No. 7. 15 Richd. II. It is within the Compass of the Statute of Moit any Land to a Church-yard. ❝ sons, "Gift, or Term, or any other §. "Manner of Title whatsoever, "receive of any Man, or in any "Manner by Gift or Engine cause "to be appropriated unto him any Lands or Tenements, upon "Pain of Forfeiture of the same, "whereby the said Lands and "Tenements in any Manner "might come to Mortmain. And "if any Religious, or any other, "do against the said Statute by ، Art or Engine in any Manner, maiu to convert "that it be lawful to the King, " and to other Lords, upon the "said Lands and Tenements to "enter, as in the said Statute "doth more fully appear. And now of late by subtile Imagina❝tion, and by Art, and Engine, ،، some religious Persons, Parsons, ، Vicars, and other spiritual Per. have entered in divers "Lands and Tenements, which "be adjoining to their Churches, "and of the same, by Sufferance “ and Assent of the Tenants, have "made Church-yards, and by "Bulls of the Bishop of Rome "have dedicated and hallowed "the same, and in them do make "continually Parochial Burying "without Licence of the King and of the chief Lords;" therefore it is declared in this Parliament, That it is manifestly within the Compass of the said ، Statute. And moreover it is agreed and assented, That all ، they that be possessed by Feoffment, or by other Manner, to the Use of religious l'eople, or other spiritual Persons, of Lands and Tenements, Fees, Advow. sons, or any Manner other Pos⚫ sessions whatsoever, to amortise them, and whereof the said religious and spiritual Persons take the Profits, that betwixt this and the Feast of St. Michael next . coming, they shall cause them to be amortised by the Licence ' of the King and of the Lords, or else that they shall sell and aliene them to some other Use ⚫ between this and the said Feast upon Pain to be forfeited to the King, and to the Lords, according to the Form of the said Mortmain where" some be seised of of religious or spi Lands to the Use Pitual Persops. terme ou dautre title queconqe dascun resceive ou dascun en ascune manere par art ou par engyn a luy face approprier ascunes terres ou tenementz sur forfaiture dycelles par quoi les ditz terres & tenementz purront en ascune manere devenir a mort mayn. Et qe si ascun religious ou ascun autre veigne encontre le dit estatut par art ou par engyn en ascune manere bien lise au Roi & as autres Seignurs les ditz terres & tenementz entrer sicome en le dit estatut est contenuz plus au plein. Et ore de novell par sotile y magination & par art & engyn ascuns gentz de religion parsons vikers & autres persones espiritiels sont entrez en diverses terres & tenementz adjoignantz a lour esglise & dycelles par suffrance & assent de tenantz ont sait cimiters & par bulles de appostoill les ont fait dedier & sacrer ffi sepulture parochiele font continuelment en ycelles sanz licence du Roi & des chiefs Seignurs declare est en cest present parlemente qe ce est overtement en cas du dit estatut. Et enoutre accordez est & assentuz qe toutz ceux qe sont possessionez par feoffement ou par autre voie al oeps de gentz de religion ou autres persones espiritiels des terres tenementz fees advqesons ou autres possessions queconges par les amortiser & dont les ditz religiouses & persones espiritiels preignent les profitz qe parentre cy & le fest de Seint Michel prochein venant ils les facent estre amortisez par licence du Roi & des Seignurs ou autrement qils les vendent & alienent a autre oeps parentre cy & le dit fest sur peine destre forfaitz au Roi & as Seignurs solonc la fourme de lestatut de re No. 7. Statute of Religious, as Lands ligious come tenementz purchasez to Offices, Commɔu which have Offices perpetual, Use, and they thereof take the Profits, it shall be done in like • Manner as is aforesaid of People ⚫ of Religion.' Lauds in Use. No. 8. 23 Henry VIII. c. 10.-An Act for Feoffments and Assurances of Lands and Tenements made to the Use of any Parish Church, Chapel, or such like,* WHERE by Reason of Feoffments, Fines, Recoveries, and 23 H. VII. c. 10. other Estates, and Assurances, made of Trusts, of Manors, Lands, Tenements, and Hereditaments, to the Use of Parish Churches, Chapels, Church-Wardens, Guilds, Fraternities, Com monalties, Companies, or Brotherheads erected and made of Devotion, or by common Assent of the People without any Corporation, and also by Reason of Feoffments, Fines, Recoveries, Wills, and other Acts made to any Uses aforesaid, or to the Uses and Intents to have Obites perpetual, or a continual Service of a Priest for ever, 'or for Threescore, or Fourscore Years, founden of the Issues and Profits of the Manors, Lands, Tenements, and Hereditaments, ' whereof such Feoffments, Fines, Recoveries, Wills, and other Acts 'been made, or that the Feoffees, Conisees, Recoverers, or other • Persons, and their Heirs thereof seised, shall take, levy, receive, See the Cases on this Statute, Comyn's Uses, M. See also St. 1 Ed. VI. c. 14, for Churches Collegiate, and Smart v. Prujean, 567De Garner v. Lawson, 4 Vesey, 433-Da Costa v. Depas, Ambl. 228-Cary V. Abbott, 7 Vesey, 490. No. 8. 23 H. VIII. c. 10. ' and perceive, or cause or suffer to be taken, levied, and perceived the Issues, Revenues, and Profits thereof, and the same to dispose, pay, convert, or otherwise imploy or suffer, or cause to be disposed, paid, converted, or imployed to any such Uses, Intents, or Purposes, as have been above specified, or to any other like Uses and Intents; there groweth and issueth to the King our Sovereign Lord, and to other Lords and Subjects of the Realm, the same like Losses and Inconveniencies, and is as much prejudicial to them, as doth, and is, in Case where Lands be aliened into Mortmain :' II. Be it therefore enacted by the King our Sovereign Lord, the Assurances of Lords Spiritual and Temporal, and the Commons, in this present Lands to Church Parliament assembled, and by the Authority of the same, That all es, Chapels &c. and every such Uses, Intents, and Purposes, of what Name, Nature, shall be void. Cro. El. 288. 11 Co. 71. or Quality they shall be called, that shall be devised, covenanted, made, declared, or in any wise ordained, after the First Day of March, in the Three and twentieth Year of the Reign of our Sovereign Lord King HENRY the Eighth, by any Feoffee, Recoverer, or Conisee, or by any other Person or Persons to whose Use any such Feoffee, Recoverer, or Conisee shall be seised, of any Manors, Lands, Tenements, or Hereditaments, or of the Issues, Revenues, and Profits of them, or any of them, shall be utterly void, and of no Strength, Virtue, nor Effect in the Law. III. Provided alway, That it shall be lawful to every Person, Proviso for Assu- being seised of any Manors, Lands, Tenements, or Hereditaments, rances of Lands to his own proper Use, or having Feoffees, Recoverors, or Conisees to Churches, &c. to his Use, to make, ordain, or devise, or cause to be made, ordained, for 20 Years. rances in defraud. shall be void. or devised, any of the Uses, Intents, and Purposes above specified, in such Manner as they might have done before the making of this Act, and as if this Act had never been had ne made; so that no such Uses, Intents, or Purposes to be so made, ordained, or devised after the said First Day of March, be not in any wise made, ordained, devised, or appointed, to endure, continue, or abide by any Craft, Colour, Terms, Sentences, Clauses, Words, or other Means, above the Term of Twenty Years next after the first making and beginning of any such Uses, Intents, or Purposes. IV. And it is further enacted, That if any Person or Persons, Collateral Assu- in Defraud of this Statute, bind or ordain any their Heirs or Sucing of the Statute Cessors, or any other Person or Persons, that they shall suffer such Uses, Intents, and Purposes to endure and continue, contrary to this Act, upon Pains or Penalties of Losses of any other Lands, Tenements, or Hereditaments, or of any other Thing or Things; or do attempt or devise by any Colour, Craft, or Means, any Thing or Things, to make any such Uses, Intents, or Purposes to be declared, contrary to the true Meaning of this Act, to continue or abide for any longer Time or Season than is above limited for the same; that then every such Pain, Penalty, Craft, Colour, and every other Thing and Things, of what Kind, Nature, or Quality soever it be that shall be so made, ordained, or devised in Defraud of this Act, shall be utterly void in the Law to all Intents; and that this Stafute shall be always interpreted and expounded, as beneficially as may be, to the Destruction and utter avoiding of such Uses, Intents, and Purposes therein above remembered, and of all other like Uses and Intents, otherwise than only after such Manner as is afore by this present Act provided. V. Provided alway, That in such Cities, and Towns Corporate, and Towns to de- where by their ancient Customs they have good and lawful Authori vise Lands, saved. ties to devise into Mortmain the Lands, Tenements, and Hereditaments, within the same Cities or Towns Corporate, that this Act shall not be in any wise prejudicial or hurtful to any such Custom. Customs of Cities No. 8. ecutors of Jannis VI. Provided alway, That this Act, ne any Thing therein contained, shall extend, or be in any wise prejudicial, to hinder or impair 93 H. Vill. c. 10. any such Ordinances, Devices, or Declarations of Uses, as shall Proviso for the hereafter be made and declared in Writing, by the Executors of the Devises of the ExTestaments and last Wills of Robert Jannis and John Terry, late and Terry of the Aldermen of the City of Norwich, now deceased, or by the Executors City of Norwich. or the Survivor of the Executors of either of them, of any Lands, Tenements, or Hereditaments, not amounting in the whole above the clear yearly Value of Forty Pounds, to be imployed and converted to and for the Discharge of Tolls and Customs within the said City, and at the Gates of the same, for the Discharge of the poor People within the same City, of Taxes and Tallages hereafter to be assessed and levied, and for the cleansing of the Streets of the same City, or for any of the said good Purposes, according to the true Intents and Meanings of the said last Wills and Testaments, and either of them; so that the same Ordinances, Devices, and Declarations be had, made, and certified in Writing into the King's Court of Chancery, within Two Years next ensuing the Feast of Easter next coming. No. 9. 43 Elizabeth, c. 4.-An Act to redress the Mis-employment of Lands, Goods, and Stocks of Money heretofore given to certain charitable Uses.* WHER HEREAS Lands, Tenements, Rents, Annuities, Profits, He- 43 Bliz. c. 4. reditaments, Goods, Chattels, Money and Stocks of Money, Commissioners have been heretofore given, limited, appointed and assigned, as well authorized to enby the Queen's most excellent Majesty, and her most noble Pro- quire of Misem ployment of Lands genitors, as by sundry other well disposed Persons; some for Relief or Goods given to of aged, impotent and poor People, some for Maintenance of sick Hospitals, &c. and maimed Soldiers and Mariners, Schools of Learning, Free be performed. Schools, and Scholars in Universities, some for Repair of Bridges, 2 Inst. 707. Ports, Havens, Causways, Churches, Sea-Banks and Highways, Vin. V.4–476. 'some for Education and Preferment of Orphans, some for or towards Their Orders shall Relief, Stock or Maintenance for Houses of Correction, some for 'Marriages of poor Maids, some for Supportation, Aid and Help of young Tradesmen, Handicraftsmen and Persons decayed, and others for Relief or Redemption of Prisoners or Captiues, and for Aid or Ease of any Poor Inhabitants concerning Payments of Fifteens, set'ting out of Soldiers and other Taxes; which Lands, Tenements, • Rents, Annuities, Profits, Hereditainents, Goods, Chattels, Money and Stocks of Money, nevertheless have not been employed according to the charitable Intent of the Givers and Founders thereof, by • Reason of Frauds, Breaches of Trust, and Negligence in those that should pay, deliver and employ the same:' For Redress and Remedy Cro. Car. 526% whereof, Be it enacted by Authority of this present Parliament, That Commisioners to it shall and may be lawful to and for the Lord Chancellor or Keeper of Lands & Goods of the Great Seal of England, for the Time being, and for the Chan- to charitable Uses. cellor of the Duchy of Lancaster for the Time being for Lands within sioners at the least. the County Palatine of Lancaster, from Time to Time to award Com- Hob. 136. missions 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 • See the Doctrine which has been established in Respect of this Statute, in Duke's Charitable Uses, and the Summary thereof, Comyn's Uses, n. -See also Morris v. Bishop of Durham, 10 Vesey, 540. enquire of the Gift Four Commis. No. 9. 43 Eliz. c. 4. Realm respectively, according to their several Jurisdictions as aforesaid, to the Bishop of every several Diocese and his Chancellor, (in case there shall be any Bishop of that Diocese, 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 lawful Men or more of the County, as by all other good and lawful Ways and Means, of all and singular such Gifts, Limitations, Assignments and Appointments aforesaid, and of the Abuses, Breaches of Trusts, Negligences, Mis-imployments, not imploying, concealing, defrauding, mis-converting or mis-government of any Lands, Tenements, Rents, Annuities, Profits, Hereditaments, Goods, Chattels, Money or Stocks of Money heretofore given, limited, appointed or assigned, or which hereafter shall be given, limited, appointed or assigned, (1) 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 interested in any such Lands, Tenements, Rents, Annuities, Profits, Hereditaments, Goods, Chattels, Money and Stocks of Money) shall make Enquiry by the Oaths of twelve Men or more of the said County (whereunto the said Parties interested shall and may have, and The Commis take their lawful Challenge and Challenges), and upon such Enquiry, The Enquiry. Stone's Orders. The Commission be executed. Hearing and Examining thereof, set down such Orders, Judgments and Decrees, as the said Lands, Tenements, Rents, Annuities, Profits, Goods, Chattels, Money and Stocks of Money, may be duly and faithfully employed, 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 eis Orders shall Orders, Judgments and Decrees, not being contrary or repugnant to the Orders, Statutes or Decrees of the Donors or Founders, shall by the Authority of this present Parliament stand firm and good, according to the Tenor and Purport thereof, and shall be executed accorders Orders altered, ingly, until the same shall be undone or 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 several Jurisdictions, upon Complaint by any Party grieved to be made to them. The Commission ster, Eaton, Win II. Provided always, That neither this Act, nor any Thing Colleges, Halls in Oxford or Cam- therein contained, shall in any wise extend to any Lands, Tenements, bridge, Westmin- Rents, Annuities, Profits, Goods, Chattels, Money or Stocks of chester, Cathedral Money, given, limited, appointed or assigned, or which shall be given, limited, appointed or assigned, to any College, Hall or House of Learning within the Universities of Oxford or Cambridge, or to the Colleges of Westminster, Eaton or Winchester, or any of them, or to any Čathedral or Collegiate Church within this Realm. Churches, 1 Lev. 284. III. And provided also, That neither this Act, nor any Thing therein, shall extend to any City, to Town Corporate, or to any the City, Town Cor- Lands or Tenements given to the Uses aforesaid within any such City or Town Corporate, where there is a special Governor or Governors appointed to govern or direct such Lands, Tenements or Things disposed to any the Uses aforesaid, neither to any College, Hospital or porate, Hospital, School. College. Frec (1) Under this Statute, an Estate would pass by Way of an Appointment, by a Mode of Disposition not generally valid, as by a Deed or Will of Tenant in Tail against Persons in Remainder, Tay v. Slaughter, Prec.Ch. 16. -So before, Statute of 29 Geo. II. post, by a Devise of a Copyhold without Surrender-Attorney-General v. Andrews, 1 Vesey, 225-but not by a Will since the Statute of Frauds, not duly attested.-Attorney-General 1. Baines, Piec. Ch. 270. |