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CHAP. and also for setting to work all persons married or unmarried, having no means to maintain them, and using no ELIZAB. trade of life to get their living. For which end they are to raise weekly, or otherwise, (by taxation of every inhatant, parson, vicar, and other, and of every occupier of lands, houses, tithes impropriate, propriation of tithes, coal-mines, or saleable underwood in the parish, in such competent sum as they shall think fit,) a convenient stock of flax, hemp, wool, thread, iron, and other necessary ware and stuff, to set the poor on work; and also competent sums of money towards the necessary relief of the lame, impotent, old, blind, and such other among them being poor and not able to work; and also for putting out of such children apprentice, to be gathered out of the same parish, according to its ability, and to execute and dispose every thing respecting the said stock and poor.

These churchwardens and overseers are to meet at least once a month in the parish church on Sunday afternoon, after divine service, there to consult what course or order they are to make respecting the discharge of this trust. They are, within four days after the end of the year, and after other overseers appointed, to make to such two justices a true account of all sums raised, expended, and in hand, and also of the stock, and deliver what is in hand to the new overseers.

If the two justices perceive that the inhabitants of any parish are not able to levy among themselves sufficient sums of money, they may tax, rate, and assess any other of other parishes, or out of any parish within the same hundred as they think fit. If they think the hundred not able, then the justices in quarter sessions shall rate and assess any other of other parishes, or out of any parish within the county.

The overseers are to levy all such sums assessed by distress and sale of the offender's goods, under warrant from two justices, if any refuse to contribute; and in default of distress, two justices may commit him to the county gaol

until payment: as they may such who refuse to work; and CHA P. the overseers who refuse to account. The overseers may,

by the assent of two justices, bind such children as abovementioned to be apprentices: till twenty-four years of age, if a man child; and if a woman till twenty-one, or marriage. The overseers, under an order of quarter sessions, may agree for building convenient houses on wastes or commons at the expense of the parish, hundred, or county.

To prevent parishes being burthened with unnecessary charges of the poor, it is provided, that the father and grandfather, mother and grandmother, and the children of every poor, old, blind, lame, and impotent person, or other poor person, not able to work, being of sufficient ability, shall relieve and maintain, at their own charges, every such poor person, according to the rate at which he shall be assessed by the justices of the county where he lives.

These are the principal provisions of this famous statute, for the relief of the poor; which is not only still in force, but in daily use, being that upon which every parochial establishment for this purpose is founded.

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ELIZAB.

While these schemes were forming for the relief of the Hospitals. poor in general, some charitable institutions were countenanced by the legislature; which, though more partial and confined in their views, contributed to promote the end at that time so much desired. Of this kind were Christ's, St. Bartholomew's, St. Thomas's, and Bridewell Hospitals, founded by Edward VI. To show favour to donations for such benevolent purposes as these, it was enacted by stat. 14 El. c. 14. that all gifts by will or otherwise to hospitals then in being shall be good, notwithstanding any misnaming of the corporation. With the same design was made stat. 18 El. c. 3., which allowed lands holden in socage to be given during twenty years for the maintenance of houses of correction, and stocks for the poor. But this law not having all the good effect expected from it, principally because the charges of incorporation lay heavy upon the founders, and swallowed up much of the in

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CHAP. tended donation, it was therefore enacted by stat. 39 El. c. 5. that all persons seised in fee-simple should have power ELIZAB. during the twenty years next ensuing, by deed inrolled in the court of chancery, to erect, found, and establish any hospitals, maisons de Dieu, abiding places, or houses of correction, at his will and pleasure, as well for the relief of the maimed, poor, needy, or impotent, as to set the poor to work. And that such hospitals or houses should be incorporated, and have succession for ever of such head, members, and number of people, as should be appointed by the founder in such deed inrolled; and should take, hold, and enjoy lands and tenements, goods and chattels, so that the same exceeded not 200l. per annum, notwithstanding the statute of mortmain. To be visited by such as the founder should appoint. And to prevent the dilapidation of such foundations, the like caution was taken as had before been respecting the leases of ecclesiastical persons and colleges. It was enacted, that any conveyance made by such incorporated hospital exceeding twenty-one years, and that not in possession, and whereon the accustomed yearly rent or more, by the greater part of twenty years next before the lease made, was not reserved, should be void. This licence for twenty years was, by a statute made in the next reign, extended to perpetuity. (stat. 21 Jac. c. 1.)

Statute of charitable

uses.

These statutes, made for the benefit of the needy and impotent, were very properly followed by one passed in the last year of this reign: this is the statute of Charitable Uses, as it is called; the design of which was to guard such and the like institutions from fraud and negligence, and make order for fulfilling their original intention of them. It recites, that whereas lands, hereditaments, goods, and money have been given by many well-disposed persons; some for relief of aged, impotent, and poor people; some for maintenance of sick and maimed soldiers and mariners, schools of learning, free-schools, and scholars in universities; some for repair of bridges, ports, havens, causeways, churches, sea-banks, and highways; some for education and preferment of orphans;

some for or towards relief, stock, or maintenance for houses СНАР. of correction; some for marriages of poor maids; some for XXXIII. supportation, aid, and help of young tradesmen, handicrafts- ELIZAR men, and persons decayed; and others for redemption and relief of prisoners or captives, and for aid or ease of any poor inhabitants, concerning payments of fifteenths, setting out of soldiers, and other taxes; which donations had not been employed according to the design of the founders, by reason of breaches of trusts and omissions of those who should pay, deliver, or employ them; for remedy whereof it is thereby enacted, that the chancellor (and the chancellor of the Duchy of Lancaster within his jurisdiction) may from time to time award commissions under the great seal to the bishop of every diocese (and to the chancellor, if no bishop at the time), and to other persons of good and sound behaviour, authorising them, or any four of them, to enquire, as well by the oaths of twelve lawful men or more of the county, and by all other good and lawful means, of all such gifts and appointments; and of abuses, breaches of trusts, misemployments, concealing, or misgovernment of lands, hereditaments, goods and money, appointed for any of the charitable and godly uses before mentioned. And the commissioners, after enquiry, shall make orders, judgment, and decrees for faithfully employing such gifts to the charitable uses and intents for which they were appointed; with an appeal therefrom to the chancellor.

This act is not to extend to the two universities; nor to the colleges of Westminster, Eton, or Winchester; nor to any cathedral or collegiate church; nor to any city or town corporate; nor to any lands given to such uses within a town corporate or city, where there is a special governor appointed to direct and dispose such lands and gifts; nor to any college, hospital, or free-school, which have special visitors, governors, or overseers appointed by the founder; nor be prejudicial to the jurisdiction of the ordinary.

These are the provisions made by this famous statute; which, upon the face of it, appears nothing more than an

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CHA P. ordinance prescribing a mode of visiting and correcting the government of public charities, under a commission from the ELIZAB. great seal. However, the anxiety hereby shown to protect and encourage such benevolent establishments, was, in aftertimes, made use of to deduce consequences not intended or foreseen by the makers of the act. It has been held, that gifts to corporations and bequests of estates-tail, without a recovery, are made valid by this statute, under the idea of appointments to charitable uses. 2 Atk. 552, 553. Duke's Cha. Uses, 84.

Of Church Leases.

While the parliament were consulting for the encouragement and due order of these institutions, it passed several acts for the preservation of another kind of public property, the possessions of the church: these had of late suffered considerable dilapidations. The revenues of bishoprics had always lain at the mercy of the crown; which, on the restitution of the temporalties, would reserve to itself out of them what it thought convenient or proper. To give an instance of the little scruple with which this was done, Henry 8., upon the judgment of præmunire against Cardinal Wolsey, then archbishop of York, seized York-house, the town-residence of that see, and ever after it remained in the crown; the bishop who succeeded having a right to no more than he was put in possession of, on the restitution of the temporalties. When the Reformation had begun, this practice of plundering the possessions of bishops became more common, owing to the delinquency many incurred by non-conforming with the new establishment, and the colour thereby furnished of seizing the whole or part under the notion of forfeiture.

This was one way in which the church was plundered; but this was involuntary. There was another practised by the churchmen themselves, which had very much increased of late, from the circumstances of the times. The clergy in queen Mary's time, particularly the bishops, foreseeing a protestant succession would soon take place, were resolved to make the most of their present possession; and exercised