|Author:||Duke, George, Esq.|
|Title:||The Law of charitable uses revised and much enlarged with many cases in law both antient and modern whereunto is now added the learned reading of Sr. Francis Moor, Kt. ... upon the statute of 43 Eliz. concerning charitable uses (who was a member of that Parliament when that statute was made and the penner thereof) : abridged by himself and now printed by his own original manuscript : together with the manner of proceedings in Chancery ... for relief on divers cases wherein the aid of this statute is not required ... necessary for all bishops, cathedrals, colledges, and all parishes in England for recovery and setling of charitable donations methodically digested by George Duke of the Inner Temple, Esq.|
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The Law of charitable uses revised and much enlarged with many cases in law both antient and modern whereunto is now added the learned reading of Sr. Francis Moor, Kt. ... upon the statute of 43 Eliz. concerning charitable uses (who was a member of that Parliament when that statute was made and the penner thereof) : abridged by himself and now printed by his own original manuscript : together with the manner of proceedings in Chancery ... for relief on divers cases wherein the aid of this statute is not required ... necessary for all bishops, cathedrals, colledges, and all parishes in England for recovery and setling of charitable donations methodically digested by George Duke of the Inner Temple, Esq.
Duke, George, Esq., Moore, Francis, Sir, 1558-1621.
London: Printed for Henry Twyford and are to be sold at his shop ..., 1676.
To His most Sacred MAJESTY, Charles the II. By the Grace of God, King of Great Bri∣tain, France, and Ireland, Defender of the Faith, &c.
TO THE READER.
CHAP. I. THE STATUTE OF CHARITABLE USES.
43 Eliz. CHAP. IV.
The Heads of the Statute of Charitable Ʋses.
Concerning the Jurors, or Inquest of Inquiry, these two things are to be observed.
COMMISSION. CHAP. II.
DIRECTIONS. When a Commission is first sued out, it is good to give notice to the Churchwardens and Overseers for the Poor of Parishes, near where the Commissioners sit, after this manner: May 22, 1610. By the Commissioners for Charitable Uses, sitting at B. in the County of C.
Proceedings upon the Statute of Charitable Uses. CHAP. III.
CHAP. IV. INQƲISITIONS.
5 Caroli primi Rotulo primo.
Eodem Rotulo. Chipping Sudbury in Com. Glouc.
Rippon and Thornton. Rotulo predicto.
Barnstaple, in Com. Devon. Rotulo primo.
Elmeley Lovett in Com. Sussex.
Brattlington in Sussex.
Mich. 2. C. 1. John Crouch against the Citizens of Worcester.
3 Jac. Croucher against the Citizens of
His Majesties Attorney-General, by Information, Plaintiff; Townsend & alios, Defendants.
Exceptions to a DECREE.
The second Exception.
The third Exception.
The fourth Exception.
The fifth Exception.
Answers to Exceptions.
The Answer of J. L. and S. W. Churchwardens of G. T. in the Coun∣ty of D. Respondents to the Exceptions of T. H. Gent. by him taken, to the Decree in the said Exceptions mentioned.
Answers and Exception to Decrees.
17 Jacobi. William Blomefield, and the Inhabi∣tants of Stowe-Market.
Michael. 22 Jacobi. Rowe, against the Poor of the Alms-house in Tavistock, in Com. Devon.
5 Car. Prim. Rot. 1. The Town of Northampton.
Termino Trin. 17 Jac. 1619. The poor of Yervel, in Com. Somerset against Francis Sutton, and others.
The poor Peoples Answer.
Termino Pasch. 16 Caroli secundi, Robert Wright and the School of Newport-Pond in Essex.
Higgins and the Poor of Southampton. 13 April, 1636. Car. 1.
Trin. 21. Car. Regis 2. Christopher Meek Exceptant, James Hyde, Dr. in Physick, on behalfe of the Chancellor, Masters and Scholars of Mag∣dalen Hall. in the Ʋniversity of Oxon, Respondents.
Hill. 12. Car. 1. Blackston and the Hospital of Hemsworth.
Veneris, 19 Jan. 19 Car. 2. in Canc. Inter Will. Rooks & Edw. Potter, ex parte istius partis Paro∣ch. Sancti Egidii, extra Cripplegate, jacent. intra London, Exceptantes, & Richardum D ton, ex parte istius partis ejusdem Paroch. jacent. in Com. Midd. Respon∣dentes.
24 Martii 1659. Car. 2. Westham in Essex, and Best.
5 Car. 1. Matsall in Suss.
Appleton in Com. Berks.
Martlyn in Com. Wigorn.
Certain Cases adjudged upon Appeals, for the Illustration and Continuation of all that is said in the whole Work. CHAP. VI.
CASE 1. Mich. 1626. Windsor and Hilton.
Case 2. Mich. 44. Eliz.
Case 3. Trin. 9 Caroli, 1. East-Greensteds Case.
Case 4. 16 Martii, 4 Caroli.
Case 5. Mich. 10 Car. int. Inhabitants of Eltham in Kent, against Warreyn.
Case 6. In the Case of Sutton Colefield in Com. War. Hill. 11 Car.
CASE 7. Hynshaw and Pydwers, and the Mayor of the Corporation of Morpeth in Northumberland. 5 Car.
CASE 8. The Case of the Inhabitants of Woodford in Essex, against Parkhurst; Hill. 14. Carol.
CASE 9. Kennington Hastings in Com. War. 9. Jac.
CASE 10. The School of Thetford's Case upon a Bill ex∣hibited in Parliament, 8 Jac. 8 Coke fol. 130.
The Question was.
CASE 13. Sir Thomas Middleton's Case, 1590.
CASE. 14. Rivetts Case. 15 Jac.
CASE 15. Bernard Hide's Case.
CASE 16. Mich. 14. Car. Plate and the Master and Fellows of S. Johns Colledge in Cambridge.
CASE 17. 13 Jacobi, Jesus Colledge Case in Court of Wards, referred to the Judges.
CASE 18. The Lord Edward Mountagues Case in the Court of Wards, 17 Jac.
CASE 19. Seymor against the Poor of Twyford, Trinity 1634.
CASE 20. The Poor of East Greenstead against Howard, 8 Carol. & 10.
CASE 21. Hungate on the part of the Inhabitants of Sherborn, 3 Carol.
CASE 22. Steward against Germyn, 41 Eliz.
CASE 23. Hellams Case 5 Caroli.
CASE 24. The School of Rugby in the County of War∣wick, 2 Caroli.
CASE 25. Kensons Case. 41 Eliz.
CASE 26. Wingfields Case, 4 Car.
CASE 27. Goffe cont. Webb. 44 Eliz.
CASE 28. Champion contra Smith, 3 Jac.
CASE 29. Stoddard, 20 Jacobi.
CASE 30. Mayor and Burgesses de Reading, contra Lane, 43 Eliz.
CASE 31. Mayor of Bristol against Whitton, 8 and 9 Caroli.
CASE 32. Fisher against Hill. 10 Jac.
CASE 33. Peacock against Thewer, Mich. 14 Car.
CASE 34. 2 Caroli, Pennyman against Jenny.
CASE 35. Trin. 15 Car. Pember against the Inhabi∣tants of Knighton.
CASE 36. Trin. 15 Car. Penstred cont. Payer.
CASE 37. Trin. 15. Car. Bramble against the Poor of Havering.
CASE 38. Mayor de London's Case.
CASE 39. Pauperes de Chelmsford, and Sir Henry Mildmay, Mich. 1649.
CASE 40. Christs Hospital and Hawes, The Case where a Tenant in Capite, Devised all his Lands to a Charitable Ʋse.
5 Car. 1. Wivelescom, in Com. Somerset.
An Information in Chancery, by the Kings Attorney-Gene∣ral, at the Relation of a Relator, for the discovery of Evidences and Estates, made of Lands, given to seve∣ral Charitable Ʋses; and that the increased and impro∣ved Rents of the Lands may be applyed to the Chari∣table Ʋses proportionably, according to the sums to them severally, at first limited, assigned, and appointed; And that the Lands may be set out and bounded, or the like number of Acres set out and laid together, &c.
The Replication of Sir J. P. Knight and Baronet, His Ma∣jesties Attorney-General Complainant at, and by the re∣lation of A. B. Doctor in Divinity, Master of M. Col∣ledge in the University of O. and of the Fellows and Scholars of the same Colledge, to the joynt and several Answers of W. T. Gent. R. L. and J. C. Defendants.
CHAP. VII. Of Charitable Uses.
SECT I. What shall be said to a good Limitation or Appointment by Deed or Will, to a Charitable Ʋse, to be relieved by the Statute of 43 Eliz. Chap. 4.
SECT. II. How the Gift or Limitation of a Charitable Ʋse by Deed or Will, shall be taken.
SECT. III. What shall be said to be a Mis-imployment of such a Use; or Breach of Trust therein.
SECT. IV. What Remedy is to be had, where there is a Mis-imployment of Land, or Goods, given to Charitable Ʋses. And of the Commission of Charitable Ʋses, and all the Proceedings therein.
SECT. V. The Remedy for the Party grieved, by the Order and Judge∣ment of the Commissioners.
Collections Out of the Learned READINGS OF Sr FRANCIS MOORE, Kt. SERJEANT at LAW. Upon the Statute of 43 Eliz. Entituled, An Act to Redress. Misimployment of Lands, Goods, and Stocks of Money, heretofore given to Charitable Uses.
Upon the First Division.
Ʋpon the Second Division.
Ʋpon the Third Division. Inquisitions, where to be taken, &c.
Ʋpon the First Part of the Fourth Division.
For the Third Point, The Rule is,
Upon the Fourth Point.
Upon the Second Part of the Fourth Division.
For the Second Point.
Concerning the Third Point. The Lord Chancellors power of Execution.
Upon the Third Branch of the Fourth Division.
Upon the last Part of the fourth Division.
Ʋpon the Fifth Division.
Ʋpon the First Part of the Sixth Division.
Upon the Second Part of the Sixth Division.
Upon the Third Part of the Sixth Division. Without Fraud or Covin.
Upon the Fourth Part of the Sixth Division.
Ʋpon the First Part of the Seventh Division.