"HISTORY OF THE LAW OF CHARITY 1532-1827" covers the period from the Reformation to the end of Lord Eldon's Chancellorship when the modern law of charity had taken a definite shape. Mr Jones shows how the contemporary religious, economic and social pressures moulded the substantive law and illustrates the importance of procedural considerations in defining the limits of legal charity.

Preface

List of Abbreviations

Table of Statutes

Table of Cases

THE DEVELOPMENT OF THE LAW OF CHARITY 1532-1700

 I Introduction: Charity Before the Reformation

 II The Reformation and the Law of Charity

 III The Statutes of Charitable Uses: 39 Elizabeth I c. 6 and 43 Elizabeth I c. 4

The common law background

The statutes of charitable uses

i The jurisdiction of the commissioners

ii The commission and the hearing

iii The powers of the commissioners and the Chancellor

iv The achievement of the commissioners

 IV The Development of the Law of Charity 1545-1700: A Definition of Charity

 V The Development of the Law of Charity 1545-1700: The Privileges of Charity

The perfection of imperfect instruments

i Defect of form

ii Incapacity at law

iii The limits of the Chancellor's indulgence

The application of charitable funds cy-pres

i Illegal charitable objects

ii Indefinite charitable objects

The application of surplus funds

 Limitation

 The Chancellor would hear charity suits even

 though the value of the property was under forty shillings

 Suits to enforce legacies to charities were not remitted to the ecclesiastical courts

 Priority over creditors of a bankrupt feoffee to charitable uses

 The commissioners for charitable uses were allowed

 to decree land to a corporation in esse without danger

 of infringing the mortmain statutes

 Marshalling of assets in favour of charity

 The restriction of the defence of bonafide purchase

THE DEVELOPMENT OF THE LAW OF CHARITY 1700-1827

 VI Introduction

 VII The Mortmain Act, 1736

The background to the Act

The interpretation of the Act

 VIII The Preamble to the Charitable Uses Act, 1601, and the Definition of Charity

 IX The Influence of the Mortmain Act, 1736, on the Definition of Charity

The Development of the Law of Charity 1700-1827:

The Privileges of Charity

The perfection of imperfect instruments

The application of charitable funds cy-pres 1700-1827

i Initial failure of a charitable object

ii The element of general charitable intention

The application of surplus funds

Marshalling of assets in favour of charity

 XI The Enforcement of Charitable Trusts 17oo-1827

Appendixes

 A Bills and Answers in Chancery relating to Charities: 1350-1601

 B Selected Transcriptions

 C The Charitable Uses Act, 1597: 39 Elizabeth I c. 6

 D The Charitable Uses Act, 1601: 43 Elizabeth I c. 4

 E A Bibliographical note on the Cambridge MS. of

 Francis Moore's Reading on the Statute of Charitable

 Uses: 43 Elizabeth Ic. 4

 F Francis Moore's Notes and his Speech at the Beginninge

 G A Case from Francis Moore's Reading

 H Inquisitions before the Charity Commissioners: 1597-1787

 I Decrees made by the Charity Commissioners: 1597-1787

 J The Mortmain Act, 1736:9 George II c. 36

 K The Poor Relation Cases

Index