been generally accompanied with some, if not an entire, exemption from the restraints of mortmain. In several this exemption has been limited to a specific purpose, or to a certain quantity of land or of value. It may be proper to notice some of these establishments before we proceed to the last statute.

Sutton's hospital. See P. III. c. ii. on Leases.

9 Ja. 1.

The college of God's Gift, at Dulwich, in Surry, was founded by Edward Alleyne, Esq. in 1619, upon the letters-patent of incorporation, dated 21st June, 17th 17 Ja. 1. James I. to consist of a master, a warden, four fellows, six poor brethren, six poor sisters, and twelve poor scholars, to purchase and take from him the manor or lordship of Dulwich, with its rights and royalties in Surry and Kent, and some houses in the parish of Bishopsgate and Cripplegate, London, notwithstanding the statute of mortmain. And the Archbishop of Canterbury, for the time being, was thereby appointed visitor. This college has been lately much favoured by the legislature, in two statutes for inclosing their lands, and for enabling it to grant long leases, &c. See postea, Part III. chap. ii. on Leases.

C. 12. S. 4.

The act for the relief of the poor, made in the reign 13 & 14 Car. 2. of Charles II. directs, that there shall be one or more 1652. corporations or workhouses within London and Westminster, and within the boroughs, towns, and places of Middlesex and Surry, situate in the parishes mentioned in the bills of mortality: the act establishes them into corporations, and gives directions for their government, &c.-Made perpetual by 12 Ann, st. 1. c. 18. sec 1.-and see 17 George II. c. 5.

The act for the incorporation of commissioners of the 15 Car. 2. c.17. Bedford Level, consisting of 95,000 acres, authorises 1665.

them, without license of mortmain, to purchase lands

not exceeding 2001. per annum, and goods and chat

S. 2.

tels, and to dispose thereof in the name and to the use of the corporation.

17 Car. 2. c. 3. The act for uniting churches in cities and towns cor

S. 7.

porate, empowers the owners of impropriations or tithes

to bestow the same thereon; and benefices under £.100 per annum to be augmented by purchase of lands, without license of mortmain.

The Scots hospital, in Crane Court, for the relief of the aged and necessitous poor of Scotland within London and Westminster, was incorporated by royal charter, A. D. 1665, confirmed by letters-patent in the year fol- . lowing by the name of "The Scots Hospital of King Charles II." has license to purchase in mortmain lands to the value of £. 400 per annum.

The act for advancing the sale of fee-farm and other rents in the reign of Charles II. allows all bodies cor22 Car. 2. c. 6. porate, &c. to purchase them without such licenses.

c. 20. s. 11.

1070.

And about the same time, the commissioners acting under the act of 43 Eliz. had an additional office assigned to them by the legislature; which proves, that the intention was to extend their power to all charitable institutions, whether they were established into corpora22 & 23 Car. 2. tions or not; for in the act made for the relief and release of poor distressed prisoners for debt, these com2 Geo. 2. c. 22. missioners are directed to use their best endeavours and Strengthened by diligence to examine and find out the several legacies, gifts, and bequests, bestowed and given for the benefit of poor prisoners for debt, in the several gaols of this And for setting kingdom; and to settle and order the same in such man12 G. 2. c. 29. ner, that the prisoners might not be thenafter defrauded, but receive the full benefit thereof, according to the intent of the donors.

S. 7.

a rule of court, &c. 11 G. 2.

C 20. 32 G. 2.

c 28. s. 9. 10.

them to work,

6. 23.

The same respect was afterwards paid to the above statute of Elizabeth, which was deemed the bulwark of charities, in the act for the augmentation of small vicar

ages

1676.

ages and curacies; which authorises a perpetual and pro- 29 Car. 2. c. 8. portionable reservation out of the issues of any rectory impropriate or portion of tithes, which are to be held chargeable therewith, and subject to distress or disability of the party on non-payment, notwithstanding the statutes of mortmain; and it was declared, that if any Sect. 7. question should arise concerning the validity of such grant, such favourable constructions, and such further remedy, if need be, should be had as in former cases of charitable uses.

The crown,

& 8 Wm. 3.

c. 21. s. 10.

& 9 Wm. 3.

C. 13.

4 Ann, c. 12. S. 14.

6 Ann, c. 13. s. 11, &c.

1

Greenwich Hospital, which stands upon the site of a 7 royal palace, was incorporated by William III. 10th 8 September, 1695, and an annual sum granted thereto c. 23. out of the treasury. Every seaman pays sixpence a month towards it: the king was empowered to grant 12 & 13 Wm. 3. part of his manor at Greenwich to its use. by a variety of acts, has been since empowered to dispose of large sums for its benefit; unclaimed prize-money has s been bestowed upon it; the rents of the Derwentwater estates, forfeited for high treason, were applied to it: and the governors were empowered to purchase lands for the 25 Geo. 2. c. 42. completion of it. Its opulence, and grateful care of and a variety of those brave men whose vigor has been spent in the service of their country, is a monument of praise to our legislature and our nation. See P. III. ch. ii. of. Leases.

10 Ann, c. 17.

8 Geo. 2. c. 29.

11 Geo. 2. c. 30.

22 Geo. 2. c. 52.

other statutes.

C. 32.

The different parishes of Bristol were incorporated 7 & 8 Wm. 3. by act of parliament in 1695-6, and the management of all parochial concerns within the city vested in a corporation. This act was adapted only to cities and great towns, and could not be a model for the counties at large.

Many of the kings of England have claimed a power of dispensing with statutes; which power was carried to such a height in the reign of James II, and found to Law, 474.

be

2 Burn. Eccl.

be of such dangerous consequence, as to make the execution of the most necessary laws in effect precarious, and merely dependent on the pleasure of the prince; and it seeming highly incongruous that the king should have a kind of absolute unlimited power of dispensing with laws, wherein the church and state have the highest interest, when at the same time he has no power to dis pense with any law which vests the least right or interest in a private subject, it was found by experience neces1 W. 3. sess. 2. sary to enact, that no dispensation by non obstante to any statute shall be allowed; but that the same shall be void and of none effect, except a dispensation be allowed in such statute.*

C. 2.

2 ilaw. 391.

7 & 8 W. 3. €. 37.

But for the promotion of religion and learning, it was afterwards felt most expedient to renew the encouragement to found seminaries, which the late disputes and the restraints of mortmain continued to repress; wherefore in the next statute on this subject we find it recited, "that it would be a great hindrance to learning and "other good and charitable works, if persons well in"clined might not be permitted to found colleges or "schools for encouragement of learning, or to augment "the revenues of those already founded, by granting "lands thereto, or by granting lands to other bodies "politic or incorporated, then in being, or thenafter to "be incorporated, for other and public uses: it is en"acted, that it shall be lawful for the crown, as often 66 as it shall think fit, to grant to any persons, bodies "politic or corporate, licence to alien in mortmain, and

Charles I. resolved to set about a recovery of the tithes and churchlands which had been alienated in former reigns; several of them were purchased at low rates, and then with a shew of zeal surrendered to the crown. He purchased some estates of small value, and added them to several bishopricks; and all those who sought for favour at court offered their churchlands to salę at a low price. 1 Burnet, O. T.

"also

"also to purchase and hold in mortmain, in perpetuity, " or otherwise, any lands of whomsoever the same shall "be holden, which shall not be subject to forfeiture by "reason of such alienation or acquisition." This right remains appended to the royal prerogative, and is recognised and established in these cases*.

c. 17.

82 H. 8. c. 22. C. 47.

C. 20.

1 Eliz. C. 4

11.

Notwithstanding the many attempts to settle a 26 H. 8. c. 3. proper support for the clergy since the reformation, 27 H. 8. c. s. government had never been able to attain this point; c.47. by reason whereof, divers mean and stipendiary preachers 2 & 3 Edw. 6. were in many places entertained to serve the cures, 7 Edw. 6. c. 4. and officiate therein; who depending for their necessary maintenance upon the good will and liking of their hearers, had been under temptation of too much complying and suiting their doctrines and teaching to the humours, rather than the good, of their hearers, which had been a great occasion of faction and schism, and contempt of the ministry: wherefore queen Anne, 2 & 3 Ann. c. desirous of rendering the clergy more independent, A. D. 1703. had remitted the first-fruits and tenths of poor clergy; and by this act relinquished her whole revenue arising from that source, for the purpose of erecting a corporation, to appropriate the same for a perpetual augmentation of the maintenance of poor clergy, in places where the same are not sufficiently provided for: the act empowers the queen to institute such a corporation, and authorizes all persons charitably disposed towards so good a work, to grant or devise their lands or goods, for the purpose of carrying its designs. into execution, notwithstanding the restraints of mort- Scc. 4.

main.

In consequence of this act, the queen, by letters-patent,

This subject will be more fully noticed in treating of purchasing lands, in Part II. c. i. s. 2.

erected