 August
                 ,
              
               25.
               
                 Eliz.
                 Devised
              
               the
               same
               land
               to
               
                 A.
              
               his
               wife
               for
               life
               ,
               and
               after
               to
               
                 J.
              
               his
               daughter
               for
               life
               ,
               and
               after
               these
               lives
               ended
               ,
               to
               the
               
               principall
               Fellows
               and
               Schollars
               of
               
                 Jesus
                 Colledge
              
               in
               
                 Oxford
                 ,
              
               and
               their
               successors
               ,
               to
               find
               a
               Schollar
               of
               his
               Blood
               from
               time
               to
               time
               ,
               and
               dyed
               ,
               the
               lives
               ended
               ,
               
                 B.
                 L.
              
               the
               Heir
               of
               
                 G.
                 L.
              
               being
               the
               Kings
               VVard
               ,
               entred
               ,
               and
               upon
               a
               Case
               made
               hereof
               in
               the
               Court
               of
               
                 Wards
                 ,
              
               and
               by
               order
               of
               that
               Court
               ,
               brought
               to
               the
               
                 Lord
                 Hobard
                 ,
              
               then
               Chief
               Justice
               of
               the
               
                 Common
                 Pleas
                 ,
              
               and
               the
               Lord
               Chief
               Baron
               
                 Tanfield
              
               to
               be
               resolved
               of
               by
               them
               ,
               who
               agreed
               ,
               and
               so
               certified
               ,
               that
               the
               
                 Devise
              
               was
               void
               in
               Law
               ,
               because
               the
               Statute
               of
               Wills
               did
               not
               allow
               
                 Devises
              
               to
               Corporations
               in
               
                 Mortmain
                 ,
              
               yet
               they
               held
               it
               cleerly
               within
               the
               relief
               of
               the
               Statute
               of
               charitable
               Uses
               of
               43.
               
                 Eliz.
              
               under
               the
               words
               ,
               
                 limited
                 and
                 appointed
                 ,
              
               and
               so
               it
               was
               
                 Decreed
                 ,
              
               that
               the
               
                 Colledge
              
               should
               enjoy
               it
               against
               the
               Ward
               and
               his
               Heirs
               .
            
             
               The
               Case
               of
               
                 Collison
                 ,
              
               15.
               
               
                 Jac.
              
               Reported
               likewise
               by
               the
               
                 Lord
                 Hobard
                 ,
              
               fol.
               136.
               
               Resolved
               the
               point
               in
               question
               ,
               where
               the
               Case
               being
               ,
               That
               
                 Collison
                 ,
              
               15.
               
               
                 Hen.
              
               8.
               
               
                 Devised
              
               a
               House
               in
               
                 Etham
              
               in
               
                 Kent
                 ,
              
               to
               
                 L.
              
               his
               Wife
               for
               life
               ,
               and
               after
               her
               death
               ,
               made
               
                 J.
                 K.
              
               and
               others
               ,
               Feoffees
               (
               as
               he
               called
               them
               )
               in
               the
               said
               House
               ,
               to
               keep
               it
               in
               reparations
               ,
               and
               to
               bestow
               the
               rest
               of
               the
               profits
               upon
               the
               reparation
               of
               certain
               Highways
               there
               ,
               
                 Collison
              
               
               and
               his
               Wife
               died
               ,
               and
               the
               House
               descended
               to
               
                 O.
                 R.
              
               an
               Infant
               This
               Case
               being
               in
               
                 Chancerie
              
               between
               the
               Parishoners
               and
               
                 B.
              
               was
               referred
               by
               the
               Court
               to
               the
               Lord
               
                 Hobart
                 ,
              
               and
               the
               
                 Lord
                 Chief
                 Baron
                 Tanfield
                 ,
              
               who
               resolved
               it
               clearly
               ,
               that
               though
               the
               
                 Devise
              
               were
               utterly
               void
               ,
               yet
               it
               was
               within
               the
               relief
               of
               the
               Statute
               of
               43.
               
                 Eliz.
              
               within
               the
               words
               ,
               
                 limited
                 and
                 appointed
                 to
                 charitable
                 Vses
                 .
              
            
             
               This
               
                 Decree
              
               was
               lately
               confirmed
               by
               the
               Lords
               Commissioners
               ,
               Keepers
               of
               the
               Great
               Seal
               ,
               for
               that
               it
               fully
               appeared
               to
               them
               ,
               that
               it
               was
               the
               true
               intent
               and
               meaning
               of
               
                 A.
                 H.
              
               the
               
                 Donor
                 ,
              
               that
               all
               the
               lands
               in
               question
               should
               go
               to
               the
               
                 Hospitall
                 .
              
            
          
        
         
         
           
             Inquisitions
             .
          
           
             
               
               AN
               
                 Inquisition
              
               taken
               ,
               
                 &c.
                 
              
               Before
               ,
               
                 &c.
              
               By
               vertue
               of
               a
               Commission
               under
               the
               Great
               Seal
               of
               
                 England
                 ,
              
               bearing
               date
               at
               
                 Westminster
                 ,
              
               the
               6.
               day
               of
               
                 M.
              
               in
               the
               year
               of
               our
               Lord
               God
               ,
               1650.
               to
               them
               ,
               and
               divers
               other
               persons
               ,
               dwelling
               and
               inhabiting
               within
               the
               said
               County
               ,
               directed
               ,
               for
               the
               due
               execution
               of
               a
               Statute
               ,
               made
               in
               the
               high
               Court
               of
               Parliament
               ,
               holden
               the
               27.
               day
               of
               
                 O.
              
               in
               the
               43.
               year
               of
               the
               Reign
               of
               our
               late
               Soveraigne
               Lady
               ,
               Queen
               
                 Eliz.
                 
              
               Intituled
               ,
               
                 An
                 Act
                 to
                 redresse
                 the
                 misimployment
                 of
                 Lands
                 ,
                 Goods
                 ,
                 and
                 Stocks
                 of
                 Money
                 heretofore
                 given
                 to
                 charitable
                 Vses
                 ,
                 by
                 the
                 oaths
                 of
                 ,
              
               &c
               ,
               good
               and
               lawfull
               men
               of
               the
               said
               County
               of
               
                 D.
              
               who
               being
               sworn
               ,
               
                 &c.
              
               say
               upon
               their
               oath
               ,
               That
               
                 J.
                 T.
              
               late
               of
               
                 L.
              
               Merchant
               ,
               deceased
               ,
               was
               in
               his
               life
               time
               ,
               and
               at
               the
               time
               of
               his
               death
               ,
               possessed
               of
               a
               personall
               Estate
               of
               great
               value
               :
               And
               that
               the
               said
               
                 J.
                 T.
              
               did
               heretofore
               make
               his
               last
               Will
               and
               Testament
               ,
               bearing
               date
               the
               tenth
               day
               of
               
                 O.
              
               which
               was
               in
               the
               year
               of
               our
               Lord
               God
               ,
               1649.
               
               And
               by
               the
               same
               Will
               did
               nominate
               ,
               constitute
               ,
               and
               appoint
               
                 W.
                 L.
              
               of
               
                 T.
              
               
               and
               
                 T.
                 H.
              
               of
               
                 L.
              
               in
               the
               County
               of
               
                 C.
              
               Gent.
               the
               Executor
               of
               the
               said
               Will
               :
               And
               that
               afterwards
               the
               said
               
                 J.
                 T.
              
               did
               make
               a
               
                 Codicil
              
               which
               was
               annexed
               to
               his
               said
               last
               Will
               and
               Testament
               ,
               and
               which
               he
               did
               appoint
               to
               be
               part
               of
               his
               said
               Will
               :
               And
               that
               the
               said
               
                 J.
                 T.
              
               in
               and
               by
               the
               said
               
                 Codicil
                 ,
              
               did
               among
               other
               things
               ,
               make
               such
               recitall
               ,
               disposition
               ,
               limitation
               ,
               and
               appointment
               ,
               as
               followeth
               in
               these
               words
               ,
               
                 That
                 is
                 to
                 say
                 ,
              
               And
               whereas
               I
               have
               not
               finished
               the
               
                 Almshouses
              
               by
               me
               already
               begun
               ,
               and
               do
               intend
               that
               eight
               poor
               people
               of
               the
               said
               Parish
               of
               
                 M.
              
               shall
               be
               placed
               therein
               ,
               when
               finished
               ,
               and
               receive
               fifty
               shillings
               a
               piece
               yearly
               by
               quartery
               payments
               for
               their
               maintenance
               during
               their
               lives
               and
               purpose
               that
               the
               same
               shall
               be
               so
               continued
               and
               supplied
               for
               ever
               ,
               with
               poor
               people
               of
               that
               Parish
               ,
               and
               with
               that
               yearly
               maintenance
               .
               Now
               I
               
                 J.
                 T.
              
               Testator
               ,
               named
               in
               the
               said
               Will
               ,
               do
               hereby
               will
               and
               appoint
               mine
               Executors
               ,
               
                 W.
                 L.
              
               and
               
                 T.
                 H.
              
               in
               my
               said
               Will
               ,
               named
               ,
               to
               finish
               the
               said
               
                 Almshouses
              
               with
               all
               speed
               ,
               out
               of
               the
               surpluss
               of
               my
               Estate
               not
               disposed
               by
               the
               said
               Will
               ,
               nor
               by
               this
               
                 Codicil
                 ,
              
               and
               likewise
               therewith
               to
               purchase
               so
               much
               Freehold
               land
               in
               fee
               simple
               ,
               and
               settle
               &
               assure
               the
               same
               upon
               Feoffees
               for
               the
               maintenance
               of
               eight
               poor
               people
               of
               
                 M.
              
               Parish
               aforesaid
               
               for
               ever
               ,
               to
               be
               placed
               in
               the
               said
               
                 Almshouses
                 ,
              
               at
               
                 M.
              
               aforesaid
               ,
               as
               shall
               be
               convenient
               .
               And
               the
               Jurors
               aforesaid
               do
               further
               say
               upon
               their
               oaths
               ,
               That
               the
               said
               
                 J.
                 T.
              
               afterwards
               ,
               
                 that
                 is
                 to
                 say
                 ,
              
               on
               the
               22th
               day
               of
               
                 D.
              
               died
               .
               And
               that
               the
               said
               
                 W.
                 L.
              
               and
               
                 T.
                 H.
              
               proved
               the
               said
               Will
               and
               
                 Codicil
              
               of
               the
               said
               
                 J.
                 T.
              
               and
               took
               upon
               them
               the
               execution
               thereof
               :
               And
               that
               they
               the
               said
               
                 W.
                 L.
              
               and
               
                 T.
                 H.
              
               after
               the
               death
               of
               the
               said
               
                 J.
                 T.
              
               did
               finish
               the
               building
               of
               the
               said
               
                 Almshouses
              
               before
               mentioned
               ,
               out
               of
               the
               Estate
               of
               the
               said
               
                 J.
                 T.
              
               And
               that
               the
               said
               
                 T.
                 H.
              
               did
               place
               eight
               poor
               people
               in
               the
               said
               
                 Almshouses
              
               there
               :
               But
               the
               Jurors
               aforesaid
               do
               likewise
               say
               upon
               their
               oaths
               ,
               That
               the
               said
               
                 W.
                 L.
              
               and
               
                 T.
                 H.
              
               in
               the
               said
               Will
               of
               the
               said
               
                 J.
                 T.
              
               named
               ,
               have
               not
               ,
               nor
               either
               of
               them
               ,
               hath
               out
               of
               the
               Estate
               of
               the
               said
               
                 J.
                 T.
              
               (
               appointed
               or
               limited
               for
               that
               purpose
               ,
               or
               otherwise
               )
               as
               yet
               purchased
               ,
               settled
               ,
               or
               assured
               Freehold
               Land
               in
               Fee
               simple
               ,
               of
               the
               clear
               yeary
               value
               of
               20
               
                 
                   l
                
              
               by
               the
               year
               ,
               as
               by
               the
               said
               Will
               and
               
                 Codicil
              
               is
               intended
               and
               appointed
               upon
               Feoffees
               or
               Trustees
               for
               the
               maintenance
               of
               eight
               poor
               people
               of
               
                 M.
              
               aforesaid
               for
               ever
               ;
               placed
               ,
               and
               to
               be
               placed
               in
               the
               said
               
                 Almshouses
                 ,
              
               as
               by
               the
               said
               
                 Codicil
              
               is
               directed
               ,
               limited
               and
               appointed
               ;
               And
               that
               in
               further
               breach
               of
               the
               Trust
               in
               them
               ,
               the
               said
               
               
                 W.
                 L.
              
               and
               
                 T.
                 H.
              
               reposed
               in
               and
               by
               the
               said
               Will
               and
               
                 Codicil
                 .
              
               They
               the
               said
               
                 W.
                 L.
              
               and
               
                 T.
                 H.
              
               have
               not
               paid
               unto
               the
               poor
               people
               formerly
               placed
               in
               the
               said
               
                 Almshouses
                 ,
              
               and
               now
               remaining
               there
               ,
               namely
               
                 A
                 B.
              
               &c.
               their
               severall
               and
               respective
               yearly
               allowances
               of
               50
               
                 
                   s
                
              
               the
               year
               ,
               appointed
               them
               by
               the
               said
               ,
               
                 J.
                 T.
              
               as
               aforesaid
               by
               the
               space
               of
               two
               years
               ,
               ending
               at
               the
               Feast
               of
               the
               
                 Annunciation
              
               of
               the
               blessed
               Virgin
               
                 Mary
              
               last
               past
               ,
               amounting
               in
               all
               ,
               to
               the
               summ
               of
               20
               
                 
                   l
                
              
               but
               do
               detain
               and
               withhold
               the
               same
               money
               from
               them
               the
               said
               poor
               people
               .
               And
               the
               said
               Jurors
               do
               further
               say
               upon
               their
               oaths
               ,
               That
               the
               said
               
                 W.
                 L.
              
               and
               
                 T.
                 H.
              
               have
               Assets
               of
               the
               said
               
                 J.
                 T.
              
               in
               their
               hands
               (
               of
               the
               surpluss
               of
               his
               Estate
               not
               disposed
               of
               by
               his
               said
               Will
               and
               
                 Codicil
              
               )
               sufficient
               to
               purchase
               so
               much
               Freehold
               land
               in
               Fee
               simple
               ,
               as
               may
               be
               convenient
               for
               the
               maintenance
               of
               eight
               poor
               people
               ,
               placed
               and
               to
               be
               placed
               in
               the
               said
               
                 Almshouses
              
               in
               such
               manner
               as
               the
               said
               
                 J.
                 T.
              
               hath
               in
               and
               by
               his
               said
               Will
               and
               
                 Codicil
              
               willed
               ,
               directed
               ,
               limited
               and
               appointed
               .
               In
               Witnesse
               ,
               
                 &c.
                 
              
            
          
           
           
             
               
               AT
               
                 S.
              
               in
               the
               said
               County
               ,
               the
               19.
               day
               of
               
                 J.
              
               in
               11.
               year
               of
               the
               Reign
               of
               our
               Soveraign
               Lord
               ,
               
                 Charles
                 ,
              
               by
               the
               Grace
               of
               God
               ,
               King
               of
               
                 England
                 ,
                 Scotland
                 ,
                 France
              
               and
               
                 Ireland
                 ,
              
               Defender
               of
               the
               Faith
               ,
               
                 &c.
                 
              
            
             
               Whereas
               a
               Commission
               under
               the
               Great
               Seal
               of
               
                 England
                 ,
              
               bearing
               date
               at
               
                 West
                 .
              
               the
               8.
               day
               of
               
                 Febr.
              
               last
               ,
               hath
               been
               directed
               amongst
               others
               ,
               to
               Sir
               
                 W.R.
                 
              
               Knt.
               
                 &c.
              
               and
               to
               divers
               other
               persons
               ,
               dwelling
               and
               inhabiting
               within
               the
               said
               County
               ,
               authorizing
               them
               ,
               or
               any
               four
               or
               more
               of
               them
               ,
               to
               enquire
               ,
               as
               well
               by
               the
               oaths
               of
               twelve
               good
               and
               lawfull
               men
               ,
               or
               more
               of
               the
               said
               County
               ,
               as
               by
               other
               good
               and
               lawfull
               ways
               and
               means
               of
               all
               and
               singular
               Lands
               ,
               Tenements
               ,
               Rents
               ,
               Annuities
               ,
               Profits
               ,
               Goods
               ,
               Chattels
               ,
               Money
               and
               stocks
               of
               Money
               heretofore
               given
               ,
               limited
               ,
               appointed
               and
               assigned
               by
               any
               well
               disposed
               person
               ,
               to
               or
               for
               any
               the
               charitable
               and
               godly
               uses
               in
               the
               said
               Commission
               mentioned
               within
               the
               said
               County
               .
               And
               of
               the
               abuses
               ,
               breaches
               of
               Trusts
               ,
               negligences
               ,
               misimployments
               ,
               not
               imploying
               ,
               concealing
               ,
               defrauding
               ,
               misconverting
               or
               misgovernment
               of
               the
               said
               Lands
               ,
               Tenements
               ,
               Rents
               ,
               Annuities
               ,
               and
               other
               things
               ;
               and
               for
               the
               setting
               down
               such
               Orders
               ,
               Judgements
               ,
               and
               Decrees
               ,
               
               as
               that
               the
               same
               Lands
               ,
               Tenements
               ,
               Rents
               ,
               Annuities
               ,
               Profits
               ,
               Goods
               ,
               Chattels
               ,
               Money
               ,
               and
               Stocks
               of
               Money
               ,
               may
               be
               duly
               and
               faithfully
               imployed
               ,
               to
               and
               for
               the
               charitable
               Use
               and
               Intents
               for
               which
               they
               were
               given
               ,
               limited
               ,
               assigned
               ,
               or
               appointed
               by
               the
               
                 Donors
              
               and
               
                 Founders
              
               thereof
               ,
               according
               to
               a
               Statute
               made
               in
               the
               43.
               year
               of
               the
               Reign
               of
               the
               late
               Queen
               
                 Elizabeth
                 ,
              
               intituled
               ,
               
                 An
                 Act
                 to
                 Redresse
                 the
                 Misimployments
                 of
                 Lands
                 ,
                 Goods
                 and
                 Stocks
                 of
                 Money
                 given
                 to
                 charitable
                 Vses
                 .
              
               And
               whereas
               the
               said
               Sir
               
                 W.
                 R.
              
               &c.
               being
               seven
               of
               the
               Commissioners
               named
               and
               authorized
               ,
               in
               and
               by
               the
               said
               Commission
               ,
               meeting
               for
               the
               execution
               of
               the
               said
               Commission
               ,
               at
               the
               day
               and
               place
               aforesaid
               ,
               it
               was
               then
               and
               there
               found
               by
               the
               oaths
               of
               
                 F.
                 M.
                 J.
                 B.
              
               &c.
               good
               and
               lawfull
               men
               of
               the
               said
               County
               ,
               duly
               summoned
               ,
               impannelled
               ,
               and
               sworn
               ,
               according
               to
               the
               said
               Statute
               and
               Commission
               ,
               that
               
                 A.
                 B.
              
               &c.
               and
               
                 J.
              
               his
               wife
               ,
               by
               their
               Writing
               under
               their
               Seals
               ,
               bearing
               date
               the
               20
               day
               of
               
                 J.
              
               in
               the
               fifth
               year
               of
               the
               Reign
               of
               the
               said
               Queen
               ;
               and
               by
               and
               according
               to
               a
               Grant
               and
               License
               from
               the
               said
               Queen
               duly
               obtained
               ,
               did
               Found
               ,
               Erect
               ,
               and
               incorporate
               a
               Free
               School
               in
               
                 C.
              
               by
               the
               name
               of
               the
               
                 School-Master
              
               and
               
                 Guardians
              
               of
               the
               Lands
               ,
               Tenements
               and
               possessions
               of
               
               the
               
                 Grammar-School
              
               of
               
                 A.
                 B.
              
               
                 Esq
              
               in
               
                 C.
              
               in
               the
               County
               of
               
                 D.
              
               and
               did
               name
               and
               appoint
               
                 G.
                 H.
              
               Presbyter
               ,
               
                 School-master
                 ,
              
               and
               
                 A.
                 B.
              
               and
               
                 C.
                 D.
              
               Guardians
               of
               the
               said
               Lands
               ,
               Tenements
               ,
               and
               Possessions
               ,
               who
               by
               vertue
               thereof
               were
               
                 School-master
              
               and
               
                 Guardians
              
               of
               the
               Lands
               ,
               Tenements
               ,
               and
               Possessions
               of
               the
               said
               
                 Grammar-School
                 ,
              
               and
               became
               and
               were
               one
               body
               Corporate
               and
               politick
               ,
               both
               in
               name
               &
               thing
               :
               And
               that
               the
               said
               
                 School
              
               being
               so
               erected
               ,
               founded
               and
               established
               ,
               and
               the
               
                 School-master
              
               thereof
               ,
               and
               the
               
                 Guardians
              
               of
               the
               Lands
               ,
               Tenements
               and
               Possessions
               of
               the
               same
               
                 School
              
               being
               a
               body
               Corporate
               and
               Politick
               ,
               as
               aforesaid
               ,
               the
               said
               
                 A.
                 B.
              
               did
               make
               his
               last
               Will
               and
               Testament
               in
               Writing
               ,
               bearing
               date
               ,
               
                 &c.
              
               and
               by
               the
               same
               his
               said
               last
               Will
               ,
               according
               to
               the
               license
               of
               the
               said
               Queen
               in
               that
               behalf
               granted
               ,
               did
               (
               among
               other
               things
               )
               give
               and
               bequeath
               to
               
                 J.
                 G.
              
               the
               Mannor
               of
               
                 D.
              
               with
               the
               Appurtenances
               ,
               in
               the
               said
               County
               of
               
                 D.
              
               for
               the
               term
               of
               21.
               years
               ,
               paying
               yearly
               ,
               during
               the
               said
               term
               ,
               the
               Rent
               of
               20
               
                 
                   l
                
              
               And
               that
               the
               said
               
                 A.
                 B.
              
               by
               the
               same
               his
               said
               Will
               ,
               did
               give
               and
               bequeath
               the
               Reversion
               and
               Remainder
               thereof
               ,
               with
               the
               said
               Rent
               ,
               to
               the
               said
               
                 School-master
              
               and
               
                 Guardians
                 ,
              
               To
               have
               and
               to
               hold
               the
               said
               Mannor
               and
               the
               said
               Rent
               and
               the
               Reversion
               thereof
               to
               them
               and
               their
               successors
               
               for
               ever
               ,
               to
               the
               intent
               that
               with
               the
               Issues
               and
               Profits
               thereof
               ,
               they
               should
               find
               six
               poor
               folks
               in
               
                 S.
              
               in
               such
               manner
               as
               by
               him
               or
               his
               Executors
               should
               be
               appointed
               .
               And
               that
               afterwards
               ,
               in
               the
               Term
               of
               
                 Easter
                 ,
                 viz.
              
               On
               
                 Wednesday
                 ,
              
               being
               the
               third
               day
               of
               
                 May
                 ,
              
               in
               the
               twentieth
               year
               of
               the
               Reign
               of
               our
               said
               late
               Soveraign
               Lady
               ,
               Queen
               
                 Eliz.
                 
              
               It
               was
               (
               among
               other
               things
               )
               by
               the
               Right
               Honorable
               ,
               Sir
               
                 N.
                 B.
              
               Knight
               ,
               then
               
                 Lord
                 Keeper
              
               of
               the
               Great
               Seal
               of
               
                 England
                 ,
              
               and
               her
               Majesties
               Court
               of
               
                 Chancery
              
               (
               by
               the
               assent
               and
               consent
               of
               
                 W.
                 B.
              
               
                 Esq
              
               Cosin
               and
               Heir
               to
               the
               said
               
                 A.
                 B.
              
               Patron
               of
               the
               said
               
                 Grammar-School
              
               )
               Ordered
               ,
               adjudged
               and
               Decreed
               ,
               That
               the
               Statutes
               ,
               Ordinances
               and
               Constitutions
               of
               and
               for
               the
               said
               
                 Grammar-School
                 ;
              
               and
               of
               and
               for
               the
               relief
               of
               certain
               poor
               people
               within
               the
               Parish
               of
               
                 S.
              
               aforesaid
               ,
               of
               the
               foundation
               of
               the
               said
               
                 A.
                 B.
              
               and
               Dame
               
                 J.
              
               his
               wife
               ,
               should
               be
               made
               and
               ordered
               by
               the
               appointment
               of
               
                 E.
              
               then
               Bishop
               of
               
                 Exeter
                 ,
              
               or
               of
               his
               Successors
               ,
               and
               of
               
                 A.
                 N.
              
               then
               Dean
               of
               the
               
                 Cathedrall
                 Church
              
               of
               St.
               
               
                 P.
              
               in
               
                 E.
              
               or
               his
               Successors
               ,
               and
               of
               the
               said
               
                 W.
                 B.
              
               or
               his
               Heirs
               ,
               and
               that
               
                 G.
              
               late
               Bishop
               of
               
                 E.
              
               Successor
               to
               the
               said
               
                 E.
              
               Bishop
               of
               
                 London
                 ,
              
               or
               
                 A.
                 B.
              
               of
               
                 S.
              
               aforesaid
               Knight
               ,
               Cosin
               and
               Heir
               to
               the
               said
               
                 A.
                 B.
              
               deceased
               ,
               and
               Cosin
               and
               Heir
               to
               the
               said
               
                 W.
                 B.
              
               Esquire
               ,
               and
               Patron
               of
               the
               said
               
                 Grammar-School
                 ,
              
               and
               
                 J.
                 D.
              
               
               Dean
               of
               the
               said
               
                 Cathedral
                 Church
              
               of
               St.
               
               
                 P.
              
               in
               
                 E.
              
               by
               a
               certain
               Writing
               indented
               ,
               bearing
               date
               the
               8.
               day
               of
               
                 J.
              
               in
               the
               tenth
               year
               of
               the
               Reign
               of
               our
               late
               Soveraign
               Lord
               ,
               King
               
                 James
              
               over
               this
               Realm
               of
               
                 England
                 ,
                 An.
                 
                 Dom.
              
               1612.
               did
               in
               performance
               of
               the
               said
               
                 Decree
                 ,
              
               make
               ,
               ordain
               ,
               publish
               ,
               and
               declare
               ,
               divers
               Statutes
               ,
               Ordinances
               ,
               and
               Constitutions
               concerning
               the
               said
               
                 Grammar-School
                 ,
              
               the
               
                 School-master
                 ,
              
               Guardians
               ,
               and
               Possessions
               of
               the
               same
               ,
               and
               that
               they
               the
               said
               
                 G.
              
               Bishop
               of
               
                 E.
              
               Sir
               
                 A.
                 B.
              
               the
               Heir
               of
               
                 J.
                 D.
              
               Dean
               of
               St.
               
               
                 P.
              
               did
               in
               and
               by
               the
               said
               Writing
               indented
               ,
               amongst
               other
               things
               ,
               by
               vertue
               of
               the
               said
               
                 Decree
              
               in
               particular
               ,
               make
               ,
               ordain
               ,
               publish
               and
               declare
               ,
               certain
               Ordinances
               and
               Constitutions
               concerning
               the
               Lands
               ,
               Tenements
               and
               Possessions
               of
               the
               said
               
                 School
                 ,
              
               in
               these
               words
               following
               :
               1.
               
               
                 Item
                 ,
              
               All
               Leases
               to
               be
               made
               by
               the
               said
               Corporation
               of
               any
               their
               Lands
               ,
               Tenements
               ,
               or
               Hereditaments
               ,
               being
               in
               the
               hands
               of
               any
               Farmer
               or
               Farmers
               ,
               by
               vertue
               of
               any
               old
               or
               former
               Lease
               for
               years
               ,
               shall
               be
               utterly
               void
               ,
               unlesse
               the
               same
               old
               or
               former
               Lease
               for
               years
               be
               within
               14.
               years
               expiration
               of
               the
               said
               years
               by
               effluction
               of
               time
               at
               the
               making
               of
               the
               said
               new
               Lease
               ,
               and
               be
               surrendered
               within
               one
               year
               next
               after
               the
               making
               of
               the
               same
               Lease
               .
               2.
               
               
                 Item
                 ,
              
               The
               said
               Corporation
               shall
               do
               their
               
               best
               endeavour
               for
               the
               preservation
               and
               advancement
               of
               their
               Possessions
               ,
               Rents
               and
               Revenues
               ,
               without
               making
               or
               consenting
               to
               any
               disherison
               to
               be
               had
               or
               made
               to
               the
               said
               Corporation
               in
               any
               thing
               .
               3.
               
               
                 Item
                 ,
              
               The
               said
               
                 School-master
              
               and
               Guardians
               shall
               not
               have
               any
               power
               to
               do
               or
               suffer
               any
               act
               to
               the
               disherison
               of
               the
               said
               Corporation
               ,
               without
               the
               consent
               of
               the
               Bishop
               of
               
                 E.
              
               and
               of
               the
               Patron
               for
               the
               time
               being
               :
               And
               that
               
                 G.
                 H.
              
               late
               
                 School
                 master
              
               of
               the
               said
               
                 Grammar-School
                 ,
              
               and
               
                 J.
                 W.
              
               and
               
                 W.
                 C.
              
               late
               Guardians
               of
               the
               Lands
               ,
               Tenements
               and
               Possessions
               of
               the
               same
               
                 School
                 ,
              
               by
               a
               certain
               Deed
               indented
               ,
               written
               in
               Parliament
               ,
               and
               sealed
               with
               the
               common
               Seal
               of
               the
               said
               Corporation
               ,
               bearing
               date
               the
               10.
               day
               of
               
                 J.
              
               in
               the
               second
               year
               of
               the
               Reign
               of
               his
               Majesty
               that
               now
               is
               ,
               did
               with
               one
               assent
               and
               consent
               ,
               Demise
               ,
               Grant
               ,
               betake
               ,
               and
               to
               Farm
               let
               unto
               one
               
                 F.
                 R.
              
               late
               of
               
                 L.
              
               Gent.
               his
               Executors
               and
               Assignes
               the
               said
               Mannor
               of
               
                 D.
              
               with
               the
               Appurtenances
               thereunto
               belonging
               ,
               for
               the
               term
               of
               one
               and
               twenty
               years
               ,
               to
               commence
               from
               the
               Feast
               day
               of
               the
               birth
               of
               our
               Lord
               God
               then
               last
               past
               before
               the
               date
               of
               the
               same
               Indenture
               of
               Demise
               ,
               at
               ,
               for
               ,
               and
               under
               the
               yearly
               Rent
               of
               20
               
                 
                   l
                
              
               of
               lawfull
               money
               of
               
                 England
                 :
              
               And
               the
               said
               
                 T.
                 W.
              
               late
               
                 School-master
              
               of
               the
               said
               
                 Grammar-School
                 ,
              
               
               Successor
               to
               the
               said
               
                 G.
                 H.
              
               and
               
                 J.
                 F.
              
               and
               
                 G.
                 O.
              
               Guardians
               of
               the
               Lands
               ,
               Tenements
               ,
               and
               Possessions
               of
               the
               same
               
                 School
              
               by
               a
               certain
               Indenture
               ,
               bearing
               date
               the
               8.
               day
               of
               
                 N.
              
               in
               the
               13.
               year
               of
               his
               now
               Majesties
               Reign
               ,
               reciting
               the
               said
               former
               Lease
               so
               made
               to
               the
               said
               
                 F.
                 R.
              
               as
               aforesaid
               ,
               did
               Demise
               ,
               Grant
               ,
               set
               and
               to
               Farm
               let
               ,
               unto
               
                 H.
                 J.
              
               late
               of
               
                 P.
              
               in
               the
               said
               County
               of
               
                 D.
              
               Esquire
               ,
               his
               Executors
               and
               Assignes
               ,
               all
               that
               the
               aforesaid
               Mannor
               of
               
                 D.
              
               with
               the
               Appurtenances
               ,
               together
               with
               all
               the
               Lands
               ,
               
                 &c.
              
               thereunto
               belonging
               ,
               To
               have
               and
               to
               hold
               the
               said
               Mannor
               and
               Premisses
               to
               the
               said
               
                 H.
                 J.
              
               his
               Executors
               .
               Administrators
               and
               Assignes
               ,
               from
               the
               end
               and
               expiration
               of
               the
               said
               first
               mentioned
               Indenture
               of
               Lease
               ,
               
                 That
                 is
                 to
                 say
                 ,
              
               from
               the
               Feast
               of
               the
               Birth
               of
               our
               Lord
               God
               ,
               which
               shall
               be
               in
               the
               year
               of
               our
               Lord
               God
               ,
               1642.
               unto
               the
               end
               and
               term
               of
               one
               and
               twenty
               years
               from
               thence
               forth
               ,
               next
               and
               immediately
               ensuing
               ,
               and
               fully
               to
               be
               compleat
               and
               ended
               ,
               for
               and
               under
               the
               yearly
               Rent
               of
               50
               
                 
                   l
                
              
               of
               lawfull
               money
               of
               
                 England
                 ;
              
               and
               that
               the
               same
               last
               mentioned
               Lease
               or
               Demise
               was
               allowed
               of
               by
               
                 P.
                 L.
              
               and
               Dame
               
                 E.
                 B.
              
               his
               Wife
               ,
               as
               Patrons
               of
               the
               same
               
                 School
                 :
              
               And
               that
               the
               said
               old
               or
               former
               Lease
               made
               and
               granted
               of
               the
               said
               Mannor
               of
               
                 D.
              
               and
               Premisses
               ,
               with
               the
               Appurtenances
               
               by
               the
               said
               
                 J.
                 H.
              
               precedent
               
                 School-master
                 ,
              
               and
               the
               said
               
                 T.
                 C.
                 J.
                 W.
              
               and
               
                 W.
                 C.
              
               to
               the
               said
               
                 F.
                 R
              
               as
               aforesaid
               ,
               was
               not
               within
               14.
               years
               of
               expiration
               of
               the
               years
               thereby
               granted
               by
               effluction
               of
               time
               at
               the
               making
               of
               the
               said
               new
               Lease
               by
               the
               said
               
                 T.
                 C.
                 J.
                 W.
              
               and
               
                 G.
                 G.
              
               to
               the
               said
               
                 H.
                 J.
              
               as
               aforesaid
               ,
               neither
               was
               the
               same
               old
               or
               former
               Lease
               so
               made
               and
               granted
               to
               the
               said
               
                 F.
                 R.
              
               by
               the
               said
               
                 J.
                 H.
              
               and
               
                 J.
                 B.
              
               as
               aforesaid
               ,
               surrendred
               or
               otherwise
               avoided
               within
               one
               year
               next
               after
               the
               making
               of
               the
               said
               new
               Lease
               to
               the
               said
               
                 H.
                 J.
              
               nor
               at
               any
               time
               sithence
               .
               And
               that
               the
               said
               Mannor
               of
               
                 D.
              
               yet
               is
               ,
               and
               at
               the
               time
               of
               the
               making
               of
               the
               said
               Lease
               to
               the
               said
               
                 H.
                 J.
              
               was
               worth
               60
               
                 
                   l
                
              
               of
               lawfull
               money
               of
               
                 England
                 ,
                 per
                 ann.
              
               And
               that
               the
               said
               
                 T.
                 C.
              
               is
               dead
               ,
               and
               that
               
                 T.
                 O.
              
               Presbyter
               ,
               is
               now
               
                 School-master
              
               of
               the
               same
               
                 Grammar-School
              
               of
               the
               said
               
                 A.
                 B.
              
               
                 Esq
              
               in
               
                 D.
              
               aforesaid
               :
               And
               that
               neither
               the
               said
               
                 A.
                 B.
              
               nor
               
                 J.
              
               his
               Wife
               made
               any
               direction
               ,
               otherwise
               then
               as
               aforesaid
               ,
               touching
               the
               Issues
               and
               Profits
               of
               the
               said
               Mannor
               ,
               as
               by
               the
               said
               Inquisition
               hereunto
               annexed
               ,
               relation
               being
               thereunto
               had
               more
               at
               large
               ,
               it
               doth
               and
               may
               appear
               .
               Now
               ,
               for
               as
               much
               as
               it
               appeareth
               by
               the
               Inquisition
               before
               recited
               ,
               That
               by
               the
               Statutes
               ,
               Ordinances
               and
               Constitutions
               concerning
               the
               
                 Grammar-School
              
               before
               mentioned
               ,
               
               and
               the
               Lands
               ,
               Tenements
               ,
               and
               Possessions
               thereof
               :
               All
               Leases
               made
               by
               the
               said
               Corporation
               of
               any
               their
               Lands
               ,
               Tenements
               ,
               or
               Hereditaments
               ,
               being
               in
               the
               hands
               of
               any
               Farmer
               or
               Farmers
               ,
               by
               vertue
               of
               any
               old
               or
               former
               Lease
               for
               years
               ,
               shall
               be
               utterly
               voyd
               ,
               unlesse
               the
               same
               old
               or
               former
               Lease
               for
               years
               be
               within
               fourteen
               years
               of
               expiration
               of
               the
               said
               years
               by
               effluction
               of
               time
               at
               the
               making
               of
               the
               said
               new
               Lease
               ,
               and
               be
               surrendred
               within
               one
               year
               next
               after
               the
               making
               of
               the
               same
               Lease
               :
               And
               for
               that
               it
               appeareth
               likewise
               by
               the
               said
               Inquisition
               ,
               That
               the
               old
               or
               former
               Lease
               therein
               mentioned
               to
               be
               made
               and
               granted
               of
               the
               Mannor
               of
               
                 D.
              
               before
               mentioned
               by
               the
               said
               
                 J.
                 H.
                 J.
                 F.
              
               and
               
                 G.
                 O.
              
               to
               the
               aforesaid
               
                 R.
                 F.
              
               as
               aforesaid
               ,
               was
               not
               within
               fourteen
               yeers
               of
               expiration
               of
               the
               years
               thereby
               granted
               by
               effluction
               of
               time
               ,
               at
               the
               making
               of
               the
               said
               new
               Lease
               by
               the
               said
               
                 T.
                 C.
                 J.
                 W.
                 G.
                 G.
              
               to
               the
               said
               
                 J.
                 H.
              
               as
               aforesaid
               :
               And
               that
               the
               same
               old
               or
               former
               Lease
               so
               made
               and
               granted
               to
               the
               same
               
                 R.
                 F.
              
               by
               the
               said
               
                 J.
                 H.
              
               and
               
                 J.
                 F.
              
               and
               
                 G.
                 O.
              
               as
               aforesaid
               was
               not
               surrendred
               ,
               nor
               otherwise
               avoided
               within
               one
               year
               next
               after
               the
               making
               of
               the
               said
               new
               Lease
               to
               the
               said
               
                 R.
                 F.
              
               or
               ever
               at
               any
               time
               since
               :
               And
               for
               that
               it
               appeareth
               ,
               and
               therefore
               the
               making
               of
               the
               
               said
               new
               Lease
               was
               a
               breach
               of
               Trust
               in
               the
               said
               
                 School-master
              
               and
               Guardians
               :
               Further
               also
               it
               appeareth
               by
               the
               said
               Inquisition
               ,
               that
               the
               said
               Mannor
               and
               Premisses
               so
               demised
               and
               granted
               to
               the
               said
               
                 H.
                 J.
              
               as
               aforesaid
               ,
               at
               the
               Rent
               of
               50
               
                 
                   l
                
              
               
                 per
                 ann.
              
               is
               worth
               60
               
                 
                   l
                
              
               
                 per
                 ann.
              
               to
               be
               let
               ;
               therefore
               ,
               and
               for
               other
               the
               matters
               and
               things
               in
               the
               said
               Inquisition
               appearing
               ,
               the
               said
               Sir
               
                 W.
                 R.
              
               &c.
               being
               six
               of
               the
               Commissioners
               named
               and
               authorized
               in
               and
               by
               the
               said
               Commission
               ,
               upon
               full
               hearing
               and
               debating
               of
               the
               matter
               by
               the
               Councell
               ,
               learned
               in
               the
               Laws
               ,
               appearing
               before
               the
               said
               Commissioners
               ,
               as
               well
               on
               the
               behalf
               of
               
                 T.
                 J.
              
               Son
               of
               the
               said
               
                 H.
                 J.
              
               who
               claimeth
               an
               interest
               in
               the
               said
               Mannor
               of
               
                 D.
              
               for
               divers
               years
               yet
               to
               come
               ,
               under
               colour
               of
               the
               Lease
               before
               mentioned
               ,
               made
               by
               the
               said
               
                 J.
                 H.
                 J.
                 B.
              
               and
               
                 G.
                 O.
              
               to
               the
               said
               
                 H.
                 J.
              
               as
               aforesaid
               ,
               do
               by
               vertue
               of
               the
               said
               Statute
               and
               Commission
               ,
               order
               ,
               adjudge
               and
               decree
               ,
               that
               the
               said
               Lease
               made
               and
               granted
               by
               the
               said
               
                 J.
                 A.
                 J.
                 B.
              
               and
               
                 G.
                 O.
              
               to
               the
               said
               
                 H.
                 J.
              
               was
               made
               contrary
               to
               the
               intent
               of
               the
               
                 Donor
              
               of
               the
               said
               Lands
               ,
               and
               contrary
               to
               the
               Ordinances
               and
               Constitutions
               appointed
               for
               ,
               and
               concerning
               the
               said
               
                 School
                 ,
              
               and
               the
               Lands
               ,
               Tenements
               and
               Possessions
               thereof
               ,
               and
               is
               not
               warranted
               by
               all
               or
               any
               of
               them
               ,
               but
               was
               and
               is
               an
               abuse
               
               and
               misgovernment
               of
               the
               said
               Mannor
               and
               Lands
               ,
               and
               a
               breach
               of
               Trust
               in
               the
               said
               
                 T.
                 O.
                 School-master
              
               of
               the
               said
               
                 Grammar-School
                 .
                 J.
                 B.
              
               and
               
                 G.
                 O.
              
               Guardians
               of
               the
               Lands
               ,
               Tenements
               and
               Possessions
               of
               the
               said
               
                 School
                 ,
              
               and
               is
               a
               great
               and
               apparent
               prejudice
               ,
               and
               hinderance
               to
               the
               due
               and
               faithfull
               imployment
               of
               the
               profits
               of
               the
               same
               ,
               according
               to
               the
               intent
               of
               the
               
                 Donor
                 ,
              
               and
               a
               defrauding
               of
               a
               charitable
               Use
               within
               the
               said
               Statute
               ,
               and
               that
               the
               said
               Lease
               ,
               and
               the
               said
               Mannor
               and
               Lands
               ,
               and
               the
               Indenture
               of
               Demise
               for
               the
               passing
               of
               the
               same
               to
               the
               said
               
                 F.
                 R.
              
               is
               ,
               and
               from
               henceforth
               shall
               be
               ,
               utterly
               void
               and
               of
               none
               effect
               .
               And
               the
               said
               Commissioners
               do
               further
               order
               ,
               adjudge
               and
               decree
               ,
               That
               the
               said
               
                 T.
                 O.
                 School-master
                 ,
              
               and
               the
               Guardians
               of
               the
               Lands
               ,
               Tenements
               and
               Possessions
               of
               the
               same
               
                 School
                 ,
              
               for
               the
               time
               being
               ,
               shall
               and
               may
               Demise
               ,
               grant
               ,
               and
               to
               Farm
               let
               ,
               the
               said
               Mannor
               of
               
                 D.
              
               in
               such
               manner
               as
               by
               the
               same
               Ordinances
               and
               Constitutions
               concerning
               the
               said
               
                 School
                 ,
                 School
                 master
                 ,
              
               and
               the
               Lands
               ,
               Tenements
               and
               Possessions
               thereof
               is
               limited
               ,
               declared
               ,
               ordained
               and
               appointed
               :
               The
               said
               Lease
               so
               made
               of
               the
               same
               Mannor
               and
               Lands
               to
               
                 F.
                 R.
              
               aforesaid
               notwithstanding
               :
               And
               they
               the
               said
               Commissioners
               do
               further
               order
               ,
               adjudge
               and
               decree
               ,
               that
               the
               said
               
                 T.
                 R.
              
               Esquire
               ,
               
               Son
               of
               the
               said
               
                 F.
                 R.
              
               shall
               within
               one
               Month
               after
               notice
               of
               this
               Decree
               ,
               deliver
               the
               Indenture
               of
               the
               said
               Lease
               made
               unto
               the
               said
               
                 F.
                 R.
              
               of
               the
               said
               Mannor
               and
               Premisses
               as
               aforesaid
               ,
               to
               the
               said
               
                 T.
                 O.
              
               or
               his
               Successors
               ,
               and
               Guardians
               of
               the
               Lands
               ,
               Tenements
               and
               Possessions
               of
               the
               same
               
                 School
              
               for
               the
               time
               being
               ,
               to
               be
               cancelled
               ;
               and
               shall
               likewise
               within
               that
               time
               pay
               unto
               the
               said
               
                 T.
                 O.
              
               the
               summ
               of
               10
               
                 
                   l
                
              
               of
               lawfull
               money
               of
               
                 England
                 ,
              
               for
               his
               charges
               and
               expences
               ,
               in
               suing
               out
               the
               said
               Commission
               ,
               and
               in
               the
               prosecution
               of
               the
               said
               Inquisition
               and
               this
               Decree
               .
               
                 Witnesse
                 .
              
            
          
        
         
         
           
             
               Directions
               .
            
             When
             a
             Commission
             is
             first
             sued
             out
             ,
             it
             is
             good
             to
             give
             notice
             to
             the
             
               Churchwardens
            
             and
             
               Overseers
            
             for
             the
             Poor
             of
             Parishes
             neer
             where
             the
             Commissioners
             sit
             ,
             after
             this
             Manner
             :
          
           
             
               The
               second
               day
               of
               
                 May
                 ,
              
               1610.
               
            
             
               By
               the
               Commissioners
               for
            
             Charitable
             Uses
             ,
             
               sitting
               at
            
             B.
             
               in
               the
               County
               of
            
             C.
             
          
           
             
             WHereas
             a
             Commission
             under
             the
             Great
             Seal
             of
             
               England
               ,
            
             bearing
             date
             at
             
               Westminster
            
             the
             tenth
             day
             of
             
               January
               ,
            
             1610.
             
             Hath
             been
             directed
             to
             divers
             persons
             ,
             dwelling
             and
             inhabiting
             within
             the
             County
             aforesaid
             ,
             authorizing
             them
             ,
             or
             any
             four
             or
             more
             of
             them
             ,
             to
             enquire
             by
             such
             ways
             and
             means
             as
             in
             the
             said
             Commission
             is
             mentioned
             ,
             what
             Lands
             ,
             Tenements
             ,
             Rents
             ,
             
             Annuities
             ,
             Profits
             ,
             Hereditaments
             ,
             Goods
             ,
             Chattels
             ,
             Mony
             ,
             and
             stocks
             of
             mony
             ,
             have
             been
             heretofore
             given
             by
             any
             well
             disposed
             person
             or
             persons
             for
             relief
             of
             aged
             ,
             impotent
             ,
             and
             poor
             people
             ,
             maintenance
             of
             sick
             and
             maimed
             Soldier
             and
             Marriners
             ,
             Schools
             of
             Learning
             ,
             Free-Schools
             ,
             and
             Schollars
             of
             Universities
             ,
             repair
             of
             Bridges
             ,
             Ports
             ,
             Havens
             ,
             Causways
             ,
             Churches
             ,
             Sea-bancks
             ,
             and
             High-ways
             ,
             for
             Education
             and
             Preferment
             of
             Orphanes
             :
             for
             or
             towards
             the
             relief
             ,
             stock
             ,
             or
             maintenance
             for
             houses
             of
             Correction
             ,
             marriage
             of
             poor
             Maids
             ,
             supportation
             ,
             aid
             and
             help
             of
             young
             Tradesmen
             ,
             Handycrafts
             men
             ,
             and
             persons
             decayed
             ,
             release
             and
             redemption
             of
             Captives
             ,
             aid
             or
             case
             of
             any
             poor
             Inhabitants
             ,
             concerning
             payment
             of
             Fifteens
             ,
             setting
             out
             of
             Soldiers
             ,
             and
             other
             Taxes
             ,
             and
             of
             the
             abuses
             ,
             breaches
             of
             Trust
             ,
             negligences
             ,
             misimployment
             not
             imploying
             ,
             concealing
             ,
             defrauding
             ,
             misconverting
             ,
             and
             misgovernment
             of
             the
             same
             Lands
             ,
             Tenements
             ,
             stocks
             of
             Money
             ,
             and
             other
             things
             given
             to
             any
             of
             the
             Charitable
             Uses
             aforesaid
             ;
             and
             to
             set
             down
             such
             Orders
             ,
             Judgements
             and
             Decrees
             ,
             as
             that
             the
             same
             Lands
             ,
             Tenements
             ,
             Money
             ,
             and
             other
             things
             ,
             may
             be
             duly
             imployed
             to
             and
             for
             such
             of
             the
             Charitable
             Uses
             aforesaid
             for
             which
             they
             were
             given
             ,
             limited
             or
             appointed
             by
             the
             
               Doxors
            
             
             and
             
               Founders
            
             thereof
             .
             It
             is
             this
             day
             Ordered
             by
             the
             said
             Commissioners
             ,
             that
             notice
             be
             given
             to
             all
             Parishes
             and
             places
             within
             the
             said
             County
             of
             
               C.
            
             of
             the
             Commission
             aforesaid
             ,
             and
             the
             power
             thereby
             given
             to
             the
             said
             Commissioners
             ,
             that
             so
             all
             persons
             that
             have
             occasion
             may
             take
             the
             benefit
             of
             the
             said
             Commission
             ,
             and
             have
             remedy
             and
             redresse
             thereby
             ,
             and
             withall
             ,
             that
             directions
             be
             given
             ,
             that
             such
             persons
             as
             do
             come
             to
             the
             said
             Commissioners
             for
             relief
             in
             the
             Premisses
             ,
             do
             bring
             with
             them
             the
             
               Wills
               ,
               Evidences
               ,
               Charters
            
             and
             
               Writings
               ,
            
             whereby
             the
             
               Charitable
               Vses
            
             do
             appear
             to
             be
             given
             ,
             created
             ,
             limited
             ,
             assigned
             ,
             and
             appointed
             ,
             and
             sufficient
             witnesse
             to
             prove
             the
             breaches
             of
             Trust
             ,
             not
             imploying
             ,
             or
             misimployment
             of
             such
             things
             as
             shall
             be
             so
             abused
             ,
             not
             imployed
             or
             misimployed
             ,
             as
             aforesaid
             .
          
           
             
               
                 By
              
               T.
               W.
               
                 Clerk
                 ,
                 attending
                 the
                 said
                 Commissioners
                 .
              
            
          
        
         
         
           
             Decrees
             .
          
           
             AT
             
               R.
            
             within
             the
             said
             County
             ,
             on
             Tuesday
             the
             ninth
             day
             of
             
               September
               ,
            
             in
             the
             one
             and
             twentieth
             year
             of
             the
             raign
             of
             our
             Soveraign
             Lord
             
               Charles
            
             by
             the
             Grace
             of
             God
             King
             of
             
               England
               ,
               Scotland
               ,
               France
               ,
            
             and
             
               Ireland
               ,
            
             Defender
             of
             the
             Faith
             ,
             
               &c.
               
               An.
               Dom.
            
             1645.
             
             Whereas
             a
             Commission
             under
             the
             great
             Seal
             of
             
               England
               ,
            
             hearing
             date
             the
             eighth
             day
             of
             
               February
            
             last
             past
             ,
             hath
             been
             directed
             to
             
               W.
               C.
               J.
               H.
               C.
               M.
               G.
               W.
            
             Esquires
             ,
             and
             
               G.
               M.
            
             Gent.
             and
             to
             divers
             other
             persons
             dwelling
             and
             inhabiting
             within
             the
             said
             County
             ,
             authorizing
             them
             ,
             or
             any
             foure
             or
             more
             of
             them
             ,
             to
             enquire
             by
             the
             oathes
             of
             twelve
             good
             and
             lawfull
             men
             ,
             or
             more
             of
             the
             County
             ,
             as
             by
             all
             other
             good
             and
             lawfull
             waies
             and
             means
             of
             all
             and
             singular
             Lands
             ,
             Tenements
             ,
             Rents
             ,
             Annuities
             ,
             Profits
             ,
             Hereditaments
             ,
             Goods
             ,
             Chattels
             ,
             Mony
             ,
             and
             Stocks
             of
             Mony
             heretofore
             given
             ,
             limited
             ,
             appointed
             and
             assigned
             by
             any
             well
             disposed
             Person
             ,
             to
             or
             for
             any
             the
             Charitable
             and
             Godly
             uses
             in
             the
             said
             Commission
             mentioned
             ,
             within
             the
             said
             County
             ;
             And
             of
             the
             Abuses
             ,
             Breaches
             of
             Trusts
             ,
             Negligences
             .
             
             Mis-imployments
             ,
             not
             Imploying
             ,
             Concealing
             ,
             Defrauding
             ,
             Mis-converting
             ,
             or
             Mis-government
             of
             the
             same
             Lands
             ,
             Tenements
             ,
             Rents
             ,
             Annuities
             ,
             and
             other
             things
             ;
             and
             for
             the
             setting
             down
             such
             Orders
             ,
             Judgments
             and
             Decrees
             ,
             as
             that
             the
             same
             Lands
             ,
             Tenements
             ,
             Rents
             ,
             Annuities
             ,
             Profits
             ,
             Goods
             ,
             Chattels
             ,
             Mony
             ,
             and
             Stocks
             of
             Mony
             may
             be
             duly
             and
             faithfully
             imployed
             to
             and
             for
             the
             Charitable
             uses
             and
             intents
             ,
             for
             which
             the
             same
             were
             given
             ,
             limited
             ,
             assigned
             ,
             and
             appointed
             by
             the
             Donors
             and
             Foundors
             thereof
             ,
             according
             to
             a
             Statute
             made
             in
             the
             three
             and
             fortieth
             year
             of
             the
             raign
             of
             the
             late
             Queen
             
               Eliz.
               
            
             Intituled
             An
             Act
             made
             to
             redress
             the
             Mis-imployments
             of
             Lands
             ,
             Goods
             ,
             and
             Stocks
             of
             Mony
             heretofore
             given
             to
             Charitable
             uses
             :
             And
             whereas
             the
             said
             
               W.
               C.
               J.
               H.
               C.
               M.
            
             and
             
               G.
               M.
            
             being
             foure
             of
             the
             Commissioners
             named
             and
             authorized
             in
             and
             by
             the
             said
             Commission
             meeting
             for
             the
             execution
             thereof
             ,
             at
             the
             day
             and
             place
             aforesaid
             .
             It
             was
             then
             and
             there
             found
             by
             the
             oaths
             of
             
               J.
               F.
               R.
               L.
               &c.
            
             good
             and
             lawfull
             men
             of
             the
             said
             County
             ,
             That
             one
             
               A.
               B.
            
             as
             in
             and
             by
             the
             said
             Inqu●sition
             hereunto
             annexed
             it
             doth
             and
             may
             appear
             ,
             
               &c.
               
            
             Now
             they
             the
             said
             
               W.
               C.
               J.
               H.
               C.
               M.
               G.
               W.
            
             and
             
               G.
               M.
            
             having
             heard
             the
             said
             
               T.
               H.
            
             and
             his
             Councell
             touching
             the
             Premises
             ;
             
             and
             being
             of
             opinion
             that
             the
             gift
             of
             the
             said
             Messuage
             ,
             Tenements
             and
             Premises
             by
             the
             said
             
               A.
               B.
            
             in
             manner
             and
             forme
             aforesaid
             ,
             is
             a
             good
             Gift
             ,
             Limitation
             ,
             Appointment
             ,
             and
             Assignment
             of
             the
             same
             Messuage
             ,
             Tenements
             ,
             and
             Premises
             to
             and
             for
             the
             said
             Charitable
             use
             within
             the
             intent
             of
             the
             Statute
             before
             mentioned
             ;
             And
             for
             that
             it
             appeareth
             to
             the
             said
             Commissioners
             by
             the
             said
             Will
             and
             Inquisition
             that
             but
             onely
             part
             of
             the
             Issues
             and
             Revenues
             of
             the
             said
             Tenements
             and
             Premises
             were
             appointed
             by
             the
             said
             Will
             to
             be
             bestowed
             to
             the
             maintenance
             of
             the
             superstitious
             uses
             therein
             mentioned
             ,
             and
             that
             the
             value
             of
             the
             mony
             appointed
             for
             the
             said
             superstitious
             uses
             doth
             not
             amount
             to
             above
             twenty
             shillings
             
               per
               annum
            
             at
             the
             most
             ;
             And
             for
             that
             it
             doth
             not
             appear
             unto
             the
             said
             Commissioners
             ,
             that
             any
             part
             of
             the
             Rents
             and
             Profits
             of
             the
             said
             Tenements
             and
             Premises
             were
             at
             any
             time
             within
             five
             years
             before
             the
             first
             day
             of
             the
             Parliament
             begun
             ,
             the
             fourth
             day
             of
             
               November
            
             one
             thousand
             five
             hundred
             forty
             seven
             ,
             and
             in
             the
             first
             year
             of
             the
             reign
             of
             King
             
               Edward
            
             the
             sixth
             late
             King
             of
             
               England
            
             imployed
             ,
             paid
             ,
             or
             bestowed
             to
             the
             maintenance
             of
             the
             said
             
               Obit
            
             and
             other
             the
             superstitious
             uses
             before
             mentioned
             ,
             or
             any
             of
             them
             ;
             And
             forasmuch
             as
             it
             appeareth
             by
             the
             intent
             of
             the
             said
             Will
             ,
             
             that
             Feoffes
             ought
             to
             be
             appointed
             successively
             ,
             and
             the
             said
             House
             and
             Premises
             were
             to
             be
             conveyed
             unto
             them
             for
             the
             more
             legall
             and
             faithfull
             continuance
             and
             imployment
             of
             the
             Rents
             and
             Profits
             of
             the
             same
             to
             the
             Charitable
             use
             aforesaid
             :
             to
             the
             end
             ,
             intent
             ,
             and
             purpose
             ,
             therefore
             ,
             that
             the
             Rents
             and
             Profits
             of
             the
             said
             Lands
             ,
             Tenements
             ,
             and
             Premises
             may
             be
             duly
             and
             faithfully
             imployed
             in
             and
             for
             the
             charitable
             use
             ,
             to
             and
             for
             which
             the
             same
             were
             limited
             ,
             appointed
             ,
             and
             assigned
             by
             the
             Donor
             thereof
             as
             aforesaid
             ;
             They
             the
             said
             
               W.
               C.
               J.
               H.
               C.
               M.
            
             and
             
               G.
               M.
            
             do
             by
             vertue
             of
             the
             said
             Statute
             and
             Commission
             ,
             Order
             and
             Decree
             that
             the
             said
             
               T.H.
            
             the
             Grand-child
             ,
             
               T.C.
               J.
               C.
            
             and
             all
             and
             every
             other
             person
             and
             persons
             now
             holding
             ,
             occupying
             ,
             or
             enjoying
             the
             same
             Messuages
             ,
             Lands
             ,
             Tenements
             ,
             and
             Premises
             before
             mentioned
             ,
             to
             and
             for
             the
             maintenance
             of
             the
             Charitable
             use
             before
             mentioned
             ,
             and
             every
             of
             them
             shall
             within
             one
             month
             next
             after
             notice
             of
             this
             Decree
             ,
             leave
             ,
             surrender
             ,
             and
             yeild
             up
             the
             Possession
             of
             the
             said
             Messuages
             ,
             Lands
             ,
             Tenements
             ,
             and
             Premises
             ,
             unto
             ,
             or
             for
             the
             Church-wardens
             of
             
               T.
            
             aforesaid
             ,
             and
             that
             the
             said
             Church-wardens
             shall
             within
             three
             months
             next
             after
             they
             shall
             be
             actually
             possessed
             of
             the
             said
             Lands
             ,
             Tenements
             ,
             and
             Premises
             make
             and
             execute
             a
             
             Feoffment
             of
             the
             same
             Lands
             ,
             Tenements
             ,
             and
             Premises
             to
             the
             use
             of
             themselves
             ,
             and
             thirteen
             others
             of
             the
             Parishioners
             of
             
               T.
            
             aforesaid
             ,
             and
             their
             heirs
             in
             such
             manner
             as
             by
             Councell
             learned
             shall
             be
             advised
             and
             directed
             ,
             to
             the
             end
             ,
             intent
             and
             purpose
             ,
             that
             the
             Feoffes
             in
             such
             Feoffment
             to
             be
             named
             ,
             and
             their
             heirs
             may
             stand
             and
             be
             seized
             of
             the
             same
             Lands
             ,
             Tenements
             ,
             and
             Premises
             ,
             upon
             trust
             and
             confidence
             that
             they
             and
             their
             heirs
             shall
             permit
             and
             suffer
             the
             Church-wardens
             of
             the
             same
             Parish
             for
             the
             time
             being
             ,
             to
             receive
             and
             take
             the
             Rents
             and
             Profits
             of
             the
             same
             Premises
             from
             time
             to
             time
             as
             the
             fame
             shall
             arise
             ,
             become
             due
             ,
             and
             payable
             ,
             to
             and
             for
             the
             reparation
             of
             the
             said
             Parish-Church
             of
             
               S.
            
             aforesaid
             ,
             as
             often
             ,
             and
             when
             as
             need
             shall
             require
             ;
             and
             that
             when
             ten
             or
             more
             of
             the
             said
             Feoffes
             of
             the
             Premises
             shall
             be
             dead
             (
             or
             before
             if
             it
             shall
             be
             thought
             expedient
             )
             the
             surviving
             Feoffes
             shall
             make
             a
             new
             Feoffment
             of
             the
             same
             Premises
             to
             the
             use
             of
             themselves
             ,
             and
             of
             so
             many
             more
             of
             the
             Parishioners
             of
             
               T.
            
             aforesaid
             ,
             as
             shall
             make
             it
             the
             number
             of
             fifteen
             ;
             And
             that
             that
             order
             and
             rule
             shall
             be
             observed
             in
             all
             succeeding
             Generations
             ;
             And
             the
             Commissioners
             aforesaid
             do
             further
             order
             ,
             adjudge
             ,
             &
             decree
             ,
             that
             the
             Church-wardens
             of
             
               T.
            
             aforesaid
             ,
             for
             the
             time
             being
             ,
             shall
             upon
             Tuesday
             in
             
             the
             
               Easter
            
             week
             ,
             yearly
             give
             up
             true
             and
             perfect
             accounts
             in
             writing
             to
             the
             Feoffes
             of
             the
             Premises
             ,
             or
             the
             Major
             part
             of
             them
             in
             the
             Parish-Church
             of
             
               T.
            
             aforesaid
             ,
             of
             their
             Receits
             and
             Disbursements
             of
             ,
             touching
             and
             concerning
             the
             Rents
             and
             Profits
             of
             the
             Premises
             ;
             And
             if
             it
             shall
             upon
             such
             account
             appeare
             that
             any
             monies
             are
             remaining
             in
             their
             hands
             ,
             that
             then
             the
             said
             Church-wardens
             so
             accounting
             ,
             shall
             within
             one
             month
             then
             next
             following
             ,
             deliver
             and
             pay
             over
             the
             said
             Monies
             so
             remaining
             in
             their
             hands
             to
             the
             succeeding
             Church-wardens
             ,
             to
             and
             for
             the
             Charitable
             use
             before
             mentioned
             :
             And
             forasmuch
             as
             it
             appeareth
             unto
             the
             said
             Commissioners
             ,
             that
             the
             said
             
               T.
               H.
            
             the
             Grandchild
             hath
             in
             his
             custody
             an
             ancient
             Deed
             or
             Writing
             whereby
             the
             said
             Messuages
             or
             Tenements
             ,
             and
             Premises
             were
             conveyed
             to
             the
             said
             
               A.
               B.
            
             and
             his
             heirs
             ,
             and
             likewise
             the
             Originall
             Will
             of
             the
             said
             
               A.
               B.
            
             whereby
             the
             Premises
             are
             demised
             ,
             limited
             ,
             appointed
             ,
             or
             assigned
             to
             and
             for
             the
             Charitable
             use
             before
             mentioned
             :
             The
             said
             Commissioners
             do
             further
             order
             ,
             adjudge
             ,
             and
             decree
             ,
             that
             the
             said
             
               T.
               H.
            
             shall
             within
             one
             month
             after
             notice
             of
             this
             Decree
             ,
             deliver
             un-the
             Church-wardens
             of
             
               T.
            
             aforesaid
             for
             the
             time
             being
             ,
             the
             said
             Deed
             and
             Will
             ,
             and
             all
             other
             Deeds
             ,
             Evidences
             ,
             and
             Writings
             ,
             touching
             ,
             
             and
             concerning
             the
             said
             Messuages
             ,
             Tenements
             ,
             and
             Premises
             ,
             or
             any
             of
             them
             ,
             which
             now
             are
             ,
             or
             have
             been
             in
             his
             hands
             or
             custody
             ,
             or
             in
             the
             hands
             or
             custody
             of
             any
             other
             person
             or
             persons
             ,
             to
             his
             use
             ,
             or
             by
             his
             consent
             ,
             or
             delivery
             at
             any
             time
             ,
             sithence
             the
             death
             of
             the
             said
             
               E.
               H.
            
             And
             lastly
             the
             said
             Commissioners
             do
             further
             order
             ,
             adjudge
             ,
             and
             decree
             ,
             that
             the
             said
             
               T.
               H.
            
             the
             Grandchilde
             ,
             shall
             within
             one
             month
             next
             after
             notice
             of
             this
             Decree
             ,
             pay
             unto
             the
             Church-wardens
             of
             the
             said
             Parish-Church
             of
             
               T.
            
             for
             the
             time
             being
             the
             sum
             of
             twenty
             pounds
             of
             lawful
             mony
             of
             
               England
               ,
            
             for
             the
             Rents
             and
             Profits
             of
             the
             said
             Messuages
             ,
             Tenements
             ,
             and
             Premises
             by
             him
             received
             since
             the
             death
             of
             his
             said
             Father
             
               E.
               H.
            
             Which
             the
             said
             Church-wardens
             are
             to
             imploy
             and
             bestow
             in
             and
             about
             the
             repaire
             of
             the
             said
             Parish
             Church
             ,
             as
             need
             and
             occasion
             shall
             be
             and
             require
             .
             In
             witnesse
             ,
             whereof
             the
             Commissioners
             aforesaid
             have
             hereunto
             set
             their
             hands
             and
             seals
             ,
             the
             day
             and
             year
             above
             written
             .
          
        
         
         
           
             Exceptions
             to
             a
             Decree
             .
          
           
             
               EXceptions
               taken
               by
               
                 T.
                 H.
              
               Gent.
               to
               a
               Decree
               made
               at
               
                 R.
              
               in
               the
               County
               of
               
                 D.
              
               on
               Tuesday
               the
               ninth
               day
               of
               
                 September
              
               in
               the
               year
               of
               our
               Lord
               ,
               
                 1645.
              
               made
               by
               
                 W.
                 C.
                 J.
                 H.
              
               C.
               M.
               and
               
                 G.
                 M
                 ,
              
               Commissioners
               ,
               appointed
               and
               authorized
               by
               a
               Commission
               under
               the
               great
               Seal
               of
               
                 England
                 ,
              
               bearing
               date
               the
               eighth
               day
               of
               
                 February
                 ,
                 1643.
              
               directed
               to
               the
               said
               Commissioners
               ,
               and
               to
               divers
               other
               persons
               in
               the
               County
               of
               
                 D.
              
               grounded
               upon
               the
               Statute
               made
               in
               the
               three
               and
               fourtieth
               year
               of
               the
               reign
               of
               the
               late
               Queen
               
                 Elizabeth
                 ,
              
               Intituled
               ,
               
                 An
                 Act
                 made
                 to
                 redress
                 misimployments
                 of
                 Lands
                 ,
                 Goods
                 ,
                 and
                 stocks
                 of
                 Money
                 given
                 to
                 charitable
                 Uses
                 ,
              
               as
               followeth
               .
            
          
           
             WHereas
             it
             is
             set
             forth
             by
             the
             said
             Decree
             ,
             that
             one
             
               A.
               B.
            
             by
             his
             Will
             in
             Writing
             ,
             bearing
             date
             the
             17.
             day
             of
             
               January
            
             1524.
             did
             Devise
             and
             bequeath
             a
             Messuage
             or
             Tenement
             ,
             with
             certain
             houses
             ,
             and
             a
             Garden
             thereunto
             belonging
             ,
             with
             the
             Appurtenances
             ,
             in
             
               T.
            
             in
             the
             said
             County
             of
             
               D.
            
             commonly
             called
             or
             known
             by
             the
             dame
             of
             
               C.
            
             to
             
               A.
            
             his
             
             Wife
             ,
             during
             her
             life
             ,
             and
             after
             her
             decease
             ,
             unto
             the
             Church
             of
             
               T.
            
             aforesaid
             in
             these
             words
             following
             :
             
               Item
               ,
            
             I
             Will
             ,
             after
             my
             decease
             ,
             that
             
               A.
            
             my
             wife
             ,
             have
             my
             House
             ,
             called
             
               C.
            
             during
             her
             naturall
             life
             ,
             and
             she
             to
             keep
             up
             the
             reparations
             of
             the
             said
             House
             ,
             and
             the
             Lords
             Rent
             to
             pay
             ,
             and
             she
             to
             find
             four
             Tapers
             of
             four
             pound
             of
             Wax
             ,
             that
             is
             ,
             one
             before
             the
             Rude
             under
             the
             Rude
             loft
             ,
             and
             another
             before
             our
             Lady
             ,
             another
             before
             St.
             
               Thomas
               ,
            
             and
             one
             before
             St.
             
               Anthony
               .
               Item
               ,
            
             I
             Will
             that
             she
             keep
             mine
             
               Obit
            
             every
             year
             during
             her
             life
             ,
             and
             to
             have
             every
             year
             three
             Priests
             and
             they
             to
             have
             eight
             pence
             a
             piece
             ,
             and
             two
             dozen
             of
             bread
             ,
             and
             a
             kinder
             kin
             of
             double
             Beer
             ,
             and
             two
             Cheeses
             ,
             price
             of
             twenty
             pence
             .
             
               Item
               ,
            
             I
             Will
             ,
             and
             appoint
             after
             my
             decease
             ,
             that
             all
             and
             singular
             my
             Evidences
             ,
             and
             my
             Copies
             ,
             that
             they
             be
             delivered
             into
             the
             custody
             of
             the
             Churchwardens
             of
             the
             Parish
             of
             
               Peter
            
             and
             
               Paul
            
             of
             
               T.
            
             aforesaid
             .
             
               Item
               ,
            
             I
             will
             that
             after
             the
             naturall
             life
             of
             
               A.
            
             my
             Wife
             ,
             that
             then
             my
             House
             ,
             called
             
               C.
            
             with
             all
             the
             Appurtenances
             belonging
             thereunto
             ,
             as
             is
             more
             plainly
             specified
             by
             my
             Deeds
             ,
             that
             it
             shall
             remain
             evermore
             unto
             the
             Church
             aforesaid
             ;
             First
             ,
             to
             keep
             mine
             
               Obit
            
             yearly
             ,
             and
             the
             four
             Tapers
             of
             four
             pounds
             of
             Wax
             :
             Moreover
             ,
             I
             Will
             ,
             that
             after
             the
             decease
             of
             
               A.
            
             my
             wife
             ,
             that
             the
             Churchwardens
             
             do
             buy
             six
             pounds
             of
             Wax
             ,
             and
             make
             the
             common
             light
             ,
             and
             the
             Tapes
             before
             the
             
               Rude
               ,
            
             to
             the
             full
             of
             two
             pounds
             of
             Wax
             a
             piece
             ,
             and
             so
             to
             continue
             for
             evermore
             ,
             and
             the
             residue
             of
             the
             Rent
             to
             remain
             to
             the
             reparations
             of
             the
             Church
             aforesaid
             :
             And
             whereas
             it
             is
             set
             forth
             by
             the
             said
             Decree
             ,
             that
             the
             said
             
               A.
            
             and
             
               B.
            
             and
             
               A.
               B.
            
             are
             long
             since
             dead
             ,
             and
             that
             
               T.
               H.
            
             Esquire
             ,
             deceased
             ,
             on
             or
             about
             the
             six
             and
             twentieth
             day
             of
             
               January
               ,
            
             in
             the
             thirtieth
             year
             of
             the
             reign
             of
             the
             late
             Queen
             
               Elizabeth
               ,
            
             did
             enter
             into
             the
             said
             Messuage
             and
             Premisses
             ,
             called
             
               C.
            
             and
             was
             possessed
             thereof
             ,
             and
             during
             his
             life
             ,
             took
             the
             Rents
             and
             profits
             thereof
             ,
             paying
             onely
             five
             Nobles
             
               per
               ann.
            
             out
             of
             the
             Rents
             and
             profits
             of
             the
             same
             Messuage
             and
             Premisses
             to
             the
             Churchwardens
             and
             Church
             of
             
               T.
            
             to
             the
             charitable
             use
             aforesaid
             ;
             and
             that
             
               E.
               H.
            
             
               Esq
            
             deceased
             ,
             son
             of
             the
             said
             
               T.
            
             also
             entred
             upon
             the
             Premisses
             ,
             and
             paid
             the
             five
             Nobles
             a
             yeare
             as
             abovesaid
             ,
             untill
             about
             twelve
             years
             last
             past
             ,
             at
             which
             time
             the
             said
             
               E.
               H.
            
             refused
             to
             pay
             it
             ,
             and
             that
             the
             same
             premisses
             is
             now
             divided
             into
             severall
             Tenements
             and
             that
             since
             the
             death
             of
             the
             said
             
               E.
               H.
            
             who
             died
             about
             two
             years
             before
             the
             Decree
             ;
             the
             said
             Exceptant
             ,
             
               T.
               H.
            
             Son
             and
             Heir
             of
             the
             said
             
               E.
               H.
            
             came
             to
             the
             said
             Messuage
             and
             Premisses
             called
             
               C.
            
             as
             
             Son
             and
             Heir
             to
             the
             said
             
               E.
               H.
            
             And
             the
             said
             Commissioners
             have
             ordered
             ,
             that
             the
             said
             Exceptant
             ,
             
               T.
               H.
            
             and
             his
             Tenants
             ,
             should
             surrender
             and
             yeild
             up
             the
             Possession
             of
             the
             said
             Messuage
             and
             Premisses
             ,
             unto
             the
             Church-wardens
             of
             
               T.
            
             aforesaid
             ,
             and
             to
             deliver
             up
             the
             Deeds
             and
             Evidences
             of
             the
             same
             Premisses
             ,
             and
             to
             pay
             unto
             the
             said
             Churchwardens
             the
             summ
             of
             twenty
             pounds
             ,
             to
             be
             imployed
             for
             the
             repairs
             of
             the
             said
             Church
             ;
             Unto
             which
             Decree
             ,
             this
             Exceptant
             ,
             
               T.
               H.
            
             doth
             except
             ,
             and
             conceives
             ,
             and
             is
             advised
             by
             his
             Counsel
             ,
             that
             he
             is
             not
             ,
             nor
             ought
             to
             be
             bound
             by
             the
             said
             Decree
             and
             Order
             made
             by
             the
             said
             Commissioners
             as
             aforesaid
             ,
             for
             the
             Causes
             and
             Reasons
             hereafter
             following
             .
          
           
             And
             first
             ,
             For
             that
             it
             appeareth
             by
             an
             ancient
             Deed
             of
             Feoffment
             ,
             bearing
             date
             the
             two
             and
             twentieh
             day
             of
             
               June
               ,
            
             in
             the
             tenth
             year
             of
             the
             Reign
             of
             the
             late
             King
             
               Henry
            
             the
             eighth
             ,
             that
             one
             
               J.
               K.
            
             and
             
               J.
            
             his
             wife
             ,
             
               W.
               F.
               W.
               T.
               J.
               S.
            
             and
             
               R.
               M.
            
             did
             grant
             and
             confirm
             unto
             the
             before
             named
             
               A.
               B.
               R.
               F.
               R.
               F.
            
             and
             
               J.
               R.
            
             to
             the
             use
             of
             the
             said
             
               A.
               B.
            
             and
             his
             Heirs
             and
             Assigns
             forever
             ,
             all
             that
             the
             Messuage
             ,
             with
             the
             buildings
             ,
             gardens
             and
             Appurtenances
             ,
             called
             
               C.
            
             scituate
             ,
             lying
             and
             being
             in
             
               T.
            
             in
             the
             County
             of
             
               D.
            
             between
             ,
             
               &c.
            
             as
             by
             the
             said
             Deed
             of
             Feoffment
             ready
             to
             be
             produced
             ,
             may
             
             appear
             ,
             Which
             said
             last
             mentioned
             Messuage
             and
             Premisses
             ,
             called
             
               C.
            
             is
             not
             the
             Messuage
             ,
             Lands
             and
             Premisses
             in
             the
             occupation
             of
             this
             Exceptant
             and
             his
             Tenants
             ,
             and
             which
             are
             charged
             and
             decreed
             to
             the
             charitable
             use
             by
             the
             said
             Commissioners
             ,
             as
             aforesaid
             ;
             For
             this
             Exceptant
             saith
             ,
             that
             the
             aforesaid
             Messuage
             or
             Tenement
             ,
             called
             
               C.
            
             so
             conveyed
             by
             the
             last
             mentioned
             Deed
             of
             Feoffment
             to
             
               A.
               B.
            
             as
             aforesaid
             ,
             was
             held
             of
             the
             Mannor
             of
             
               G.
            
             in
             the
             said
             County
             of
             
               D.
            
             by
             fealty
             ,
             suit
             of
             Court
             ,
             and
             the
             yearly
             Rent
             of
             two
             shillings
             eight
             pence
             
               per
               ann.
            
             as
             by
             the
             Surveys
             and
             Records
             of
             the
             said
             Mannor
             may
             appear
             ,
             which
             said
             Messuage
             and
             Premisses
             afterwards
             came
             to
             be
             the
             Inheritance
             of
             one
             
               R.
               E.
            
             and
             was
             then
             called
             by
             the
             name
             of
             
               C.
            
             otherwise
             
               E.
            
             Hall
             .
             And
             this
             Exceptant
             further
             saith
             ,
             that
             the
             said
             
               R.
               E.
            
             being
             seized
             in
             Fee
             of
             the
             said
             Messuage
             and
             Premisses
             ,
             did
             upon
             or
             about
             the
             twelfth
             day
             of
             
               November
               ,
            
             in
             the
             eighth
             year
             of
             the
             Reign
             of
             the
             late
             Queen
             
               Elizabeth
               ,
            
             acknowledge
             a
             Statute
             of
             one
             hundred
             and
             fifty
             pounds
             unto
             one
             
               T.
               O.
            
             for
             the
             payment
             of
             the
             summ
             of
             one
             hundred
             and
             sixteen
             pounds
             at
             a
             day
             shortly
             after
             ,
             which
             was
             not
             paid
             ,
             which
             Statute
             was
             extended
             about
             the
             tenth
             day
             of
             
               April
               ,
            
             in
             the
             fourteenth
             year
             of
             the
             Reign
             of
             the
             said
             late
             
             Queen
             
               Elizabeth
               ,
            
             upon
             the
             said
             Messuage
             and
             Premisses
             ,
             which
             was
             aftewards
             assigned
             over
             unto
             
               T.
               H.
            
             this
             Exceptants
             Grandfather
             ,
             upon
             or
             about
             the
             five
             and
             twentieth
             day
             of
             
               January
               ,
            
             in
             the
             fourteenth
             year
             of
             the
             Reign
             of
             the
             said
             late
             Queen
             
               Elizabeth
               .
            
             And
             it
             appeareth
             by
             the
             said
             Extent
             ,
             that
             the
             said
             
               R.
               E.
            
             had
             sold
             the
             said
             Messuage
             and
             Premisses
             ,
             unto
             one
             
               S.
               F.
            
             and
             his
             Heirs
             by
             Deed
             ,
             bearing
             date
             upon
             or
             about
             the
             twentieth
             day
             of
             
               June
               ,
            
             in
             the
             twentieth
             year
             of
             the
             Reign
             of
             the
             said
             late
             Queen
             
               Elizabeth
               :
            
             And
             this
             Exceptant
             saith
             ,
             that
             the
             said
             
               T.
               H.
            
             this
             Exceptants
             Grandfather
             ,
             having
             the
             said
             Premisses
             so
             in
             Extent
             ,
             and
             the
             same
             being
             but
             of
             small
             value
             ,
             and
             the
             money
             that
             was
             owing
             thereupon
             being
             more
             worth
             then
             the
             said
             Messuage
             and
             Premisses
             ,
             he
             did
             by
             his
             Deed
             ,
             bearing
             date
             upon
             or
             about
             the
             five
             and
             twentieth
             day
             of
             
               January
               ,
            
             in
             the
             thirteenth
             year
             of
             the
             Reign
             of
             the
             late
             Queen
             
               Elizabeth
               ,
            
             grant
             to
             severall
             Trustees
             ,
             one
             Annuity
             or
             yearly
             Rent
             of
             fourty
             six
             shillings
             eight
             pence
             to
             be
             issuing
             and
             going
             out
             of
             the
             said
             Messuage
             ,
             called
             
               C.
            
             to
             be
             imployed
             for
             the
             repairs
             of
             the
             Parish
             Church
             of
             
               T.
            
             aforesaid
             ,
             which
             said
             summ
             of
             fourty
             six
             shillings
             and
             eight
             pence
             is
             the
             seven
             Nobles
             mentioned
             in
             the
             said
             Decree
             .
             And
             this
             Exceptant
             saith
             ,
             that
             
             when
             the
             said
             Extent
             is
             ended
             ,
             the
             inheritance
             of
             the
             said
             Messuage
             and
             Premises
             will
             come
             unto
             
               T.
               F.
            
             Son
             and
             Heir
             of
             
               S.
               F.
            
             deceased
             ,
             as
             by
             an
             Office
             after
             the
             decease
             of
             the
             said
             
               S.
               F.
            
             found
             at
             
               L.
            
             the
             three
             and
             twentieth
             day
             of
             
               November
            
             in
             the
             four
             and
             fourtieth
             year
             of
             the
             Reign
             of
             the
             late
             Queen
             
               Elizabeth
            
             may
             appear
             ;
             which
             said
             Massuage
             and
             Premises
             last
             before
             mentioned
             ,
             if
             any
             at
             all
             ought
             onely
             to
             be
             charged
             with
             the
             said
             charitable
             use
             and
             none
             other
             .
          
           
             
               The
               second
               Exception
               .
            
             
               And
               secondly
               ,
               This
               Exceptant
               saith
               ,
               that
               the
               Messuage
               and
               Premises
               in
               the
               Decree
               mentioned
               to
               be
               in
               this
               Exceptants
               occupation
               ,
               and
               the
               other
               Messuages
               and
               Premises
               therein
               mentioned
               to
               be
               in
               the
               occupation
               of
               him
               ;
               this
               Exceptant
               and
               his
               Tenants
               are
               not
               the
               Messuages
               and
               Lands
               given
               to
               the
               said
               charitable
               use
               ,
               nor
               ought
               not
               to
               be
               charged
               therewith
               ;
               for
               this
               Exceptant
               saith
               ,
               that
               the
               late
               King
               
                 Edward
              
               the
               sixth
               ,
               by
               his
               betters
               Patents
               under
               the
               great
               Seal
               of
               
                 England
                 ,
              
               bearing
               date
               the
               tenth
               day
               of
               
                 April
                 ,
              
               in
               the
               third
               year
               of
               his
               Reign
               ,
               did
               amongst
               other
               things
               ,
               give
               and
               grant
               unto
               one
               
                 R.
                 W.
              
               and
               
                 W.
                 P.
              
               and
               their
               Heirs
               ,
               all
               that
               his
               Messuage
               or
               Tenement
               called
               
                 C.
              
               and
               all
               Lands
               ,
               Meadows
               ,
               
               Pastures
               ,
               Feedings
               and
               Hereditaments
               whatsover
               thereunto
               belonging
               ,
               then
               or
               late
               in
               the
               occupation
               of
               
                 N.
                 P.
              
               to
               hold
               of
               the
               said
               King
               as
               of
               his
               Mannor
               of
               
                 C.
              
               in
               the
               County
               of
               
                 D.
              
               in
               Fee-socage
               ,
               and
               not
               in
               
                 Capite
                 ,
              
               for
               all
               Rents
               ,
               Services
               and
               demands
               whatsoever
               .
               And
               this
               Exceptant
               saith
               ,
               that
               the
               said
               Messuage
               ,
               called
               
                 C.
                 alias
                 E.
              
               Hall
               ,
               charged
               and
               given
               to
               the
               said
               charitable
               use
               ,
               is
               held
               of
               the
               said
               Mannor
               of
               
                 G.
              
               by
               fealty
               ,
               suit
               of
               Court
               ,
               and
               the
               yearly
               Rent
               of
               two
               shillings
               and
               eight
               pence
               ,
               as
               is
               herein
               before
               mentioned
               ,
               and
               therefore
               the
               same
               is
               differenced
               and
               plainly
               distinguished
               from
               the
               said
               Messuage
               and
               Premises
               ,
               called
               
                 C.
              
               in
               the
               possession
               of
               this
               Exceptant
               and
               his
               Tenants
               :
               And
               this
               Exceptant
               further
               saith
               ,
               that
               afterwards
               ,
               that
               is
               to
               say
               ,
               the
               nine
               and
               twentieth
               day
               of
               
                 April
                 ,
              
               in
               the
               third
               year
               of
               the
               Reign
               of
               the
               said
               late
               King
               
                 Edward
              
               the
               sixth
               ,
               the
               said
               
                 R.
                 W.
              
               and
               
                 W.
                 P.
              
               did
               by
               Deed
               of
               Feoffment
               ,
               and
               by
               other
               good
               Conveyances
               and
               Assurance
               in
               the
               Law
               ,
               convey
               and
               assure
               the
               aforesaid
               last
               mentioned
               Messuage
               ,
               called
               
                 C.
              
               (
               amongst
               other
               things
               )
               to
               
                 W.
                 C.
              
               and
               
                 J.
                 W.
              
               and
               their
               Heirs
               ,
               and
               afterwards
               
                 G.
                 C.
              
               Son
               and
               Heir
               of
               the
               said
               
                 W.
                 C.
              
               who
               had
               the
               said
               last
               mentioned
               Messuage
               ,
               called
               
                 C.
              
               by
               survivorship
               ,
               did
               by
               his
               Indenture
               of
               Bargain
               and
               Sale
               ,
               inrolled
               in
               
                 Chancery
                 ,
              
               
               dated
               the
               thirteenth
               day
               of
               
                 October
                 ,
              
               in
               the
               twelfth
               year
               of
               the
               late
               Queen
               
                 Elizabeth
                 ,
              
               bargain
               and
               sell
               the
               said
               last
               mentioned
               Messuage
               ,
               called
               
                 C.
              
               amongst
               other
               things
               ,
               to
               
                 W.
                 L.
              
               and
               his
               Heirs
               ,
               and
               afterwards
               the
               said
               
                 W.
              
               did
               by
               his
               Deed
               indented
               ,
               inrolled
               in
               
                 Chancery
                 ,
              
               dated
               the
               tenth
               of
               
                 July
                 ,
              
               in
               the
               thirteenth
               year
               of
               the
               Reign
               of
               the
               late
               Queen
               
                 Elizabeth
                 ,
              
               convey
               and
               assure
               the
               said
               last
               mentioned
               Messuage
               ,
               called
               
                 C.
              
               unto
               
                 T.
                 H.
              
               and
               his
               Heirs
               ,
               which
               said
               
                 T.
                 H.
              
               was
               Grandfather
               of
               this
               Exceptant
               ,
               and
               the
               same
               is
               by
               descent
               ,
               and
               other
               good
               Conveyance
               and
               Assurance
               in
               the
               Law
               ,
               lawfully
               vested
               and
               come
               unto
               this
               Exceptant
               ,
               and
               he
               now
               is
               lawfully
               seised
               thereof
               ,
               and
               ought
               to
               hold
               and
               enjoy
               the
               same
               ,
               free
               from
               the
               said
               charitable
               use
               .
            
          
           
             
               The
               third
               Exception
               .
            
             
               And
               thirdly
               ,
               This
               Exceptant
               saith
               ,
               that
               the
               said
               
                 T.
                 H.
              
               his
               Grandfather
               ,
               at
               the
               time
               of
               his
               purchase
               of
               the
               said
               last
               mentioned
               Messuage
               ,
               called
               
                 C.
              
               had
               no
               notice
               of
               the
               said
               charitable
               use
               ,
               and
               if
               the
               said
               Messuage
               were
               charged
               ,
               or
               chargeable
               therewith
               ,
               or
               liable
               thereunto
               ,
               as
               in
               truth
               it
               is
               not
               ,
               yet
               ought
               the
               same
               not
               to
               be
               charged
               therewith
               ;
               For
               that
               by
               the
               said
               Statute
               made
               in
               the
               three
               and
               fourtieth
               year
               of
               the
               Reign
               of
               the
               late
               Queen
               
               
                 Elizabeth
                 ,
              
               made
               for
               charitable
               uses
               ,
               it
               is
               provided
               and
               ordained
               ,
               that
               no
               Lands
               ,
               Tenements
               ,
               or
               Hereditaments
               given
               or
               appointed
               to
               any
               charitable
               uses
               shall
               be
               impeached
               by
               any
               Decrees
               or
               Orders
               of
               Commissioners
               for
               charitable
               uses
               ,
               the
               Purchasers
               having
               no
               notice
               of
               the
               said
               charitable
               uses
               .
            
          
           
             
               The
               fourth
               Exception
               .
            
             
               And
               fourthly
               ,
               This
               Exceptant
               saith
               ,
               that
               if
               it
               were
               true
               ,
               as
               in
               truth
               it
               is
               not
               ,
               That
               the
               said
               last
               mentioned
               Messuages
               ,
               called
               
                 C.
              
               were
               charged
               ,
               or
               chargeable
               with
               the
               said
               charitable
               use
               ,
               yet
               ought
               not
               the
               said
               Order
               or
               Decree
               made
               by
               the
               said
               Commissioners
               any
               ways
               to
               impeach
               or
               charge
               the
               said
               Messuage
               or
               Premises
               with
               the
               said
               charitable
               use
               ,
               or
               any
               ways
               to
               deprive
               this
               Exceptant
               thereof
               ;
               For
               that
               by
               the
               said
               Statute
               ,
               made
               in
               the
               three
               and
               fourtieth
               year
               of
               the
               Reign
               of
               the
               said
               late
               Queen
               
                 Elizabeth
                 ,
              
               It
               is
               Enacted
               ,
               that
               the
               said
               Act
               for
               charitable
               uses
               ,
               shall
               not
               extend
               to
               give
               power
               and
               authority
               to
               any
               Commissioners
               for
               charitable
               uses
               ,
               to
               make
               any
               Order
               ,
               Judgment
               or
               Decrees
               ,
               for
               or
               concerning
               any
               Mannors
               ,
               Lands
               ,
               Tenements
               ,
               or
               other
               Hereditaments
               ,
               assured
               ,
               conveyed
               ,
               granted
               ,
               or
               come
               unto
               the
               Queens
               Majesty
               ,
               the
               late
               King
               
                 Henry
              
               the
               eighth
               ,
               King
               
                 Edward
              
               the
               sixt
               ,
               
               or
               Queen
               
                 Mary
              
               by
               Act
               of
               Parliament
               ,
               surrender
               ,
               exchange
               ,
               relinquishment
               ,
               Escheat
               .
               Attainder
               ,
               Conveyance
               ,
               or
               otherwise
               .
               And
               forasmuch
               as
               it
               appeareth
               that
               the
               said
               Messuage
               and
               Premises
               last
               before
               mentioned
               ,
               called
               
                 C.
              
               was
               by
               the
               said
               late
               King
               
                 Edward
              
               6.
               by
               his
               Leters
               Patents
               ,
               dated
               the
               eighth
               day
               of
               
                 April
                 ,
              
               in
               the
               third
               year
               of
               his
               Reign
               ,
               granted
               (
               amongst
               other
               things
               )
               unto
               the
               said
               
                 R.
                 W.
              
               and
               
                 W.
                 P.
              
               and
               their
               Heirs
               ,
               as
               is
               herein
               before
               mentioned
               ;
               And
               therefore
               ,
               if
               the
               same
               had
               been
               any
               ways
               given
               to
               the
               said
               charitable
               use
               ,
               as
               in
               truth
               it
               was
               not
               ,
               yet
               ought
               the
               same
               now
               to
               be
               free
               from
               the
               same
               by
               force
               and
               vertue
               of
               the
               said
               Act
               of
               Parliament
               .
            
          
           
             
               The
               fifth
               Exception
               .
            
             
               And
               fifthly
               ,
               This
               Exceptant
               saith
               ,
               that
               the
               said
               Commission
               grounded
               upon
               the
               said
               Statute
               to
               the
               said
               Commissioners
               directed
               ,
               in
               pursuance
               whereof
               they
               made
               their
               Decree
               ,
               is
               not
               returned
               into
               this
               Honourable
               Court
               into
               the
               Office
               of
               the
               
                 Petty-bag
                 ,
              
               as
               it
               ought
               to
               be
               ;
               for
               all
               which
               Causes
               ,
               this
               Exceptant
               doth
               humbly
               pray
               the
               said
               Order
               &
               Decree
               may
               be
               reversed
               and
               made
               void
               ,
               and
               his
               said
               Messuage
               and
               Premises
               may
               be
               freed
               from
               the
               same
               ;
               And
               that
               this
               Exceptant
               may
               be
               dismissed
               with
               his
               reasonable
               costs
               and
               charges
               in
               this
               behalf
               wrongfully
               sustained
               .
            
          
        
         
         
           
             Answers
             to
             Exceptions
             .
          
           
             
               The
               Answer
               of
               
                 J.
                 L.
              
               and
               
                 S.
                 W.
              
               Church-wardens
               of
               
                 G.
                 T.
              
               in
               the
               County
               of
               
                 D.
              
               Respondants
               to
               the
               Exceptions
               of
               
                 T.
                 H.
              
               Gent.
               by
               him
               taken
               ,
               to
               the
               Decree
               in
               the
               said
               Exceptions
               mentioned
               .
            
          
           
             WHereas
             the
             said
             Exceptant
             doth
             except
             to
             and
             against
             the
             said
             Decree
             ,
             for
             that
             the
             Messuage
             or
             Tenement
             ,
             called
             
               C.
            
             given
             by
             the
             Will
             of
             
               A.
               B.
            
             therein
             named
             ,
             to
             the
             charitable
             use
             therein
             specified
             ,
             are
             not
             the
             Messuage
             ,
             Tenement
             and
             Lands
             in
             the
             occupation
             of
             the
             said
             Exceptant
             and
             his
             Tenants
             ,
             and
             which
             are
             charged
             and
             Decreed
             to
             the
             said
             charitable
             use
             :
             And
             also
             for
             that
             the
             Exceptants
             Grandfather
             
               T.
               H.
            
             therein
             named
             ,
             had
             at
             the
             time
             of
             his
             Purchase
             of
             the
             Premises
             in
             the
             occupation
             of
             him
             and
             his
             Tenants
             ,
             no
             notice
             of
             the
             said
             charitable
             use
             ;
             and
             that
             the
             said
             Premises
             were
             heretofore
             conveyed
             by
             Letters
             Patents
             from
             King
             
               Edward
            
             the
             sixth
             :
             And
             lastly
             ,
             for
             that
             the
             Commission
             directed
             to
             the
             Commissioners
             in
             the
             said
             Decree
             named
             ,
             wherein
             they
             made
             the
             
             said
             Decree
             ,
             was
             not
             returned
             into
             this
             Court
             at
             the
             time
             of
             the
             said
             Exception
             unto
             which
             Exceptions
             ,
             these
             
               Respondents
            
             saving
             unto
             themselves
             all
             advantages
             of
             Exception
             to
             the
             incertainties
             and
             insufficiencies
             thereof
             ,
             say
             ,
             That
             they
             are
             upon
             the
             matter
             ,
             strangers
             to
             the
             matters
             set
             forth
             by
             the
             said
             Exceptions
             ,
             having
             not
             lived
             very
             long
             in
             the
             said
             Parish
             ,
             and
             being
             no
             otherwise
             concerned
             then
             as
             Churchwardens
             thereof
             ;
             and
             it
             cannot
             be
             presumed
             they
             should
             know
             the
             facts
             and
             titles
             alledged
             by
             the
             said
             Exceptions
             of
             their
             own
             knowledge
             .
             But
             they
             say
             ,
             that
             the
             said
             Exceptant
             was
             severall
             times
             summoned
             and
             heard
             before
             the
             Commissioners
             that
             made
             the
             said
             Decree
             ,
             and
             the
             Jury
             by
             them
             impannelled
             ;
             And
             he
             brought
             his
             Learned
             Counsel
             with
             him
             ,
             who
             urged
             before
             the
             said
             Jury
             and
             Commissioners
             ,
             who
             were
             learned
             in
             the
             Law
             ,
             and
             good
             and
             honest
             men
             ,
             before
             their
             Verdict
             given
             ,
             or
             Decree
             made
             ,
             the
             substance
             and
             matter
             of
             the
             said
             Exception
             ,
             and
             what
             ever
             could
             be
             alledged
             against
             the
             decreeing
             of
             the
             Premises
             ,
             and
             the
             same
             Decree
             was
             made
             upon
             a
             full
             hearing
             of
             both
             sides
             .
             And
             one
             of
             the
             main
             points
             insisted
             on
             before
             the
             said
             Jury
             and
             Commissioners
             ,
             was
             the
             matter
             of
             the
             aforesaid
             first
             two
             Exceptions
             ,
             whether
             the
             Premises
             decreed
             to
             be
             charged
             with
             the
             charitable
             
             use
             ,
             were
             the
             Messuage
             ,
             Tenement
             ,
             and
             Lands
             given
             by
             the
             said
             Will
             ,
             yea
             or
             no
             ,
             it
             being
             a
             proper
             issue
             for
             a
             Jury
             of
             parcel
             ,
             or
             no
             parcel
             ,
             the
             same
             Premises
             in
             the
             occupation
             of
             the
             Exceptant
             were
             after
             a
             full
             and
             deliberate
             hearing
             and
             evidence
             on
             both
             sides
             found
             by
             the
             said
             Jury
             to
             be
             the
             same
             Tenements
             and
             Lands
             devised
             by
             the
             said
             Will
             .
             And
             the
             matter
             of
             the
             said
             two
             next
             Exceptions
             ,
             Whether
             the
             said
             Exceptants
             Grandfather
             had
             notice
             of
             the
             charitable
             use
             before
             ,
             or
             at
             his
             Purchase
             of
             the
             Premises
             ,
             or
             that
             the
             Premises
             were
             in
             the
             
               Crown
               ,
            
             yea
             ,
             or
             no
             ,
             being
             also
             proper
             for
             a
             Jury
             ,
             were
             likewise
             upon
             the
             like
             evidence
             then
             given
             ,
             found
             by
             the
             said
             Jury
             for
             the
             said
             Parish
             against
             the
             said
             Exceptant
             .
             And
             these
             
               Respondents
            
             verily
             believe
             ,
             the
             said
             Exceptant
             cannot
             but
             be
             satisfied
             with
             the
             said
             Verdict
             and
             Decree
             ,
             and
             doth
             trouble
             these
             
               Respondents
            
             and
             the
             said
             Parish
             ,
             onely
             to
             drive
             them
             to
             some
             composition
             or
             low
             terms
             of
             agreement
             :
             And
             in
             particular
             ,
             these
             
               Respondents
            
             say
             ,
             that
             they
             doubt
             not
             to
             make
             it
             appear
             by
             severall
             particulars
             ,
             and
             parcels
             of
             evidences
             and
             pleadings
             ,
             and
             proofs
             in
             severall
             Courts
             (
             if
             this
             Honorable
             Court
             should
             now
             think
             fit
             to
             put
             them
             thereunto
             after
             the
             said
             Deliberation
             and
             Verdict
             )
             that
             the
             Premises
             charged
             with
             the
             said
             charitable
             use
             ,
             are
             the
             same
             that
             
             were
             charged
             and
             devised
             by
             the
             said
             Will
             ,
             and
             that
             the
             Purchaser
             (
             if
             he
             was
             one
             )
             had
             and
             could
             not
             but
             have
             and
             take
             notice
             before
             ,
             and
             at
             the
             time
             of
             his
             Purchase
             :
             And
             likewise
             say
             ,
             that
             the
             said
             King
             
               Edward
            
             the
             sixth
             ,
             or
             his
             father
             ,
             
               Henry
            
             the
             8th
             ,
             Queen
             
               Mary
               ,
            
             or
             Queen
             
               Elizabeth
               ,
            
             or
             either
             of
             them
             ,
             were
             not
             at
             any
             time
             seised
             or
             intituled
             to
             be
             seised
             of
             the
             Premises
             ,
             or
             any
             part
             thereof
             ;
             and
             if
             the
             said
             King
             
               Edward
            
             the
             sixth
             made
             such
             Grant
             as
             aforesaid
             ,
             the
             same
             was
             not
             of
             these
             self-same
             Premises
             ,
             but
             of
             other
             Tenements
             ;
             and
             if
             it
             were
             ,
             the
             said
             King
             had
             no
             seisin
             or
             Inheritance
             of
             or
             in
             the
             said
             Lands
             ,
             or
             right
             so
             to
             grant
             the
             same
             ,
             nor
             doth
             the
             said
             Grant
             ,
             if
             any
             such
             be
             ,
             prejudice
             the
             charitable
             use
             ,
             as
             the
             
               Respondents
            
             are
             advised
             .
             And
             these
             
               Respondents
            
             further
             say
             ,
             that
             they
             are
             informed
             ,
             the
             said
             Commission
             is
             returned
             into
             this
             Court
             ,
             and
             there
             remains
             of
             Record
             :
             Wherefore
             these
             
               Respondents
            
             humbly
             pray
             the
             said
             Decree
             may
             stand
             ratified
             and
             confirmed
             ,
             and
             the
             said
             Decree
             and
             charitable
             Use
             may
             be
             performed
             ,
             and
             these
             
               Respondents
            
             discharged
             with
             their
             costs
             in
             this
             behalf
             most
             wrongfully
             sustained
             .
          
        
      
    
     
       
       
       
         
           THE
           TABLE
           .
        
         
           
             THe
             
               Statute
            
             of
             
               43.
               
               Elizabeth
               ,
            
             of
             charitable
             uses
             .
             
               Page
               1
            
          
           
             The
             heads
             of
             the
             said
             Statute
             ,
             
               10
            
          
           
             A
             Warrant
             to
             call
             the
             parties
             Defendants
             ,
             to
             appear
             before
             the
             Commissioners
             .
             
               17
            
          
           
             A
             Warrant
             to
             the
             Sheriff
             to
             return
             a
             Jury
             .
             
               19
            
          
           
             The
             Oath
             af
             the
             Jury
             .
             
               20
            
          
           
             Direction
             for
             expediting
             Inquisitions
             and
             Decrees
             .
             
               21
            
          
           
             An
             Inquisition
             whereby
             money
             is
             appointed
             to
             be
             paid
             yearly
             out
             of
             Copiheld
             Lands
             .
             
               22
            
          
           
             A
             Decree
             upon
             that
             Inquisition
             .
             
               43
            
          
           
             An
             Inquisition
             wherein
             Lands
             are
             found
             to
             be
             given
             to
             a
             Church
             for
             charitable
             uses
             .
             
               27
            
          
           
           
             An
             Inquisition
             upon
             a
             Gift
             of
             Lands
             for
             repair
             of
             a
             Church
             ,
             and
             repair
             of
             High-ways
             .
             
               page
               29
            
          
           
             An
             Inquisition
             upon
             a
             Will
             for
             building
             of
             an
             Almshouse
             .
             
               111
            
          
           
             An
             Inquisition
             upon
             a
             Gift
             of
             Land
             given
             to
             a
             Free-School
             .
             
               115
            
          
           
             A
             Decree
             upon
             the
             Inquisition
             in
             the
             seven
             and
             twentieth
             
               page
               .
               130
            
          
           
             Eexceptions
             to
             a
             Decree
             .
             
               137
            
          
           
             The
             Answer
             to
             those
             Exceptions
             .
             
               148
            
          
           
             A
             Decree
             wheren
             fourty
             shillings
             
               per
               annum
            
             given
             out
             of
             Copihold
             Lands
             is
             Decreed
             ,
             in
             which
             the
             Inquisition
             is
             recited
             .
             
               45
            
          
           
             
               Winsor
            
             and
             
               Hiltons
            
             Case
             in
             Michael
             .
             Term
             ,
             
               1626.
               55
            
          
           
             Six
             Questions
             resolved
             in
             Michaelmas
             Term
             ,
             the
             four
             and
             fourtieth
             of
             
               Elizab.
            
             by
             
               Egerton
               ,
               Popham
               ,
               Anderson
            
             and
             
               Coke
               .
               57
            
          
           
             
               East-Greensteds
            
             Case
             in
             Trinity
             ,
             in
             
               9.
               
               Caroli
               .
               60
            
          
           
             The
             poor
             of
             
               Waltham
               Stows
            
             Case
             ,
             in
             
               4.
               
               Caroli
               .
               64
            
          
           
             The
             Inhabitants
             of
             
               East-Greensteds
            
             Case
             .
             in
             Mich.
             
             Term
             ,
             in
             
               10.
               
               67
            
          
           
             The
             Case
             of
             
               Sutton
               Colfield
            
             in
             Com.
             Warwick
             ,
             in
             Hil.
             
               11.
               
               Caroli
               .
               69
            
          
           
             The
             Mayor
             of
             
               Morpeths
            
             Case
             ,
             in
             
               5.
               
               Caroli
               .
               72
            
          
           
           
             The
             Case
             of
             the
             Inhabitants
             of
             
               Woodford
            
             in
             Essex
             ,
             in
             Hil.
             in
             
               14.
               
               Caroli
               .
               74
            
          
           
             The
             Case
             of
             
               Heming
               Hastings
            
             in
             Warwickshire
             ,
             in
             
               6.
               
               Jacobi
               .
               86
            
          
           
             The
             School
             of
             
               Thetfords
            
             Case
             upon
             a
             Bill
             exhibited
             in
             Parliament
             ,
             in
             
               8.
               
               Jacobi
               .
               78
            
          
           
             Dame
             
               Billingsleys
            
             Case
             ,
             in
             
               12.
               
               Jacobi
               .
               80
            
          
           
             
               Collinsons
            
             Case
             ,
             in
             
               15.
               
               Jacobi
               .
               81
            
          
           
             Sir
             
               Thomas
               Middletons
            
             Case
             ,
             in
             
               1617.
               82
            
          
           
             
               Rivets
            
             Case
             ,
             in
             
               15.
               
               Jacobi
               .
               83
            
          
           
             
               Barnard
               Hidd's
            
             Case
             .
             
               87
            
          
           
             The
             Case
             between
             
               Plat
            
             and
             the
             
               Master
            
             and
             
               Fellows
            
             of
             St.
             
             
               Johns
            
             Colledge
             in
             Cambridge
             ,
             in
             Mich.
             
               14
               Caroli
               .
               89
            
          
           
             
               Jesus
               Colledge
            
             Case
             in
             the
             Court
             of
             Wards
             referred
             to
             the
             Judges
             in
             
               13.
               
               Jacobi
               .
               91
            
          
           
             The
             Lord
             
               Edward
               Mountagues
            
             Case
             in
             the
             Court
             of
             Wards
             ,
             in
             
               17.
               
               Jacobi
               .
               92
            
          
           
             
               Seymor
            
             against
             the
             poor
             of
             
               Twyford
               Trinity
               1634.
               93
            
          
           
             The
             Poore
             of
             
               East-Greenstead
            
             against
             
               Howard
               ,
            
             in
             
               8.
            
             and
             
               10.
               
               Caroli
               .
               94
            
          
           
             
               Hungate
            
             on
             the
             part
             of
             the
             Inhabitants
             of
             
               Herborne
            
             in
             
               3.
               
               Caroli
               .
               94
            
          
           
           
             
               Steward
            
             against
             
               Germyn
               ,
            
             in
             
               41.
               Elizab.
               95
            
          
           
             
               Hellams
            
             Case
             ,
             in
             
               5.
               
               Caroli
               .
               95
            
          
           
             The
             Schoole
             of
             
               Rigbyes
            
             Case
             ,
             in
             
               2.
               
               Caroli
               .
               96
            
          
           
             
               Hensons
            
             Case
             ,
             in
             
               41.
               Eliz.
               97
            
          
           
             
               Wingfields
            
             Case
             ,
             in
             
               4.
               
               Caroli
               .
               97
            
          
           
             
               Goffe
            
             against
             
               Web
               ,
            
             in
             
               44.
               Eliz.
               97
            
          
           
             
               Champion
            
             against
             
               Smith
               ,
            
             in
             
               3.
               
               Jacobi
               98
            
          
           
             
               Stoddards
            
             Case
             ,
             in
             
               20.
               
               Jacobi
               .
               98
            
          
           
             The
             Case
             of
             the
             Mayor
             and
             Burgesse
             of
             
               Redding
            
             against
             
               Lane
               ,
            
             in
             
               43.
               Eliz.
               99
            
          
           
             The
             Mayor
             of
             
               Bristol
            
             against
             
               Whitton
               ,
            
             in
             
               8.
            
             and
             
               9.
               
               Caroli
               .
               100
            
          
           
             The
             Case
             between
             
               Fisher
            
             and
             
               Hills
               ,
            
             in
             
               10.
               
               Jacobi
               .
               ibid.
            
          
           
             
               Peacock
            
             against
             
               Thewer
            
             in
             
               Mich.
               14.
               
               Caroli
               .
               100
            
          
           
             
               Pennington
            
             against
             
               Jennys
               ,
            
             in
             
               2.
               
               Caroli
               .
               101
            
          
           
             
               Pember
            
             against
             the
             Inhabitants
             of
             
               Kingston
               ,
            
             in
             Trin.
             
               15.
               
               Caroli
               .
               ibid.
            
          
           
             
               Penstred
            
             against
             
               Panyer
               ,
            
             in
             Trin.
             
               15.
               
               Caroli
               .
               102
            
          
           
             
               Bramble
            
             against
             the
             poor
             of
             
               Havering
               ,
            
             in
             Trin.
             
               15.
               
               Caroli
               .
               ibid.
            
          
           
             The
             
               Mayor
            
             of
             
               Londons
            
             Case
             .
             
               103
            
          
           
           
             The
             Poor
             of
             
               Chelmsfords
            
             Case
             in
             Michaelmas
             Term
             .
             
               1644.
               103
            
          
           
             The
             Cause
             where
             Tenant
             in
             
               Capite
            
             Devised
             all
             his
             Lands
             to
             charitable
             uses
             .
             
               107
            
          
        
         
           FINIS
           .
        
      
       
         Notes, typically marginal, from the original text
         
           Notes for div A86251e-600
           
             Essex
             .
             ss.
          
           
             Essex
             .
          
           
             Essex
             ss.
          
           
             Essex
             ss.
          
           
             Devon
             .
             ss.
          
           
             Essex
             .
          
           
             Essex
             .
          
           
             Devon
             .
             ss.
          
           
             Devon
             .
             ss.
          
           
             Cambr.
             
          
        
      
      
  

