An Acte to redresse the Misemployment of Landes Goodes and Stockes of Money heretofore given to (1601)
| Artifact Summary | |
|---|---|
| Artifact type | Statute |
| Creator/author | Parliament of England |
| Date | 1601 |
| Period | Tudor |
| City and country of origin | |
| Abstract | |
Entry
[Statutes of the Realm, Vol. IV, Part II, Anno 43° [& 44] ELIZABETHE. A.D.1601, CHAPTER XXVIII.]
CHAPTER IV
AN ACTE to redresse the Misemployment of Landes Goodes and Stockes of Money heretofore given to
WHERE
Charitable Uses
THEREAS (1) Landes Tenement Rentes Annuities Pfittes Hereditamentes, Goodes Chattels Money and Stockes of Money, have bene heretofore given limitted appointed and and assigned, as well by the Queenes moste excellent Majestie and her moste noble Progenitors, as by sondrie other well disposed psons, some for Releife of aged impotent and poore people, some for Maintenance of sicke and maymed Souldiers and Marriners, Schooles of Learninge, Free Schooles and Schollers in Univsities, some for Repaire of Bridges Portes Havens Causwaies Churches Seabankes and Highewaies, some for Educacon and pfermente of Orphans, some for or towardes Reliefe Stocke or Maintenance for Howses of Corrección, some for Mariages of poore Maides, some for Supportacón Ayde and Helpe of younge Tradesmen, Handiecraftesmen and peons decayed, and others for releife or redemption of Prisoners or Captives, and for aide or ease of
divers O
Ac. shall issue
into the
make Order for Regulation thereof,
any poore Inhabitante condninge paymente of Fifteenes, settinge out of Souldiers and other Taxes; Whiche Landes Tenements Rents Annuities fitts Hereditaments Goodra Chattells Money and Stockes of Money nevtheles have not byn imployed accordinge to the charitable intente of the givers and founders thereof, by reason of Fraudes breaches of Truste and Negligence in those that shoulde pay delyver and imploy the same: Fon Redresse and Remedie whereof, Be it enacted Lord Chancellor, by Aucthoritie of this psente Parliament, That it shall and may be lawfull to and for the Lorde Chauncellor or Keeper Com of the Greate Seale of Englande for the tyme beinge, and for the Chauncellor of the Dutchie of Lancaster for the Bishops, Ac. to tyme beinge for Landes within the Countie Palatine of Lancaster, from tyme to tyme to award Comissions under the Apple of Great Seale of Englande, or the Seale of the Countie Palatine as the case shall require, into all or any parte or partes Charitable Funday of this Realme respectivelie, according to their sevall Jurisdiccons as aforesaide, to the Bishoppe of everic sevall Diocesse on tach Inquiry and his Chanceller, in case there shalbe any Bishoppe of that Diocesse at the tyme of awardinge of the same Comissions, and to other psons of good and sounde behavior, authorisinge them therebie, or any fower or more of them, &c. to inquire, as well by the Oathes of twelve lawfull Men or more of the Countie as by all other good and lawfull waies and menes, of all and singuler such Giftes Limitacons Assignements and Appoyntments aforesaide, and of the Abuses Breaches of Trustes Negligences Mysimploimentes, not imployinge concealinge defraudinge misconvertinge or misgovernemente, of any Landes Tenementes Rentes Annuities Profits Hereditaments Goods Chattels Money [and'] Stockes of Money heretofore given limitted appointed or assigned, or whiche hereafter shalbe given limitted appointed or assigned [assigned'), to or for any the charitable and godlie uses before rehearsed: And after the saide Comissioners or any fower or more of them, upon callinge the parties intessed in any suche Landes Tenemente Rentes Añuities Profits Hereditaments Goodes Chattela Money and Stocken of Money, shall make inquirie by the Oathes of twelve men or more of the saide Countie, whereunto the saide parties interessed shall and maye have and take their lawfull challenge and challenges, and upon suche inquiry hearinge and exälynge thereof set downe suche Orders Judgments and Decrees, as the saide Landes Tenements Rents Annuities 'fits Goods Chattels Money and Stockes of Money may be duelie and faithfullic imployed, to and for suche of the charitable uses and intents before rehearsed respectivelie, for whiche they were given limitted assigned or appointed by the Donors and Founders thereof: whiche Orders Judgements and Decrees, not beinge cont'rie or repugnante to the Orders Statutes or Decrees of the Donors or Founders, shall by the Authoritie of this psente Parliamente stand firme and good accordinge to the tenor and purporte thereof, and shalbe executed accordinglie, untill the same shalbe undon or altered by the Lorde Chancellor of Englande or Lorde Keeper of the Greate Seale of Englande, or the Chauncellor of the Countie Palatine of Lancaster, respectivelie within their severall Jurisdiceons, upon complainte by any partie grieved, to be made to them
PROVIDED alwaies, That neither this Acte, nor any thinge therein conteined, shall in any wise extende to any Landes Not to extend to Tenements Rents Añuities Profits Goods Chattels Money or Stockes of Money, given limitted appointe or assigned, or Universities, whiche shalbe given limitted appointed or assigned, to any Colledge Hall or Howse of Learninge within the Univsities Cathedrals, are. of Oxforde or Cambridge, or to the Colledges of Westmynster Eaton or Winchester, or any of them, or to any Cathedrall or Collegiate Churche within this Realme
AND pvided alsoe, That neither this Acte nor any thinge therein shall extende to any Citie or Towne Corporate, or to any the Landes or Tenements given to the uses aforesaide within any suche Citie or Towne Corporate, where there is a speciall Governor or Governors, appointed to governe or directe suche Landes Tenements or Things disposed to any the uses aforesaide; neither to any Colledge Hospitall or Free Schoole whiche have spiall Visitors or Governours or any Oseers appointed them by their Founders
PROVIDED also and be it enacted by the Authoritie aforesaide, That neither this Acte nor any thinge therein contained shalbe any way pjudiciall or hurtfull to the Jurisdición or Power of the Ordinarie; but that he may lawfullie in everie cause execute and pforme the same as thoughe this Acte had nev bene had or made
PROVIDED alsoe and be it enacted, That noe pson or psons, that hathe or shall have any of the saide Landes Tenements Rents Annuities Profits Hereditaments Goods Chattels Money or Stockes of Money in his Hands or Possession, or dothe or shall prende Title thereunto, shall bee named a Cõmyssioner or a Juror for any the causos aforesaide, or beinge named shall execute or serve in the same
AND provided alsoe, That no pson or psons whiche hathe purchased or obteyned, or shall purchase or obteyne, upon valuable Consideracon of Money or Lande, any Estate or Infeste, of in to or out of any Landes Tenements Rents Annuities Hereditaments Goods or Chattels that have bene or shalbe given limitted or appointed to any the charitable Uses above mencioned, withoute Fraude or Covyn, havynge no Notice of the same charitable Use, shall not be impeached by any Decrees or Orders of Comissioners above mencioned for or concnynge the same his Estare or Intereste
Not to extend to Corporatsons, &c. special Governors and Visitors
where there are
Saving of the Jurediction of the Ordinary
making Sale
AND yet nerthelesse Be it enacted, That the saide Comissioners, or any Fower or more of them, shall and may Recompl make Decrees and Orders for recompense to be made by any pson or prons whoe, beinge put in Truste or havynge again Tr notice of the charitable Uses above mencõed, hathe or shall breake the same Truste, or defraude the same Uses, by any Conveiance Gifte Graunte Lease Demise Release or Convsion whatsoed, and againste the Heires Executors and Admynistrators of hym them or any of then, havynge Assettes in Law or Equitie, soe farre as the same Amettes will extende
or O
An erronemus Repetition on the Roll.-0. omits
Proviso for Entstes
PROVIDED alwaies, That this Acte shall not extende to give Power or Authority to any Comissioners before mentioned wested in the Crown, to make any Orders Judgments or Decrees for or concnynge any Mannors Lands Tenements or other Hereditaments assured conveied graunted or come unto the Queenes Majestie, (') to the late Kinge Henrie the Eighte, Kinge Edwarde the Sixte, or Queene Marie, by Acte of Parliament Surrender Exchange Relinquishemente Escheate Attainder Conveiance or otherwise
Unless where such
AND yet nevthelesse Be it enacted, That if any suche Mannors Landes Tenements or Hereditaments, or any of Estates are charged them, or any Estate Rente or fitte thereof or oute of the same or any parte thereof, have or hathe byn given granted
with Charities since & Elis
limitted appointed or assigned to or for any the charitable uses before expessed, at anye tyme sithence the begynnynge of her Majesties Reigne, that then the saide Comissioners or any fower or more of them shall and maye, as cončninge the same Lands Tenements Hereditaments Estate Rente or Pfit soe given limitted appointed or assigned, pcede to enquire and to make Orders Judgements and Decrees accordinge to the pporte and meaninge of this Acte as before is mentioned: The saide last (1) Proviso notwithstandinge
AND be it further enacted, That all Orders Judgments and Decrees of the saide Comissioners, or of any fower or more of them, shalbe certified under the Seales of the saide Comissioners or any fower or more of them, either into the Courte of the Chauncerie of Englande, or into the Courte of the Chauncerie within the Countie Palatine of Lancaster, as the case shall require respectivelie accordinge to their sevall Jurisdiccons, within suche conveniente tyme as shalbe limitted in the saide Comissions; And that the saide Lorde Chancellor or Lorde Keeper, and the saide Chauncellor of the Duchie, shall and maye, within their saide severall Jurisdiccons, take suche Order for the due Execuĉon of all or any of the saide Judgments Decrees and Orders as to either of them shall seeme fit and convenient: And that if after any such ctificate or ctificatte made any pson or psons shall fynde themselves grieved withe any of the saide Orders Judgments or Decrees, that then it shall and may be lawful to and for them or anie of them to complaine in that behalfe unto the saide Lorde Chancellor or Lorde Keeper, or to the Chancellor of the saide Duchie of Lancaster, accordinge to their severall Jurisdiccons, for Redresse therein; And that upon suche Complainte the saide Lorde Chancellor or Lorde Keeper, or the saide Chancellor of the Duchie may, accordinge to their saide severall Jurisdiccons, by suche course as to their wisedomes shall seeme mecteste, the circumstances of the case considered, pceede to the exäiacon hearinge and determynynge thereof; and upon hearinge thereof shall and may adnull dymynishe alter of enlarge the saide Orders Judgments and Decrees of the saide Cümyssioners, or any fower or more of them, as to either of them, in their saide sevall Jurisdiccons, shalbe thoughte to stande withe Equitie and good Conscience, accordinge to the true intente and meaninge of the Donors and Fownders thereof; and shall and may taxe and awarde good Costes of Suite by their discrecóns againste such psons as they shall fynde to complaine unto them, without juste and sufficient cause, of the Orders Judgments and Decrees before mencoed
Writs to remove Causes, from inferior Courts into Court
