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City of London Livery Companies' Commission: Report and Appendix, Volume 4 online

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£ 8. d.
116 6
116 6
154 13 10

77 6 11



Borough of Wallingford -
Poor Mercers ....

Bequest to prisoners ...

Clothing Poor in London . - -

£ 8. d.
Christ's Hospital - - 96 6

Bent purchased by the Company

for the benefit of the other

Charities, and which is added

to the distributable portion of

the estate - - - 20 116 6



£590 2 3



Taking the average income, independent

of the Stock, as - - - - 919 10

The average charges, say - - - 205 5



A sum is left of



^£714 5



distributable according to the scheme in aliquot shares
of one eighteenth. The average amount of one
eighteenth share is therefore 392. 138. 4d.

The three eighteenth share of the borough of Walling,
ford is remitted to the Treasurer of the Charity Trustees,
together with the dividends on the stock appropriated
to this branch of the Charity, amounting to 122. 19«.
annuallv.

The three eighteenth to the poor mercers is divided
amongst four freemen. In 1859 they received 322. 12».
each which included the dividends on the 4312. Us. 9d.
stock, apportioned to that account.

The four eighteenth to the prisoners is not wholly
expended in any year. The sum appropriated



In 1857 was
.. 1858 „
., 1869 „
,. I860 „



£ t. d.

. 90

- 117

. 19 10

. 97



The (Governor of Whitecross Street Prison (Colonel
Hicks) delivers an account of prisoners for debt, whom
he supposes to be obiects of the Cliarit> , to the Com-
pany* generally the debt not exceeding 52., but on some
occasions 102., and the sum granted by the Company is
paid to him, the governor of the prisoners.

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CITY. OP LONDON LIVBET GOMPAKIES GOHMI8&rON :



The accumulations on this
December 1860, were as follows:



account on the 31 st



2,000/. SI. per cent, consols - - -

A balance of 7S81 ISs, cash, of which a
sum of 500Z. consols was ordered to be
invested by the Court of the Company,
during the progress of this inquiry
(March 1861) - - . .

Which added to the four eighteenths, say,



£

60



15
156







Producing for this branch of the Charity £231



The Clothing op the Pooa in London.

The two eighteenths applicable to this purpose is
placed in the hands of the Kenter Warden. In the last
two or three years about bOl. has been laid out in
flannels and calicos which are made into bundles of
ten yards of calico and seven yards of flannel, and the
bundles are distributed by the Renter Warden upon his



own knowledge or the recommendations of others. The
rest is given away in money to persons known or recom-
mended to him in the same manner.

The vicarage of Kirton is considered to be worth
about 400L per annum. There is a good parsonage
house which has been lately rebuilt by tne aid of Queen
Anne's Bounty, and about four acres of glebe land. The
present vicar, the Bey. William Ludlow, was presented
by the Company in 1845. He is nominated by the
Gheneral Court of the Company. A question was sug-
gested before me on behali of the borough of Wallin^-
ford, whether the advowson was not a trust which in
conformity with the practice adopted in other cases,
should be made available by sale or otherwise for the
benefit of the objects of the Charity P On this point I
referred the parties to the Board.

Mr. J. K. Hedges, a solicitor of Wallingford, and
clerk to the Charity Trustees there, attended my inquiry
at the Mercer's Hall, and furnished me with an account
showing the several amounts received by that borough
for the last 20 years, which account I annex to my
Report.



Sib Thomas Bennett's Chabtty.
Beceipts.







£ 8.


d.










1840, January -


3/18th8of799 3


for the year


ending


October 1839


December -


},


829 3





a




it


1840


1841, December -


),


784 7


4


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it


1841


1842, December -


ft


817- 8





tt




it


1842


1848, December -


it


818 4





it




»


1848












a




it


1844


1845, Januuary -


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763 15





i*




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1845


1846, December •


),


767





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ti


1816


1847 -


1)


776 19


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it


1847


1848, December -


tt


723 19


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ti




ti


1848


1849, December -




650


4


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it


1849


1850, December -


tt


687 13


4


n




it


1850


1851, December -


it


537 5


6


a




ti


1851


1852, December -


it


631 12


9


it




tt


1852


1854, January -


it


470 13


11


it




it


1853


December -


ft


593 8


5


tt




»>


1854





it


one quarter


to Christmas 1854 of 148/. 7«. Id.






£ s.


d.










1855


it


455 10


6 for the year


ending


October 1855


1856 -


•>


606 9


10


a




3l8t December 1856


1867, December -


ti


687 15


8


it






1867


1858, December -


»


704 12


9


a






1858


1859, December •


a


715 3


9


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1859


1860, December -


a


696 2


9


»»






„ 1860


Bluwde


ll's G»t








in the gri


mt to the va



A


s.


d.


133


3


10


188


3


10


130


14


6


186


4


8


186


7


4


187


19


8


127


6


10


126


6


1


129


9


11


120


13


8


108


6





114


12


3


89


10


11


106


6


5


78


8


11


98


18


4


24


14


3


75


18


5


100


18


4


114


12


6


117


8


10


119


4





116





6



Peter Blundell, by his will 9th June, 1599, gave to
the Company 1502. to purchase lands and houses, and
pay 40«. yearly to the poor of Bedlam, and the residue
** to be so employed and bestowed as the Wardens of
" the said mystery for the time being for ever shall
" have and take the benefit thereof for their labour and
'' pains in and about the establishing and yearly paying
" of the said 40«. yearly for ever as aforesaid. And
he gave the Company by his said will 200^ The
Company laid out the 3502. in the purchase of property
in Cornhill, which has been taken for the New iCoyal
l^change. It is now represented by 9,51 IZ. 9«. 6d,
Consols in the Court of Chancery, 21. a year is paid to
Bethlehem Hospital, and three-sevenths of the remainder
is paid to the Master and Wardens, and the readue is
carried to the Company's account.

Ladt Joah Bradbukt's Chakitt.

Dame Joan Bradbury, (being authorised by Letters
Patent) by an indenture tripartite of the 2nd March
1523, declared the uses of a conveyance of the 12th of
May in the 8th year of the Bei^ of King Henry 8th,
which conveyed 29 acres of land m Mturylelwne, 20 acres
of land, 40 acres of meadow and 60 acres of pasture in
the Town of Westminster, and the parish of St. Giles'
and Saint Martin's-in-the-Fields (a portion of which now
remains vested in the Mercers Company and forms the
Bradbury Estate, in the table of such uuids) partly for
308. a year, to be distributed in coals to and among the
poor householders and inhabitants of the parish of St.
Stephen, Coleman, within 12 days before or after
Christmas in every year.

The greater portion of the rents of this large estate
are by the foundation deed directed to. be applied in the
maintenance of services for the souls referred to in the
deed. I do not find that any steps have been taken on
behalf of the Crown, under the Statute of Edward the
6th, but it is possible that this estate may be comprised



IS companies made in the

reignof Edward the 6th, and confirmed by the statute of
James 1st mentioned in my report on the Fishmonger's
Company's Charities.

It appears that the estates which are in Westminster
and are very extensive, now produce a rental of
S/7091. 10«. a year.

The sum of 30«. a year is paid to the Churchwardens
of St. Stephen's, Coleman Street, and a further sum of
16*. Sd. to the officer of the Company, to the Master
and Wardens 16a. Bd., to the Clerk Is. Sd., making
together 21. 68.Sd. » »

Viscount Campden's Exhibitions,

The Viscount Campden prior to 1685 devised as
follows : —

Whereas I have an estate of inheritance in fee farm
after the decease of the Earl of Korthumberland, in a
certain portion of tithes arising witLdn the territories
and hamlets of Woodhome, Beaton, Wytherington,
Creswell, Horton alias Horneton, Hirst, Errington, and
Linton, all which premises were parcel of the Beotory
of Woodhome in the County of Northumberland, and
late were parcel of the lands and possessiona of the late
Monastery of Tinmouth in the said county.

And after giving one moietv to the Church of Hamp-
stead in the Coniity of Middlesex, he gave the other
moiety of the said tithes to the said Company for the
better maintenance of such scholar and scholars as firom
time to time for ever from and after the death of the
said Earl of Northumberland should be preferred from
Paul's School to Trinity College in Cambridge; and
when such scholar and scholars should come to better
preferment from Trinity College, then his will was
that such other scholar or scholi^ of Paul's School that
be fitting to be preferred to Trinity College aforesaid
should have the benefit of his gift. And his will was
that the fee farm rent reserved to his Majesty and his
successors should, after the death of the said Earl of
Northumberland, for ever bo satdsfied and paid unto his



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MB. hake's reports. — MERGERS' COMPANY.



Majesty, his heirs and snooessors, equally out of the
profits of the said tithes by those that should enjoy the
Denefit of the surplusage of the said tithes.

The tithes are colle<£ed by a receiYer in Northumber-
land, who is appointed by the Company. The amount
of the ffross receipt in 1800 was 4d7Z. 19$, lOd, out of
which uiere was paid for taxes and collection 89Z. 5i.,
leaving a balance of S6BI. 19«. 6d. for the Oampden
Exchequer Fund for that year.

The accumulations of capital on the fund are now
represented by 20,000Z. reduced 3Z. per cent, annuities,
and 1,000Z. 3^ per cent, consolidated annuities, pro-
ducing together 6301. annual diyidend, making a total
net receipt for 1860 of 998L 19«. bd. Of this sum 820L
was paia for exhibitiouB. There were eight exhi-
bitioners, namely —

William Lawrence - - 120

Francis Whyley - - - 120

PaulWhalley - - - 100

Thomas Miller - • - 120

F.M.Williams - - - 100

W. D. Sweeting - - -80

T. W. Spurling . - - 100

W. M. Deane - - - 80

The exhibitions are held for four years, and all of them
must be given to scholars of St. Paul's School who
proceed to Trinity College, Cambridge.

The election is the result <^ examinations at the
school. The annual exhibition varies irom 80^. to 120L
It depends on the recommendation of the examiners.

Lady Cahpdbn's Chakity.

Elizabeth Yiscountess Campden bequeathed to the
Mercers Company, if they would take the same, and if
not, to the Cfompany of the Merchant Tailors, by her
will of the 14th February 1642, the sum of 3,100Z. to
purchase the inheritance of two church livings, parson-
ages, or rectories in Yorkshire, Lincolnshire, or Durham,
to be in the gift of the Mercers Company, and she also
gave to the Company the further sum of 1,000Z. to be
font to eight youn^ men gratis, together with a le^^y
to the Company, if they should undertake the things
required.

Chubch Liviiwj Fund.

In execution of the first durection of the testatrix, the
Company in the time of the Commonwealth, instead of
purchasing church livings, established two lectureships,
one at Grantham, and another at Wakefield. In 1804
an arrear of 931L 5/r. Oc?. had accrued owing to a vacancy
of the Grantham Lectureship. This was added to the
3,1002., tiie amount of the original gift, which had
theretofore been made a charge on the Company's
estates under the deed of 1699, as represented by l50i. a
year, part of the 548Z. Is. Od, a year secured by that
deed. This made together 4,031L 5a. Od., from which
was deducted 17Z. 9«. 6d. for law charges, leaving
4,013Z. lbs, 6(2. The Company does not appear to have
invested this sum: in any separate form for many years.
The first distinct investment on this account appears to
have been on the 23rd January 1824, when 5,97oZ. cash
was laid out in 6,666Z. 13^. 4(2. 3^ per cent, consols so as
to produce an exact dividend of 2()0L That investment
continued until the 29th May 1838, when the Company
purchased 4,095^ ISs. lOd. consols with the sum of
4,0132. lbs. 6(2. cash, being the amount due to the
charity estate on the account settled in 1804. The
larger investment then ceased to be treated in the books
of the Company as the fund of the Charity, the invest-
ment itself having been made, not as a binding
appropriation or as the produce of money really
belonging to the Charity, but merely as an arrange-
ment of convenience. Taking the Charity in 1804 tojbe
entitled to the sum of 4,013r 15^. 6(2. as ascertained in
that year, the interest thereof at five per cent, would be
about 200Z. a year, and it appears that by order of the
Court of the Company of the 20th December 1804, each
of the two lectureships was increased from 75Z. to lOOl,
per annum, which has ever since been paid, the lecture-
ship having always been kept full, and during any
vacancies in the regular appointments the dutv is
supplied by other clergymen, who are remunerated on
the same scale. As the dividends of the stock purchased
in 1838 amount to no more than 122Z. 178. M. a year,
the Company have since that time made up the annual
^sum of 2002; by a payment of 77{. 28. 8(2. out of their
own income.

Upon the present extent of the liability of the



Company in respect of these lectureships, it may be a
question whether the 4,0132. lbs. 6d. should not be
treated as if invested as it ought to have been in 1804,
and at the price of consols at that day it would
probably have produced at least sufficient to pay tiie
fuU sum of 200L a year, and it may be a question
therefore whether in order fully to satisfy the claim of
the Charity, a sufficient amount of stock ought not to
be provided to make up the 200{. a year, and in fact
whether the 6,6661. ISg. 4(2. should not be substantially
restored. I do not know whether it may be. fairly
assumed that the Company has admitted this liability
by paying annually 200Z.

A purchase of a tithe -rent on lands in East Bainton
and Houghton-le-Sping, in the county of Durham,
producing a gross moome of 134^., and net 1202., for
which 2,700Z. is demanded, with a portion of this
Charity fund, has been approved of by the Company.

The Company have been always under the impression
that they are not at liberty to purchase an advowson or
church living. The directions of the will are : —

** To purchase the inheritance of two church livings
parsonages or rectories, called appropriations or impro-
priations of lOOZ. a vear or more to either of them, if
the said sum woum reach unto it, the same to be in
Yorkshire, Lincolnshire, or the Bishopric of Durham
if convenient, if not, in some other places or counties
where either of the said Companies should best fit
themselves with such livings to be purchased, and find
most want of preaching ministers. And that the same
church livings or appropriations'so purchased should be
by one of the said Companies from time to time
successively after their wonted customs of election by
most votes at their general courts, conferred upon two
worthy ministers respectively that had taken the degree
of Master of Arts at the least, and should be under the
age of 27 years during such terms, and in such manner,
and with such provisions, that if they or either of them
should prove non-residents, or have any other benefit or
church living with cure of souls besides, or should so
neglect their charge or otherwise misbehave themselves,
that the said Company should think fit to remove them ;
that then the said Wardens and Commonalty and their
successors should and might remove, displace, and
dismiss them or either of them out of the said appro-
priations, or either of them, and elect others according
to their discretions."

Under this the Company have considered themselves
confined to the purchase of a tithe-rentcharge arising
out of or coming within the description of a rectory,
living, or parsonage, *' anciently appropriated to some
** abbey, monasterv, or religious house or houses now
** commonly (^lecL appropriations or impropriations of
** 1001. a year or more to either of them.

I cannot conceive that this is the correct construction
of the gift. The testatrix connects the locality of the
charge with the Ministerial wants, which woul<l be a
matter of no importance if a tithe-rentcharge arising in
one locality could be bought, and the income appro-
priated to the performance of duties in another. When
the proposed net inoome of 1202. a year from the
HoGghton-le-Spring[ tithes shall be purchased, it is
contemplated that it may be dealt with in one of two
ways, either that the Company shall receive the rent-
charge of 1201. a year in Durham, and pay it over to
the lecturer at Gbitmtham, or, direct l^e lecturer of
Grantham to collect it himself. The result appears to
me to be almost absurd. It is due, however, to the
Company to say that they have been advised by
somewhat high authority.

The Company in 1821 took the opinion of Sir
Anthony Hart, who said, **I am of opinion that the
*' Trustees cannot lav out the fund in the purchase of
** any spiritual benefice ; an advowson impropriate is a
'* mere lay fee, and the rents and profits may be held
*' and used as those of any other real estate. Conse-
" quently the trustees, by having the authority to
*' withhold the rents and profits, from any lecturer who
** may neglect his duty or misconduct himself will
*' thereby effectually enable themselves to operate his
*' removal. But if the fund should be laid out in the
** purchase of an advowson, the lecturer must be pre-
*• sented and become the parson of the parish from
** which he (M)uld not be removed by the authority of
** the trustees, nor could the lectureships be removed
** to any other place ; the trust would then cease, and
** the estate would be merely subject to the ecclesiastical
" law of the land."

The difficulty which appeared to Sir Anthony Hart as
an objection to the purchase of an advowson that die
incumbent could not be removed for the causes referred

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CITY OF 1.0ND0N tlVERY COMPANIES COMMISSIONS



to in the will, may be obviated by a resignation bond.
There is nothing in the provisions of the will which
require that if the ministers should prove non-resi-
dents, or have any other benefice or cure, or other-
wise neglect their charge or misbehave themselves,
they shsdl be removed, which is in any respect simo-
niaoal. Such a clause is in aid of, rather than contrary
to, ecclesiastical law as well as policy ; its legality is
supported by express decision (Bagshaw v. Bosseley 4,
T. R. 78, and see Burns Ecclesiastical Law, Vol. 3,
p. 633). and it is wholly unaffected by the Statute on the
subject of Besignation bonds.

It is plain that the method of dealing with the
bequest advised and adopted is subject to the greater
difficulty that the Company have no absolute power of
appointment of their nommee to the spiritual care of
any parish or district whatever. This is exemplified in
lEact by the refusal of the pulpit at Wakefield to their
lecturer.

The lecturer at Wakefield preaches at one of the
district churches, and delivers a lecture on each Sunday.
The rector of the parish Church refused to admit the
lecturer appointed by the ComjMmy. The lecturer at
Grantham preaches in the parish church, he is the
curate appointed by the rector, some arrangement of
ministerial duty having been made under the authority
of the Bishop.

Loan Fund.

The sum of 1,000^, which by the Beport of the Com-
missioners of Inquiry (Vol. 6, p. 317) did not ap|>ear to
have been lent according to the will, was the subject of
a suit in the Court of Chancery by the Attorney
Greneral, at the relation of John Kemble Chapman,
against the Mercers' Company. The result of which
was that the Company were ordered to account for the
sum of 1,000L ana interest at 5Z. per cent, for 20 years,
and that a scheme was settled for the further appro-
priation and administration of the 2,0002. and subse-
quent interest with which the Company was thus
charged. I subjoin copies of the decrees and also of
the scheme.

The costs amounted to 379Z. 15^. 9d., of which the Com-
pany bore 239Z. 5«. M, and the remainder, 1401. 108. 6(2.,
was paid out of the Charity fund, which reduced the
2,0002. to 1,859^ 9#. 6d. The balance, or the greater
part thereof, has been subsequently lent at various times
in sums of 5002. without interest pursuant to the
scheme.
The present borrowers are : —

£
Thomas Mann - - 200

Thomas Bobins • . - 150

Thomas Totton • - - 250

Wilton Parker - - - 500

John Frasby Scarborough - 500

They are members of the Company, and are on the
Livery. There are few members not on the Livery,
and none who would be proper borrowers. It has not
been the habit to publish the advertisements, as the
Company have considered the application sufficient
without that publicity, and it is ODvious that a per-
petual course of advertisements must exhaust the ftmd.
The accounts have not been passed before the master, as
such a disbursement would still more rapidly have
extinguished the fund.

Since the suit a sum of 52. 14«. has been expended on
advertisements, and 582. 7s. 5(2. in law costs (partly
for taking the opinion of the Court on the nature of the
securities), thus reducing the capital fund to 1,8012. 2$. Id.
The loans above stated amount to 1,6002., and the
balance in .hand therefore is now (January 1861)
2012. 2$. Id.

Chebtset's Gift.

Bobert Chertsey devised to the Mercers* Company,
hj his will 1st April 1555, certain property in St. James,.
Garlickhithe, conditioned to pay to three poor house-
holders free of the Company 7c2. a week each. The
Company pay 42. II5. a year to three poor freemen of
the Company. They are persons who receive other
pensions from the Company, or are otherwise benefited.
One of the persons is an under-beadle or labourer at
the Hall.



CiiJLKE's Gift.



Mrs. Catherine Clarke having paid to the Company
2402., the Company bv indenture of 20th June 16II,
covenanted to pay 122. a year to the vicar, church-



wardens, and overseers of Harrow, Middlesex, for 12 of
the poor inhabitants. The fund has been increased by
the amount of 1242. 2«. 32. per cent, consols, produced
from arrears, standing to the account of the Company,
the dividen(ls on which are 32. 149. 5(2. The annual
sum of 152. 148. 5(2. is paid on the receipt of the vestry
clerk of the parish of Harrow.

Collier's School at Hoasham, Sussex.

Bichard Collier by his will of the 23rd January 1532
directed that his messuage (»dled the Sonne in our
Lady-le-Bow, London, should be sold and the money
em^uoyed in building a house to keep a free school at
Horslmm, for 60 scholars, and the master to have a
salary of 102. a year, and the usher 10 marks (62. 13a. 4d.)
to be admitted by the vicar and churchwardens and
eight honest men of the uarish ; and the testator willed
that the poor people of tne same parish and next about
the same should be preferred, and that the vicar and
churchwardens should present the said master and
usher to the M!ercers' Company, and the wardens were
to pay the salJaries of the master and usher, and the
said wardens and Company to have for their perform-
ance of the same l^e house called the Eeay, with the
appurtenances in Cheapside, in the parish of St. Fan-
eras, in the ward of Cheap, to be made sure to the said
Company for evermore paying that afore-recited. And
the wardens to have 20«. yearly for their painstaking,
and more to be taken out of the same when it should be
needful to see such reparations as should be meet to be
done. And if the said wardens refuse the said house
for the premises aforesaid, then the testator willed that
the vicar and churchwsurdens of Horsham aforesai(l
should receive the rents that the wardens aforesaid
should have done and the residue and overplus of the
same more than the charge of the schoolhouse by them
to be received yearly to be bestowed in the rcnparations
of the said messuage on the maintenance of highways
about the said town and parish of Horsham where as it
should be needful so that it should be not passing 6
miles from the said parish.

In addition to the foregoing devise the Will of



Online LibraryGreat Britain Great Britain. London livery companies commissionCity of London Livery Companies' Commission: Report and Appendix, Volume 4 → online text (page 3 of 169)