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
late King Edward the sixth the said R. W. and W. P. did by Deed of Feoffment and by other good Conveyances and Assurance in the Law convey and assure the aforesaid last mentioned Messuage called C. amongst other things to W. C. and J. W. and their Heirs and afterwards G. C. Son and Heir of the said W. C. who had the said last mentioned Messuage called C. by survivorship did by his Indenture of Bargain and Sale inrolled in Chancery dated the thirteenth day of October in the twelfth year of the late Queen Elizabeth bargain and sell the said last mentioned Messuage called C. amongst other things to W. L. and his Heirs and afterwards the said W. did by his Deed indented inrolled in Chancery dated the tenth of July in the thirteenth year of the Reign of the late Queen Elizabeth convey and assure the said last mentioned Messuage called C. unto T. H. and his Heirs which said T. H. was Grandfather of this Exceptant and the same is by descent and other good Conveyance and Assurance in the Law lawfully vested and come unto this Exceptant and he now is lawfully seised thereof and ought to hold and enjoy the same free from the said charitable use The third Exception And thirdly This Exceptant saith that the said T. H. his Grandfather at the time of his purchase of the said last mentioned Messuage called C. had no notice of the said charitable use and if the said Messuage were charged or chargeable therewith or liable thereunto as in truth it is not yet ought the same not to be charged therewith For that by the said Statute made in the three and fourtieth year of the Reign of the late Queen Elizabeth made for charitable uses it is provided and ordained that no Lands Tenements or Hereditaments given or appointed to any charitable uses shall be impeached by any Decrees or Orders of Commissioners for charitable uses the Purchasers having no notice of the said charitable uses The fourth Exception And fourthly This Exceptant saith that if it were true as in truth it is not That the said last mentioned Messuages called C. were charged or chargeable with the said charitable use yet ought not the said Order or Decree made by the said Commissioners any ways to impeach or charge the said Messuage or Premises with the said charitable use or any ways to deprive this Exceptant thereof For that by the said Statute made in the three and fourtieth year of the Reign of the said late Queen Elizabeth It is Enacted that the said Act for charitable uses shall not extend to give power and authority to any Commissioners for charitable uses to make any Order Judgment or Decrees for or concerning any Mannors Lands Tenements or other Hereditaments assured conveyed granted or come unto the Queens Majesty the late King Henry the eighth King Edward the sixt or Queen Mary by Act of Parliament surrender exchange relinquishment Escheat Attainder Conveyance or otherwise And forasmuch as it appeareth that the said Messuage and Premises last before mentioned called C. was by the said late King Edward 6. by his Leters Patents dated the eighth day of April in the third year of his Reign granted amongst other things unto the said R. W. and W. P. and their Heirs as is herein before mentioned And therefore if the same had been any ways given to the said charitable use as in truth it was not yet ought the same now to be free from the same by force and vertue of the said Act of Parliament The fifth Exception And fifthly This Exceptant saith that the said Commission grounded upon the said Statute to the said Commissioners directed in pursuance whereof they made their Decree is not returned into this Honourable Court into the Office of the Petty-bag as it ought to be for all which Causes this Exceptant doth humbly pray the said Order Decree may be reversed and made void and his said Messuage and Premises may be freed from the same And that this Exceptant may be dismissed with his reasonable costs and charges in this behalf wrongfully sustained Answers to Exceptions The Answer of J. L. and S. W. Church-wardens of G. T. in the County of D. Respondants to the Exceptions of T. H. Gent. by him taken to the Decree in the said Exceptions mentioned WHereas the said Exceptant doth except to and against the said Decree for that the Messuage or Tenement called C. given by the Will of A. B. therein named to the charitable use therein specified are not the Messuage Tenement and Lands in the occupation of the said Exceptant and his Tenants and which are charged and Decreed to the said charitable use And also for that the Exceptants Grandfather T. H. therein named had at the time of his Purchase of the Premises in the occupation of him and his Tenants no notice of the said charitable use and that the said Premises were heretofore conveyed by Letters Patents from King Edward the sixth And lastly for that the Commission directed to the Commissioners in the said Decree named wherein they made the said Decree was not returned into this Court at the time of the said Exception unto which Exceptions these Respondents saving unto themselves all advantages of Exception to the incertainties and insufficiencies thereof say That they are upon the matter strangers to the matters set forth by the said Exceptions having not lived very long in the said Parish and being no otherwise concerned then as Churchwardens thereof and it cannot be presumed they should know the facts and titles alledged by the said Exceptions of their own knowledge But they say that the said Exceptant was severall times summoned and heard before the Commissioners that made the said Decree and the Jury by them impannelled And he brought his Learned Counsel with him who urged before the said Jury and Commissioners who were learned in the Law and good and honest men before their Verdict given or Decree made the substance and matter of the said Exception and what ever could be alledged against the decreeing of the Premises and the same Decree was made upon a full hearing of both sides And one of the main points insisted on before the said Jury and Commissioners was the matter of the aforesaid first two Exceptions whether the Premises decreed to be charged with the charitable use were the Messuage Tenement and Lands given by the said Will yea or no it being a proper issue for a Jury of parcel or no parcel the same Premises in the occupation of the Exceptant were after a full and deliberate hearing and evidence on both sides found by the said Jury to be the same Tenements and Lands devised by the said Will And the matter of the said two next Exceptions Whether the said Exceptants Grandfather had notice of the charitable use before or at his Purchase of the Premises or that the Premises were in the Crown yea or no being also proper for a Jury
appointed to govern or direct such Lands Tenements or things disposed to any the uses aforesaid neither to any Colledge Hospitall or Free-school which have speciall Visitors or Governors or Overseers appointed them by their Founders Provided also and be it enacted by the Authority aforesaid that neither this Act nor any thing therein contained shall be any way prejudiciall or hurtfull to the jurisdiction of the Ordinary or power of the Ordinary but that he may lawfully in every cause execute and perform the same as though this Act had never been had or made Provided also and be it enacted That no person or persons that hath or shall have any of the said Lands Tenements Rents Annuities Profits Hereditaments goods Chattels Money or Stocks of Money in his hands or possession or doth or shall pretend Title thereunto shall be named a Commissioner or a Iuror for any the causes aforesaid or being named shall execute or serve in the same And Provided also That no person or persons which hath purchased or obtained or shall purchase or obtain upon valuable consideration of Money or Land any Estate in or Interest of in to or out of any Lands Tenements Rents Annuities Hereditaments Goods or Chattels that have been or shall be given limited or appionted to any of the charitable Vses above mentioned without fraud or covin having no notice of the same charitable Vses shall not be impeached by any Decrees or Orders of Commissioners above mentioned for or concerning the same his Estate or Interest And yet neverthelesse be it enacted that the said Commissioners or any four or more of them shall and may make Decrees and Orders for recompence to be made by any person or persons who being put in trust or having notice of the charitable Vses above mentioned hath or shall break the same trust or defraud the same Vses by any conveyance gift grant lease demise release or conversion whatsoever and against the Heirs Executors and Administrators of him them or any of them having assets in Law or equity so far as the same assets will extend Provided always that this Act shall not extend to give power or authority to any Commissioners before mentioned to make any Orders Iudgements or Decrees for or concerning any Mannors Lands Tenements or other Hereditaments assured conveyed granted or come unto the Queens Majesty to the late King Hen. the 8. King Edw. the 6. or Q. Mary by Act of Parliament surrender exchange relinquishment escheat attainder conveyance or otherwise And yet neverthelesse be it enacted That if any such Mannors Lands Tenements or Hereditaments or any of them or any Estate rent or profit thereof or out of the same or any part thereof have or hath been given granted limited appointed or assigned to or for any the charitable Vses before expressed at any time since her Majesties Reign that then the said Commissioners or any four or more of them shall and may as concerning the same Lands Tenements Hereditaments Estate Rent or Profit so given limited appointed or assigned proceed to enquire and to make Orders Iudgements and Decrees according to the purport and meaning of this Act as before is mentioned in the last said mentioned Proviso notwithstanding And be it further enacted that all Orders Iudgements and Decrees of the said Commissioners or of any four or more of them shal be certified under the seals of the said Commissioners or any four or more of them either into the Court of the Chancery of England or into the Court of the Chancery within the County Palatine of Lancaster as the case shall require respectively according to their severall jurisdictions within such convenient time as shall be limited in the said Commission And that the said Lord Chancellor or Lord Keeper and the said Chancellor of the Dutchie shall and may within their said severall jurisdictions take such order for the due execution of all or any of the said Iudgments Orders Decrees as to either of them shall seem fit and convenient And that if after any such certificate or certificates made any person or persons shall find themselves grieved with any of the said Orders Iudgments or Decrees that then it shall and may be lawfull to and for them or any of them to complain in that behalf unto the said Lord Chancellor or Lord Keeper or to the Chancellor of the said Dutchie of Lancaster according to their severall jurisdictions for redresse therein and that upon such complaint the said Lord Chancellor or Lord Keeper or the said Chancellor of the Dutchie may according to their said severall jurisdictions by such course as to their wisdome shall seem meetest the circumstances of the case considered proceed to the examination hearing and determining thereof and upon hearing thereof shall and may adnull diminish alter or enlarge the said Orders Iudgements and Decrees of the said Commissioners or any four or more of them as to either of them in their said severall jurisdictions shall be thought to stand with equity and good conscience according to the true intent and meaning of the Donors and Founders thereof and shall and may tax and award good costs of suit by their discretions against such persons as they shall finde to complain unto them without just and sufficient cause of the Orders Iudgements and Decrees before mentioned The heads of the Statute of Charitable Uses BY this Statute Authority is given to the Lord Chancellor or Lord Keeper and to the Chancellor of the Dutchy respectively to grant Commissions under their severall seales Concerning these Commissions these six things are to be observed 1. The number the Commissioners must be four or more 2. The Commissioners must be the Bishop and Chancellor of the Diocesse if there be a Bishop and other persons of good and sound behaviour 3. In that Commission any four of them doe suffice to make Orders and Decrees for therein none is of the Quorum 4. None shall be Commissioners that have any part of the Land c. or goods or chattels money or stocks in question 5. The Commission is to limit a certain time within which the Commissioners are to order decree and certifie 6. Their Authority is to enquire as well by the Oaths of twelve men or more as by all other good wayes and means Concerning the Jurors or Enquest of enquiry these two things are to be observed 1. The parties interessed may have their lawfull challenge and challenges 2. None that pretend title to any of the lands c. goods chattels money or stocks in question shall be a Juror c. They are to enquire of all and singular gifts limitations and appointments of any Lands Tenemens Rents Annuities Profits Hereditaments Goods Chattels Money Stocks of money for 21 Charitable uses in relieving maintaining repairing educating preferring marrying supporting aiding helping redressing and easing 1 For reliefe of aged and impotent and poor people 2 For maintenance of sicke and maymed soldiers 3 Schools of Learning 4 Free
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
this Decree Witnesse Directions When a Commission is first sued out it is good to give notice to the Churchwardens and Overseers for the Poor of Parishes neer where the Commissioners sit after this Manner The second day of May 1610. By the Commissioners for Charitable Uses sitting at B. in the County of C. WHereas a Commission under the Great Seal of England bearing date at Westminster the tenth day of January 1610. Hath been directed to divers persons dwelling and inhabiting within the County aforesaid authorizing them or any four or more of them to enquire by such ways and means as in the said Commission is mentioned what Lands Tenements Rents Annuities Profits Hereditaments Goods Chattels Mony and stocks of mony have been heretofore given by any well disposed person or persons for relief of aged impotent and poor people maintenance of sick and maimed Soldier and Marriners Schools of Learning Free-Schools and Schollars of Universities repair of Bridges Ports Havens Causways Churches Sea-bancks and High-ways for Education and Preferment of Orphanes for or towards the relief stock or maintenance for houses of Correction marriage of poor Maids supportation aid and help of young Tradesmen Handycrafts men and persons decayed release and redemption of Captives aid or case of any poor Inhabitants concerning payment of Fifteens setting out of Soldiers and other Taxes and of the abuses breaches of Trust negligences misimployment not imploying concealing defrauding misconverting and misgovernment of the same Lands Tenements stocks of Money and other things given to any of the Charitable Uses aforesaid and to set down such Orders Judgements and Decrees as that the same Lands Tenements Money and other things may be duly imployed to and for such of the Charitable Uses aforesaid for which they were given limited or appointed by the Doxors and Founders thereof It is this day Ordered by the said Commissioners that notice be given to all Parishes and places within the said County of C. of the Commission aforesaid and the power thereby given to the said Commissioners that so all persons that have occasion may take the benefit of the said Commission and have remedy and redresse thereby and withall that directions be given that such persons as do come to the said Commissioners for relief in the Premisses do bring with them the Wills Evidences Charters and Writings whereby the Charitable Vses do appear to be given created limited assigned and appointed and sufficient witnesse to prove the breaches of Trust not imploying or misimployment of such things as shall be so abused not imployed or misimployed as aforesaid By T. W. Clerk attending the said Commissioners Decrees AT R. within the said County on Tuesday the ninth day of September in the one and twentieth year of the raign of our Soveraign Lord Charles by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. An. Dom. 1645. Whereas a Commission under the great Seal of England hearing date the eighth day of February last past hath been directed to W. C. J. H. C. M. G. W. Esquires and G. M. Gent. and to divers other persons dwelling and inhabiting within the said County authorizing them or any foure or more of them to enquire by the oathes of twelve good and lawfull men or more of the County as by all other good and lawfull waies and means of all and singular Lands Tenements Rents Annuities Profits Hereditaments Goods Chattels Mony and Stocks of Mony heretofore given limited appointed and assigned by any well disposed Person to or for any the Charitable and Godly uses in the said Commission mentioned within the said County And of the Abuses Breaches of Trusts Negligences Mis-imployments not Imploying Concealing Defrauding Mis-converting or Mis-government of the same Lands Tenements Rents Annuities and other things and for the setting down such Orders Judgments and Decrees as that the same Lands Tenements Rents Annuities Profits Goods Chattels Mony and Stocks of Mony may be duly and faithfully imployed to and for the Charitable uses and intents for which the same were given limited assigned and appointed by the Donors and Foundors thereof according to a Statute made in the three and fortieth year of the raign of the late Queen Eliz. Intituled An Act made to redress the Mis-imployments of Lands Goods and Stocks of Mony heretofore given to Charitable uses And whereas the said W. C. J. H. C. M. and G. M. being foure of the Commissioners named and authorized in and by the said Commission meeting for the execution thereof at the day and place aforesaid It was then and there found by the oaths of J. F. R. L. c. good and lawfull men of the said County That one A. B. as in and by the said Inquâ—sition hereunto annexed it doth and may appear c. Now they the said W. C. J. H. C. M. G. W. and G. M. having heard the said T. H. and his Councell touching the Premises and being of opinion that the gift of the said Messuage Tenements and Premises by the said A. B. in manner and forme aforesaid is a good Gift Limitation Appointment and Assignment of the same Messuage Tenements and Premises to and for the said Charitable use within the intent of the Statute before mentioned And for that it appeareth to the said Commissioners by the said Will and Inquisition that but onely part of the Issues and Revenues of the said Tenements and Premises were appointed by the said Will to be bestowed to the maintenance of the superstitious uses therein mentioned and that the value of the mony appointed for the said superstitious uses doth not amount to above twenty shillings per annum at the most And for that it doth not appear unto the said Commissioners that any part of the Rents and Profits of the said Tenements and Premises were at any time within five years before the first day of the Parliament begun the fourth day of November one thousand five hundred forty seven and in the first year of the reign of King Edward the sixth late King of England imployed paid or bestowed to the maintenance of the said Obit and other the superstitious uses before mentioned or any of them And forasmuch as it appeareth by the intent of the said Will that Feoffes ought to be appointed successively and the said House and Premises were to be conveyed unto them for the more legall and faithfull continuance and imployment of the Rents and Profits of the same to the Charitable use aforesaid to the end intent and purpose therefore that the Rents and Profits of the said Lands Tenements and Premises may be duly and faithfully imployed in and for the charitable use to and for which the same were limited appointed and assigned by the Donor thereof as aforesaid They the said W. C. J. H. C. M. and G. M. do by vertue of the said Statute and Commission Order and Decree that the said T.H. the Grand-child T.C. J. C. and all and every