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

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almshouses .....
To one of the almspeople in each parish for

reading prayers ....
For sea coal yearly to be divided equally

amongst the poor ....
To the parson of Newington and the parson

of St. George's, lOf. each . . • .

To the two upper wardens* ...
To the two younger wardens . - -

Tothederk . . . . .

To the rent gatherer ....
To the beadle and porter ...
To the servant of the clerk - . -

To the clerks and sexton of the two parishes -
To the wardens for visitingthe almshouses -
To the poor of the city of Hereford -



St. Gborgb, Southwark Almshousbs.

The land for the erection of the almshouses in St.
George's Fields appears to have been conveyed in the life-
time of Mr. John Walter, and that, in 1660, e^t alms-
houses had been built upon it, and by a deed of the 20th
February in that year it was declaied that the four houses
Ijring next together towards Newington should be from
tune to time inhabited bv aged, godly, and distressed poor
people of the said parish of good name and fame and of
quiet life and honest conversation, and none to be ekosm
but such as, for the space of two years then btfore, should
have received relief of the said parish, unless there should
happen such an extraordinary object of oharitv as thodn-
after mentioned who had not received parisn relief, and
yet should be thought more fit to be preferred than any
other, and that the said parishioners should elect only those
poor as should inhabit those four houses, namely, to in-
nabit the comer house thereof, two poor aged and godly
single men, and to inhabit the other three houses, six poor
aged and godly single women, two in each house : that the
two houses lying next such four houses should be for tibe
habitation of four single women or widows of the said
parish, two in each house, to be appointed by the wardens
of the Company, and the two houses lying next together
northward for the habitation of such poor as the four
wardens of the Drapers' Company should^elect to be taken
ftrom any place whatsoever, and that of those two houses,
the comer house should be for two men, and the other for
two single women or widows ; and it was agreed tiiat the
parishioners of St. George's (several being parties to the
deed) should from time to time repair the almshouses or
should forfeit the benefit of the election of their parish
poor.

Saint Mary, Nbwinoton, Almshousbs.

The same John Walter appears to have in his lifetime
built eight almshouses and a chi4>el, for which, by a deed
of the 2nd January 1660, ordinances were made in most
respects similar to those for the St. George's almshouses
above stated, with the exception that the almshouses were
to be chosen from St. Mary^s paricJi. Hiis deed providee
that six of those eight almsnouses erected as aforesaid
should be from time to time for the dwellings of the honest,
quiet, aged, and godly poor of that parish : the comer house
westward for two men, and the three houses next it and
the two houses next the chapel on the east side of that
chapel for ten women of that parish, two to dwell in every
house together. And that all the poor only to dwell in
the foiir houses on the west side of the chapel should be
from time to time thereafter named and chosen by such of
the i)arishioners of that parish as thereafter mentioned, they
making their election of such poor people and in such
manner as thereaft^ expressed, and that those poor people
to dwell in the other two houses on the east side of the
chapel, and in the two houses lying together next them
towards the east should be for the several dwellings of such
godly, aged, or fit poor as the four wardens of the Drapers'
Company should firam time to time name, elect, and place
to dwell or inhabit therein, and the jpoor which were to
dwell in the said two last-mentioned houses towards the
east were to be taken away ttom any place, town, or parish
whatsoever, and that of those two houses the comer or end
house should be few the habitation of two men, and the
other house for the habitations of two single women or
widowers. And it was further agreed that if thereafter at
any time the nuister, wardens, and coiurt of assistants of
the Drapers' Company or the said founder should find



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169



cause and think fit to have but one person to dwell in every
of those eight almshouses, that, then, and from time to
time thereafter there should be but one to dwell in every of
the said houses accordingly.

The lord of the manor of St. Mary, Newington, appears
to have been a party to the deed settling the site of the
almshouses in that parish^ being part of the waste of the
manor, which I presume became enftunchised by this con-
veyance.

Fhe will of the testator devising the estate for the en-
dowment before referred to, in addition to the specific pro-
visions above stated for the poor in the almshouses and
the various officers, appointed that such honest and godly
poor as should happen to be sick, extreme aged, blind, or
bedrid and could not work, but by want should be like to
perish, should, in the time of such their necessities, and to
avoid extremities, be relieved (as their necessities might re-
quire) by the said governors or paymaster with some part
of the moneys which should happen to be in stock for the
said poor. And he appointed the two younger wardens to
be governors of the almshouses. Various other directions
for the government of the institutions are set forth in the
Report of the Commissioners of Inquiry (vol. 32, part 2,
p. 407), which it is unneqessary to repeat.

A further endowment arose from Ann Mills' Gift.

Ann Mills, by an indenture of the 10th December 1690,
granted to the Company two messuages in Lime Street
and land in Islington, upon trusty to apply the rents for
the relief of the poor of the almshouses in St. George's and
Newington^ The property derived from this source is
numbered in the tabular statement of the Charity estate,
Nos. 12 and 13 (page 354).

The other endowment of the almshouses arose from
Walter and Richard Mills' Gifts.

Dr. Walter Mills and Richard Mills in the year 1 725 each
gave to the Company 350/. South Sea Annuities (making
together 700/. South Sea Annuities) in trust, to pay to the
almspeople of St. George's and Newington and also to
eight idmspeople in the St. Leonard, Shoreditch, alms-
houses 105. per annum each. This has now become
7941. 6*. 6d. (part of 1,489/. Ss. 9d.) Reduced 3/. per cent.
Annuities. Tne South Sea Annuities have been paid off
{see Table No. 10 below). Under the second clause in the
scheme hereafter mentioned, the Company are directed,
after the retention of 5 per cent, commission, to pay the
dividends to the St. George's and Newington almshouses
and to the Shoreditch almshouses in e(]^utd portions. The
construction of this has been one third to each set of
houses. I rather think equality of each recipient was
meant, but it must be remembered that the number of the
almspeople were formerly the same in each house.

The Commissioners of Inquiry by their Report, (vol. 32,
part 2, pp. 408, 409), set forth the estate and the manage-
ment of the institution up to the time of their inquiry.

On the 31st May 1852 an information was filed against
the Drapers' Conipany l«y the Attorney-General at the
relation of James Brooker and John Ireland, two inhabi-
tants of the parish of Saint Mary, .>c\vington, which was
several times amended by adding parties, and praying
that an account of the estate might be taken, ana that it
might be ascertained and declared in whom the legal estate
of the said almshouses, chapel, and premises were then
vested. And that it might also be ascertained who and
what classes or class of persons were entitled to elect the
said almspeople according to the true construction of the
said indenture of the 2nd January 1650 and of the lOth
September 1650, or either of them, and the said will of the
sud testator John Walter, and that it might be referred to
the Master to settle a plan or scheme for the future appli-
cation of all the rents and profits, interest, dividends,
annual produce ,and revenues respectively belonging to the
said endowment of almshouses in the said parish of Saint
Mary, Newington, to the use of tie said charity according
to the trusts of the indenture of the 2nd January 1650 and
the will of the said testator, and such other gifts and
bequests as aforesaid respectively, or as near thereto as
might be.

The information came on to be heard on the 11th Juno
1855, when an iuquiry was directed of who or what classes
or class of persons were entitled to elect the almspeople for
the almshouses in the parish of St. Mary, Newington.

'ilie chief clerk certified that the persons so entitled were
the rector or parson, the churchwardens and overseers of
the poor of the siud parish, and so many of the parishioners
as had borne the office or place of churchwarden or overseer
of the said parish or the greater number of them assembled
at a publi? meeting or vestry to be convened in manner by

A 14546.



the said indenture of 2nd January 1650 prescribed, and
the four wardens of the Drapers' Company.

The chief clerk's certificate (dated in December 1855)
further stated other particulars of the deed of settlement,
together with a local Act of the 54 Geo. 3., relating to
powers for rebuilding the workhouse of St. Mary's parish,
whereby the rector, churchwardens, and overseers, and also
the justices of the peace for Surrey resident in the said
parish, together with certain persons therein named, and
their succe'ssors to be appointed in manner therein-after
mentioned, were appointed governors and guardians of the
poor of the said parish for the purposes of well-governing,
providing for employing and managing the poor and for
carrying the several other purposes of the said Act into
execution. And that by the 57th section of the same Act
the inhabitants of the said parish in vestry assembled were
required to nominate eight householders, of whom the
justices of the peace for the eastern half hundred of
Brixton and borough of Southwark should appoint four to
be overseers, and such persons so nominated should thence-
forth, together with the churchwardens for the time being,
be overseers of the poor of the said parish, and they
were thereby required to take upon themselves the office of
governor and guardians, and to perform all duties of the
said office, as well as the matters and duties incident to the
office of overseers of the poor.

The information came on to be heard for further con-
sideration on the 6th March 1856, when the costs of the
suit were directed to be taxed and paid out of the funds of
the charity, and a proper scheme was ordered to be settled
by the judge of the court. In accordance with this order
the costs found due to the different solicitors and paid in
the year 1856 amounted to 1,671/. ISs, 5d,

It was on the 12th November 1857 ordered that the
application should be adjourned to be heard in Court upon
the question whether the right or election conferred by the
deed of the 20th February 1650 was not a duty, power, or
privilege within the meaning of the 19 & 20 Vict,
c. 112. s. 3., and therefore to be exercised by the vestry
elected under the provisions of the 18 & 19 Vict. c. 120.,
as amended by the last-mentioned Act, or whether it was
in the minister, churchwardens, and overseers, and such
parishioners of the parish of St. George-the-Martyr, South-
wark, as should pay taxations to the poor, and should not
keep inmates or poor lodgers, or the greater number of
them. And this question coming on the 25th February
1858, it was declared by the Coiurt that the minister,
churchwardens, and overseers, and such parishioners of
St. George-the-Martyr, Southwark, as pay taxations to the
poor, ana do not keep inmates or poor lodgers, or the greater
number of them, assembled at a public meeting or vestry
to be convened for the purpose, pursuant to the provisions
of the deed dated the 20th February 1650, were the parties
to be represented in proceeding on the inquiries durected
by the order of the 1st August 1857, or such of them as
related to the last-named parties ; and with that declara-
tion it was ordered that the said application be remitted
back to Chambers.

Several questions arose in the discussion in Chambers as
to the right of the several portions of the charitable objects
to a rateable increase of the income of the charity, and as -
to the right of a wider class of poor to participate in the
gift in cases of great distress and emergency, under the
clause in the will above referred to. The case was argued
in Court as well as in Chambers, and judgment was
delivered by the Vice- Chancellor (Kindersly) on the
5th March 1860, a transcript of the short-hand writer's
notes of which judgment is annexed to this report.

The scheme ultimately settled by the Court and con-
firmed on the 27th April 1861 is as follows :—

1. The Drapers' Company shall have power to grant
leases of the cnaiity estates for any term not exceeding 21
years in possession, provided that such leases be at the
best rent that can reasonably be obtained and without fine
or foregift.

2. The Drapers' Company shall pay the dividends to
accrue due on the sum of 794/. 6s. 6d, Reduced 3/. per
cent. Annuities (which represents the gifts of Walter Mills
and Richard Mills), after deducting the commission of
5 per cent, on the amount thereof, which is to be paid to
their derk in three equal portions among the poor inhabit-
ing the three sevend almshouses at St. Leonard's, Shore-
ditch, St. Maiy, Newington, and St. George's, Southwark.

The Drapers' Company shall carry the income arising
from the land which was the gift of Robert Render, after
deducting the like commission of 5 per cent, to be paid to
their clerk to the account of the St. Mary, Newington,
almshouses, to be wholly applied as a part of the income
of such almshouses.

The Drapers' Company shall carry the income arising
from the Ipnd, which was given by Ann Mills, in equfd



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170



CITY OF LONDON LIVBBY COMPANIES COMMISSION :



moieties to the accounts of the almshouses of St. Mary,
Newington, and St. George's, Southwark, to be applied as
pai iS of the incomes of such almshouses respectively.

Out of the income of the remaining trust property and
funds of the charity, there shall He paid by the Drapers'
Company to the trustees of the municipal charities of the
city of Hereford for the time being, or any two of them,
20Z. per annum, to be applied for the benefit of the poor
of that city.

To the clerk of the Drapers' Company for the time being,
a commission or salary after the rate of 51, per cent, per
annum on the income of such remaining trust propcarty
and funds, which commission or salary is to cover all
expenses for collecting the income and keeping the accounts
of the charity, but this allowance and the previously
allowed commission to the said clerk of the Drapers'
Company is not to exceed in the whole the annual sum
of 50Z.

To the vestry clerk of the parish of St. George's, South-
wark, and to the clerk of the governors and guardians of
the poor of St. Mary, Nemngton, lOZ. per annum each,
and an additional sum of 21. 2$. per annum to each of
such clerks for books, printing, stationery, postages, and
other incidental expenses.

To the beadle of the Drapers' Company \L per annum
and to the two elder or upper wardens of the Drapers'
Company 10/. per annum, to be equally divided between
them, and to the poor of the Drapers' Company 6L \3s, 4d,
per annum.

To the clerk and sexton of each of the two parishes of
St. Mary, Newington, and St. George's, Southwark, 13s.
per annum, to be equally divided between them ; and to
the parsons or rectors or the two last-named parishes for
visiting and spiritually comforting the almspeople, the sum.
of 31. 3s. each per annum.

3. Out of the accumulated fund abeadv made of the
charity properly, the sum of 40Z. sterling shall be paid to
the trustees of the municipal charities of the city of
Hereford for the time being, or any two of them, to be
applied for the poor of the said city, and the sum of
5Sl. 6s, 8(2. sterhng shall be applied for the poor of the
Drapers' Company, and the sum of 205^ 17*. od. sterling
shall be carried to the account of the St. George's, South-
wark, almshouses, to make good deficiencies in annual
payments heretofore made, and the residue of such
accumulated fund (subject to the payment of the costs of
this suit) shall be divided into two equal parts, one of
which shall be carried to the account of the St. Mary,
Newington almshouses, and the other to the account of
the St. George's, Southwark, almshouses, and such parts
thereof as shall consist of cash shall be respectively
invested in 31, per cent. Consolidated Bank Annuities.

4. The income of such part of the accumulated fund,
as under the preceding direction shall be carried to the
account of the St. Mary, Newington, almshouses, or as
shall be invested to that account under the directions
herein-after contained, and one moiety of the surplus
income of the charity, after making the payments directed
by the second clause, shall be applied according to the
provisions herein-after contained with reference to the
income of the St. Mary, Newington, almshouses, and the
surplus (if any), less only such sum as it may be necessary
to retain in hand for current purposes, shall be invested
in 32. per cent. Consolidated Bank Annuities to the
account of the St. Marv, Newington, almshouses. The
income of such part of the accumulated fund as under the
pr^seding direction shall be carried to the account of the
St. George's, Southwark, almshouses or as shall be invested
to that account under the directions herein-after contained,
and one moiety of the surplus income herein-before men-
tioned shall be applied according to the provisions herein-
i^ter contained with reference to the income of the
St. George's, Southwark, ahnshouses, and the surplus of
such last-mentioned income (if any), less only such sum
as it may be necessary to retain in hand for current
purposes, shall be invested in 31, per cent. Consolidated
Bank Annuities to the account of the St. George's,
Southwark, almshouses.

Mode of applying the separate Income of
St. Mary, Newington, Almshouses.

5. The number of the poor in the St. Mary, Newington,
almshouses shall be increased to sixteen.

6. The Drapers' Company shall, with the approbation of
the judge of the Court of Chancery, to whose Court this
cause and matters are attached, to be obtained by
summons at Chambers, provide by addition to or alteration
of the existing almshouses belonging to St. Mary,
Newing^n, or by the erection of new almshouses on the
same or any other site, or in such other mode as shall be
deemed preferable, proper accommodation for the number



of almspeople, and the costs of so doing shall

be paid out of the capital of the fund standing to the
account of the St. Mary, Newington, almshouses.

7. The St. Mary, Newington, almshouses shall be kept
in good repair, and insured against fire out of the i«icom«
belonging to the said almshouses.

8. Three-fourths of the inmates of the St. Mary, New-
ington, almshouses shall f^om time to time be elected oui
of such of the poor of that parish as shall be honest,
godly, and fit persons inhabitants of that parish, and who
shall be deemea fit objects of charity by the migority present
at any meeting duly convened of the following persons,
viz., the rector and churchwardens and overseers of
St. Mary, Newington, for the time being, the governors and
guardians of the poor of that parish for the time being, and
such of the ratepayers in that parish as shall have held
any of the above-mentioned offices who shall be resident in
that parish, or who being [non-resident shall have given
to the said clerk to the said governors and guardians notice
in writing of their places of residence, which persons are
herein-after described in the aggregate as the electors of
St. Mary, Newington. The rest shall be chosen by the
Drapers' Company as they shall see fit.

9. The electors of St. Mary, Newington, shall hold their
meetings at such time and place as they shall determine.
At every such meeting seven shall be a quorum; every
election made shall be immediately certified to the Drapers'
Company by the clerk to the governors and guardians of
the poor of St. Mary, Newington, whose duty it shall also
be to convene and attend the meetings of the electors, and
keep proper minutes of the proceedings at such meetings.
And mat the mode of convening such meetings shall be by
the said clerk giving five clear days' notice in writing to
such electors, to be left at their usual place of abode (if
residing in such parish), and in case of any such electors
residing out of the said pariah, then such notice shall be
sent by post to the places of residence of such last-men-
tioned electors, as they shall from time to time have
specified in writing to such clerk.

10. The Drapers' Company shall be at liberty to expend
a sum not exceeding 20/. a year in providing medical
attendance on and medicine and medical comforts for the
inmates of the St. Mary, Newington, almshouses.

11. Each of the almspeople in St. Maiy, Newington,
almshouses shall receive 11, lis, 6d, per calendar month,
and 2s, 6d, on the annual visitation by the Drapers' Com-
pany, and further, two tons of coals a year. But these
allowances shall be rateably reduced if the income proves
deficient.

Mode of applying the separate Income of the
St. George's, Southwark, Almshouses.

12. The number of the poor in the St. George's, South-
wark, almshouses shall be increased to 16.

13. The Drapers' Company shall, with the approbation
of the judge in Chambers, to whose Court this cause and
matters are attached, to be obtained by summons at
Chambers, provide by addition to or alteration of the
existing almshouses belonging to St. George's, Southwark,
or by the erection of new almshouses on the same or any
other site, or in such other mode as shall be deemed prefer-
able, proper accommodation for the number of almspeople,
and tne cost of so doing shall be paid out of the capital
of the fund standing to the credit of St. George's, South-
wark, almshouses.

14. The St. George's, Southwark, almshouses shall be
kept in good repair and insured against fire out of the
separate income of the said almshouses.

15. Three-fourths of the inmates of the St. George's,
Southwark, almshouses shall from time to time be elected
out of such of the poor of the parish as shall be honest,
godly, and fit persons, inhabitants of the parish, and who
shall be deemed fit objects of charity by the minority at a
meeting duly convened, of the following pmons, viz., tiie
rector of St. George's, Southwark, for the time being, and
the churchwardens and overseers of the poor, and such
parishioners of the parish of St. George-the-Martyr, South-
wark, as pay taxations to the poor, and do not keep
inmates or poor lodgers, or the greater nimiber of thm,
assembled at a public meeting or vestzy, to be convened
for that purpose, pursuant to the provisions of the deed
dated tlie 2()th day of February lo50, which persons are
herein-after described as the electors of St. Greorge's, South-
wark. The rest shall be chosen by the Drapers' Company
as they shall see fit.

16. The Drapers' Company shall be at liberijr to expend
a sum not exceeding ^/. a year in providmg medical
attendance on and medicine and medical comforts for l^e
inmates of the St. George's, Southwark, almshouses.

17. Each of the almspeople in the St. George's, South
wark, almshouses shall receive II, Us, 6d, per calendar



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171



month and 2s. 6d. on the annual visitation of the Drapers'
Company, and further two tons of coals a year ; hut these
allominces shall he reduced if the income prove deficient.
RuLBS applicahle to hoth sets of Almshouses.

18. No inmate shall he ahsent for any time exceeding
48 hours vnthout the consent in writing of one of the
wardens of the Drapers' Company, and then only for such
time as such consent shall autnonse.

19. The wardens of the Drapers' Company shall have
power to remove from the almshouses any inmate who, in
their judgment (which shall he final), shall be guilty of
msobnety, immorality, or imbecoming conduct, or snail
become unfit to remain an inmate.

20. The wwrdens of the Drapers' Company, or any two



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