Imatges de pàgina

fere on behalf of the crown.

Under these circumstances, the plaintiff is entitled to have the stock re-transferred to him, but he must pay the costs of the suit”(j).

2. Statute of 1 Edw. VI. c. 14, and construction thereof.] The statute 23 Henry VIII. c. 10 (k), made assurances of lands for churches or chapels, and to certain superstitious uses, void, but did not give any interest to the king; before that act, the finding of an obit and the service of a priest were good uses (). The statute 1 Edward VI. c. 14, s. 5, vests in the crown all lands appointed wholly to superstitious uses, and the sixth section enacts, that where part of the revenue of any lands is to be employed in that way, the sums of money destined to such a purpose shall be enjoyed by the king, his heirs and successors (m).

( De Themmines v. De Bonne- further considering and understandral, 5 Russ. 288.

and con

ing, that the alteration, change and (k) Ante, p. 19.

amendment of the same, (1) Cro. Eliz. 449; 4 Rep. 113 a.; verting to good and godly uses, as 1 Rep. 23 b.

in erecting of grammar schools to (m) The statute of the 1st Ed- the education of youth in virtue and ward VI. c. 14, recites-the king's godliness, the further augmenting most loving subjects, the lords spi- of the Universities, and better proritual and temporal, in this present vision of the poor and needy, cannot Parliament assembled, considering in this present Parliament be prothat a great part of superstition and vided and conveniently done, nor errors in Christian religion had cannot, nor ought, to any other been brought into the minds and esti- person committed than to the king's mations of men, by reason of the ig- highness, whose majesty with and norance of their very true state and by the advice of his highness's perfect salvation through the death most prudent council, can and will of Jesus Christ, and by devising and most wisely and beneficially, both fantasying vain opinions of purga- for the honour of God, and the tory and masses satisfactory, to be weal of this his majesty's realm, done for them which were departed; order, alter, convert and dispose the the which doctrine and vain opinion same. by nothing more is maintained and By the 2nd section, all colleges, upholden than by the abuse of tren- free chapels and chantries existing tals, chantries and other provisions within five years preceding that made for the continuance of the Parliament, and not in the actual said blindness and ignorance; and possession of the late or present

The statute of Edward VI. was taken to extend only to such uses as tended to superstition, which may be collected

king (except such as should be al- chapel, to have continuance for ever; tered by the king's commissioners), that then the king should for ever and all lands and hereditaments have and enjoy every such sums of thereto belonging or given for the money, that in any one year within finding of a priest, were declared to the five years next before that Parliabe in the actual seisin and possession ment had been expended and beof the present king, without any stowed about the finding or main. office found.

tenance of any such anniversary or By the 3rd & 4th sections, all obit, or other like thing, intent or lands, &c. given to priests for years, purpose, of any light or lamp, to were vested in the king for the re- him, his heirs and successors for mainder of such term of years, but ever, as a rent charge to be paid on the expiration of such term, re- yearly, with power of distress and versioners might enter without suing entry for default of payment. livery.

By the 7th section, all brotherBy the 5th & 6th sections it is hoods or guilds, and their possesenacted, that the king, his heirs and sions, except companies of trade, successors, should have and enjoy were vested in the king. for ever, all lands and other here- By the 8th section, commissioners ditaments, which by any assurance, were to be appointed under the will, devise or otherwise, at any great seal; with power to survey time theretofore made or declared, all lay corporations, and to inquire were given or appointed, or to be of the revenues applicable to priests, employed wholly to the finding or obits, &c., and of lands, &c., vested maintenance of any anniversary or in the king by that act; and to asobit, or other like thing, intent or sign lands applicable to grammar purpose, or of any light or lamp, in schools ; and to appoint and endow any church or chapel, to have con- vicars ; and to assign lands for maintinuance for ever, which had been tenance of additional priests in any kept or maintained within five years parish; to make rules for priests next before that Parliament. And and schoolmasters; and to assign also, that where but part of the yearly pensions for life, to deans, issues or revenues of any manors, priests or poor persons dependent lands or other hereditaments, had on dissolved colleges, &c.; and to by any of the ways or means above inquire of perpetual allowances to said been given, assigned or ap- poor people, and to make assignpointed to be bestowed, or employ- ments for payment thereof; and ed to the finding or maintenance of also to appoint lands for piers, sea any anniversary or obit, or other banks, &c. like thing, intent or purpose, or of It was declared by the 15th secany light or lamp in any church or tion of the act, that it should not

from the words of the act, and inferred from the time when it was made—the policy of those days being to subvert the authority of the pope, and to dissolve the abbeys, chantries, and similar establishments (n).

Parsonages and vicarages, although within the words of the statute 1 Edward VI. c. 14, were not within its intent, and were excepted by an equitable construction (o); and although the act in terms embraced all manner of colleges, yet it applied only to those that were superstitious, and not to the colleges of the universities (p), and it did not extend to any hospital whatsoever, either lay or religious (9). The statute also related only to such superstitious uses mentioned in it as were then existing, and was not prospective(r).

Where a charitable use was intermixed with the superstitious, so that they could be distinguished, the king was entitled to so much only as was given for the latter purpose (s).

The following distinctions were established in the construction of this statute (t): first, if land of the yearly value extend to the colleges in Cambridge, Hardr. 208. Oxford, St. George's Chapel, Wind- (p) Hob. 122. sor, nor to Winchester and Eton, (9) Co. Litt. 342 a. nor to parochial chapels of ease, nor (r) Rex v. Portington, 3 Salk. 334; to any cathedrals, or their lands, ex- S. C. 12 Mod. 31; Porter's case, 1 cept chantries there existing, within Rep. 23 b.; Cary v. Abbott, 7 Ves. five years.

495. It is said that the chantries and (s) Duke, 105. free chapels sold for a considerable (t) It may perhaps appear almost sum, and that a great number of superfluous in the present day, to grammar schools were founded, enter upon the construction of this chiefly out of the chantry lands. statute ; questions, however, may It is observed by Eden, that the now arise upon it, when old grants rap city of the courtiers rendered it to charitable uses become the subimpracticable to carry the ostensi- ject of judicial consideration, as in ble objects of this statute into effect. the late case of Attorney General v. Hist. of the Poor, vol. i. 95, 96. See Vivian, 1 Russ. 226. The princiAndrews's Contin. of Henry's Hist. ple of these decisions, making the of Great Britain, vol. i. 365. illegal purpose paramount where

(r) Gibbons v. Maltyard, Poph. 8; the superstitious uses and the lawSee Porter's case, 1 Rep. 23 b. ful uses were so inseparably blended

6) Plowd. 466 ; Palm. 125; that one could not be distinguished of 201. was given for the finding of a priest, and a salary of 101. appointed to him, the king was entitled to the whole land, as the residue shall be intended to be for the finding of necessaries for the priest; if a condition was annexed to the gift to pay

101. per annum to the priest, then the king was entitled to that sum only (u). That if land of the yearly value of 201. was given to find a priest to pray for souls, who was to have an annual salary of 101., and the rest was given to the poor, as the latter was distinct from the superstitious use, the king was entitled only to the 101. given to the priest, and not to the whole land; but it was otherwise where the land was given generally for finding a priest and for the maintenance of the poor, without saying how much the priest was to have (v). When a certain sum was given to a priest, and divers other good uses were limited, if they depended upon the superstitious use, the king took all: where all the uses were superstitious, however certain, the land was given to the king (u).

An hospital, founded and endowed under a license granted by King Richard II. with lands, for certain poor persons to serve God, and especially to pray for the soul of King Richard and the founder while they lived and after, and for the souls of the king's progenitors and heirs, and his own ancestors and heirs for ever, according to such ordinances as he should make, one of which was, that the poor should every day go to mass to a chapel of friars near adjoining, and should say fifty paternosters and as many avemarias, was held to be a superstitious hospital, and to be given to the crown by the statute 1 Edward VI. c. 14, although the word hospital was not in that act (v).

Where lands were devised to the Company of Goldsmiths, to the intent that they with the issues and profits should repair the tenements, and pay all rents issuing thereout; and

from the other, is followed in modern (u) Ibid; Adams and Lambert's decisions, in gifts of personal estate case, 4 Rep. 104 b.; S. C. Moor, 648. connected with land.

(v) Pits v. Webster, Palm. 124; (u) Duke, 107.

S. C. Hob. 121. (v) Ibid.

should keep an obit, and should spend at it yearly 33s. 4d., and find perpetually a priest-to sing mass for his soul; who should also keep a grammar school, chiefly for the poor, and receive 101. yearly for his salary; and the value of the tenements at the time of the gift exceeded the superstitious uses 501. per annum; it was decided, that all the tenements were given to the king by the said act, for although the direction to found a grammar school chiefly for the relief of the poor was a good and charitable use, yet being mixed with a superstitious use, and nothing in certain limited to the good use, in such case the uncertain mixture of the bad use with the good one infected the whole (w); and that the good use being derived out of the superstitious use, and to be performed by the priest, could not save the land, and it was the same as if the whole had been limited to the superstitious uses (.r). So where a testator devised lands to the Dean of Newark for an obit, and the residue to pay a chantry priest 71. per annum during the lives of his wife, and another to chaunt for his soul, and afterwards to perform divine service for 99 years, and then directed the lands to be sold and the produce distributed to charitable uses for the aforesaid souls, and the feoffees conveyed for 99 years, reserving 71. to the priest; and then came the statute of 1 Edward VI. c. 14, it was held, that the fee simple of the land was forfeited, as the testator had turned all to superstitious uses (y).

But where land was given to maintain a charitable use for the relief of the poor, and also that the schoolmaster or poor should pray for the donor's soul, the charitable use being considered as the principal intent of the donor, and the superstitious use of praying for the soul, but an accessary, the charitable use preserved the lands from forfeiture (2). It was the same where a certain sum was given

(w) See Plowd. 51 a.

34, 46; S. C. 3 Salk. 335. See Hob. (2) Sir Bartholomew Read's case, 122, 123. Moor, 654; 4 Rep. 113 a.

(z) Hynshaw v. Corporation of (u) Waldern v. Ward, 2 Sid. 13, Morpeth, Duke, 69 (242).


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