1601: 43 Elizabeth 1 c.4: An Acte to redresse the Misemployment of Landes Goodes and Stockes of Money heretofore given to Charitable Uses.
WHEREAS divers Landes Tenementes Rentes Annuities Profittes Hereditamentes Goodes Chattels Money and Stockes of Money have bene heretofore given linnitted appointed and assigned as well by the Queenes moste excellent Majestie and her moste noble Progenitors as by sondrie other well disposed persons 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 Universities some for Repaire of Bridges Portes Havens Causwaies Churches Seabankes and Highewaies some for Educacion and prefermente of Orphans some for or towardes Reliefe Stocke or Maintenance for Howses of Correccion some for Mariages of poore Maides some for Supportacion Ayde and Helpe of younge Tradesmen Handiecraftesmen and persons decayed and others for releife or redemption of Prisoners or Captives and for aide or ease of any poore Inhabitantes concerninge paymente of Fifteenes settinge out of Souldiers and other Taxes Whiche Landes Tenements Rents Annuities Profitts Hereditaments Goodes Chattells Money and Stockes of Money nevertheles have not hyn 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 For Redresse and Remedie whereof Be it enacted by Aucthoritie of this presente Parliament That it shall and may be lawfull to and for the Lorde Chauncellor or Keeper of the Greate Seale of Englande for the tyme beinge and for the Chauncellor of the Dutchie of Lancaster for the tyme beinge for Landes within the Countie Palatine of Lancaster from tyme to tyme to award Commissions under the Great Seale of Englande or the Seale of the Countie Palatine as the case shall require into all or any parte or partes of this Realme respectivelie according to their severall jurisdiccions as aforesaide to the Bishopp of everie severall Diocesse and his Chanceller in case there shalbe any Bishoppe of that Diocesse at the tyme of awardinge of the same Commissions and to other persons of good and sounde behavior authorisinge them therebie or any fower or more of them to inquire as well by the Oathes of twelve lawfull Men or more of the Countie as by all other yood and lawfull waies and menes of all and singuler such Giftes Limitacions 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 or Stockes of Money heretofore given limitted appointed or assigned or whiche hereafter shalbe given limitted appointed or assigned to or for any the charitable and godlie uses before rehearsed And after the saide Commissioners or any fower or more of them upon callinge the parties interessed in any suche Landes Tenementes Rentes Annuities Profits Hereditaments Goodes Chattels Money and Stockes of Money shail 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
examinynge thereof set downe suche Orders Judgments and Decrees as the saide Landes Tenements Rents Annuities Profits Goods Chattels Money and Stockes of Money may be duelie and faithfullie 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 contrarie or repugnante to the Orders Statutes or Decrees of the Donors or Founders shall by the Authoritie of this presente 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 Jurisdiccions 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 Tenements Rents Annuities Profits Goods Chattels Money or Stockes of Money given limitted appointed or assigned or whiche shalbe given limitted appointed or assigned to any Colledge Hall or Howse of Learninge within the Universities 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 PROVIDED ALSOE That neither this Acte nor any thinge therein shall extende to any Citie or Towne Corporate or to any the Landes Tenements given to the 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 speciall Visitors or Governours or Overseers 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 prejudiciall or hurtfull to the Jurisdiccion or Power of the Ordinarie but that he may lawfullie in everie cause execute and performe the same as thoughe this Acte had never bene had or made PROVIDED ALSOE and be it enacted That noe person or persons 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 pretende Title thereunto shall bee named Commyssioner or a Juror for any the causes aforesaide or beinge named shall execute or serve in the same or uses AND PROVIDED ALSOE That no person or persons whiche hathe purchased or obteyned or shall purchase or obteyne upon valuable consideracion of Money or Lande any Estate or Intereste 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 without Fraude or Covyn havynge no Notice of the same charitable Use shall not be impeached by any Decrees or Orders of Commissioners above mencioned for or concernynge the same his Estate or Intereste
AND yet neverthelesse Be it enacted That the saide Commissioners or any Fower or more of them shall and may make Decrees and Orders for recompense to be made by any person or persons whoe beinge put in Truste or havynge notice of the charitable Uses above mencioned hathe or shall breake
or the same Truste or defraude the same Uses by any Conveiance Gifte Graunte Lease Demise Release Conversion whatsoever and againste the Heires Executors and Admynistrators of hym them or any of them havynge Assettes in Law or Equitie soe farre as the same Assettes will extende.
PROVIDED alwaies That this Acte shall not extende to give Power or Authority to any Commissioners before mentioned to make any Orders Judgments or Decrees for or concernynge any Mannors Lands Tenements or other Hereditaments assured conveied graunted or come unto the Queenes Majestie or 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.
AND yet neverthelesse Be it enacted That if any suche Mannors Landes Tenements or Hereditaments or any of them or any Estate Rente or Profitte thereof or oute of the same or any parte thereof have hathe byn given granted limitted appointed or assigned to or for any the charitable uses before expressed at anye tyme sithence the begynnynge of her Majestie’s Reigne that then the saide Commissioners or any fower or more of them shall and maye as concerninge the same Lands Tenements Hereditaments Estate Rente or Profit soe given limitted appointed or assigned procede to enquire and to make Orders Judgements and Decrees accordinge to the purporte and meaninge of this Acte as before is mentioned The saide last mencioned Proviso notwithstandinge.
AND be it further enacted, That all Orders Judgments and Decrees of the saide Commissioners or of any fower or more of them shalbe certified under the Seales of the saide Commissioners 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 severall Jurisdiccions within suche conveniente tyme as shalbe limitted in the saide Commissions And that the saide Lorde Keeper and the saide Chauncellor of the Duchie shall and maye within their saide severall Jurisdiccions take suche Order for the due Execucion of all or any of the saide Judgments Decrees and Orders as to either of them shall seeme fit and convenient Anà that if after any such certificate or certificattes made any person or persons shall fynde themselves grieved withe any of the saide Order’s 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 Jurisdiccions 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 Jurisdiccions by suche course as to their wisedomes shall seeme meeteste the circumstances of the case considered proceede to the examinacion hearinge and determynynge thereof and upon hearinge thereof shall and may adnul dymynishe alter or enlarge the saide Orders Judgments and Decrees of the saide Commyssioners or any fower or more of them as to either of them in their saide severall Jurisdiccions shalbe thoughte to stande withe Equitie and good Conscience accordinge to the true intente ind meaninge of the Donors and Fownders thereof and shall and may taxe and awarde good Costes of Suite by their discrecions againste such persons as they shall fynde to complaine unto them without juste and sufficient cause of the Orders Judgments and Decrees before mencioned