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

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Rent yearly for ever to have in possession, and willed
further that the said Four hundred Ducats yearly should
be bestowed in Marriage to Four Maidens being Orphans
and of his lineage and blood, if they could be found, and
the next of kin to be first served of the said Four Maidens,
and they to have each of them One hundred Ducats ; and
if no such Maidens of his blood should be found, then to
marry other Four Maidens, although they should not be
of his lineage, with condition that they should be honest
and of good name and fame, each of them to have One
hundred Ducats, and to spend the Four hundred Ducats in
Marriage, every year to marry Four Maidens for ever ; and
if the said Twelve thousand Ducats should buy more than
the said Four hundred Ducats of yearly Rent, to bestow
the residue in Marriage of Maidens being Orphans, and to
the increase of the said Four Maidens' Marriage, as best
should seem to the Wardens of the said House : And that,
by an Indenture bearing date the Thirty-first day of
March, One thousand five hundred and forty-three, made
between King Henry the Eighth of the first part, and
the Master, Wardens, Brethren, and Sisters of the Com-
pany of Drapers of the other part, the said King, for the
consideration therein- after expressed, granted to the said
Master, Wardens, Brethren and Sisters, and their succes-
sors, the Capital Messuage and two gardens and other
buildings to the same annexed, in the parish of Saint
Peter-le-Poor, within the Ward of Broad Street, in the
City of London, and in the parish of Saint Stephen, Cole-
man Street, paying yearly Ten shillings and fourpence
into the Court of Augmentation : And the said King
thereby declared that he would grant to the said Master,
Wardens, Brethren, and Sisters, and their successors, the
Premises aforesaid by Letters Patent under the Great Seal,
with the rents and profits thereof, from Lady Day then
last ;- in consideration whereof the said Master, Wardens,
Brethren and Sisters, covenanted to pay to the said King
the sum of One thousand two hundred pounds, and the
said Master, Wardens, Brethen and Sisters, in further
recompense and satisfaction of the Messuage, lands, and
other premises before mentioned, did for themselves and
their successors covenant with the said King and his suc-
cessors that they and their successors would and should
yearly thereafter give, distribute, and dispose of the rents
and profits which at any time thereafter should clearly
accrue from the said Premises, over and besides all charges
and costs which should be bestowed in the reparation of
the said Premises, to and for the Marriage of Poor Maidens
being Orphans, at the discretion of the said Master,
Wardens, Brethren, and Sisters of the said Company for
the time being : And that by Letters Patent, bearing date
the Fourth day of July, in the Thirty-fifth year of King
Henry the Eignth, the said King, in consideration of One
thousand eight hundred Marks, granted to the said Master,
Wardens, Brethren, and Sisters of the said Company of
Drapers, the said Capital Messuage and Gardens men-
tioned in the said Indenture, in the Parish of Saint Peter-
le-Poor, and in the same Letters Patent described as
abutting upon Broad Street South, and the Messuages,
Tenements, and Cellars lying together near the Church of
the Convent 6f the Augustine Brothers in the said Parish
and in the Ward of Broad Street, abutting upon the street
leading towards Lothbury on the South, and the way
leading to th^ Priory of the Augustines upon the North ;
also a Messuage or Tenement, Cellars, and a Gatehouse
fronting South towards Broad Street, and abutting North
of the Churchyard of the said Convent, and a Watercourse
and running of conduit water to the said Capital Messuage,
and a W^ay to the said Capital Messuajje and Tenement
thereto bdonging by the Gate called Fnars Gate to Broad



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MR. hare's report. — DRAPERS* COMPANY.



203



Street t And that about Nineteen years after the death of
the said Testator Thomas Howell a Suit was instituted in
the said Court of Chancery by certain Orphans of Wales,
on behalf of themselves and other kinsmen of the said
Thomas Howell, against the Master, Wardens, Brethren,
and Sisters of the said Company of Drapers, setting forth
the purport of the Will of the said Thomas Howell, and
alleging that the Defendants bad received the Legacy
thereby bequeathed, and had purchased with part thereof
Lapds and Tenements of the yearly rent of One hundred
and five Pounds, but had disposed of the residue to their
own uses, and claiming the benefit of the said Charity ;
and that the said Company put in their Answer in the said
Suit, and thereby stated amongst other things, that they
had received Eight thousand seven hundred and twenty
Ducats, which they had disposed of in the purchase of
Tenements and Gardens which produced a Rent of One
hundred and five Pounds per Annum or thereabouts, but
that the reparations and other charges of the Premises so
purchased had stood them in Thirty Pounds a year, and
were like to do so yearly, so that one year with another they
had received over and above all charges Seven^ pounds,
which they had bestowed in the Marriage of Maiden
Orphans as therein mentioned, and that they always in-
tended as near as they could to perform the said Will with
as much of the rents of the premises as should come clearly
to their hands over and above all charges : And that, bv
the Decree made in the said Suit on the Twenty-fourth
day of June, One thousand five hundred and fifty-nine, it
was Ordered, that once every year, at the Feast of the
Purification, a Certificate should be made out of a certain
Pedigree or herbal therein mentioned, which Certificate
should be made by the Bishop of LlandafE for the time
being, or if vacant by the Dean and Chapter of the same
Diocese, in writing under their respective seals, and deli-
vered to the said Master and Wardens, ascertaining and
proving that the Four Orphans named therein were next
of kin, lineage, and blood to the said Testator, and that
they were Orphans, fatherless and of the age of Twelve
years and upwards, and were then li\4ng, on which Certifi-
cate the said Master and Wardens for the time being
should forthwith make payment of Eighty-four pounds
yearly out of the Rents and Revenues of the said Lands
and Tenements to the hands of the said Bishop or Dean
and Chapter, to the use of the said Four Orphans for
that year equally between them to be divided, that is, to
each of them Twenty-one pounds; on which payment
the said Bishop or Dean and Chapter should deliver to
the said Master and Wardens an Acquittance, which
should be a sufficient discharge to the said Master and
Wardens and their successors, against the said Four
Orphans, and all others, for so much as should be paid to
theur. use : And, if it should happen at any time tnat any
of the said Orphans then being next of kin and blood to
the said Thomas Howell should be within the age of Twelve
years and not marriageable, all such sums of money as
should then be due should be paid over to such other Four
of the said Orphans, being of the next descent, as should
be above the age of Twelve years and marriageable, pro-
vided that the Orphans then being within the age of Twelve
years should not be secluded nor lose their portions, but
that, when they should accomplish the age of Twelve years
or upwards, and the same certified in form aforesaid, pay-
ment should be made to them : And it was further
Ordered, that such Maidens as should thereafter be
married, being justly certified in form aforesaid to be of
kin to the said Testator according to the said Pedigree,
might notwithstanding their said Marriage be admitted to
receive their portions when the time should come, although
they should be so married before they ought to receive the
same : And it was further Ordered, that if it should chance
the said Tenements out of which the said yearly sum of
Eighty-four pounds was to be paid should be so decayed
that the same could not be levied, the Master and Wardens
should be charged but with the residue that should remain,
and that if the said Lands and Tenements should be
improved over and above the said sum of Eighty-four
pounds, and over and above Twenty-one pounds allowed
yearly to the said Master and Wardens for their ordinary
and extraordinary charges, the same improvement over and
above the said suras of Eighty-four pounds and Twenty-
one pounds should be equally divided yearly to the said
Four Orphans equally in form aforesaid; foreseeing
always that the same improvement yearly to be divided to
the said Four Orphans did not exceed the value of Sixteen
pounds by the year : Provided also that, if the said Master
and Wardens snould at any time thereafter receive the sum
of Three thousand two hundred and eighty Ducats of the
Executors of the said Thomas Howell, being the residue of
his Legacy, or so much as might purchase an increase of
I.4uid8 and Tenements or other yearly hereditaments to the



Answer of
the Defen-
dants.



Decree of
the Master
of the Rolls,
29th April
1846.



yearly value of Sixteen pounds or under, that the said
Master and Wardens should yearly thenceforth pay on
Certificate as aforesaid to Fomr of the said Orphans so
much as the said increase in rent of the premises so to be
purchased should amount to ; foreseeing that in the whole
the said Orphans should not be paid above the yearly sum
of One hundred pounds : And the said Information further
stated, that out of the rents carried to the account of the
said Charity the following payments were made ; (that was to
say,) a quit rent to the Grocers' Company, One pound ; a
quit rent to the Parish of Saint Edmund the King, Five
shillings and fourpence; to the Clerk of the Company,
Ten shillings; incidental expenses for the Surveyor's
charges and repairs ; to the order of the Bishop of LlandafiF,
on the receipt of a certificate that the Four persons therein
named had been appointed to receive marriage portions,
such persons being maidens, orphans, next of kin and
lineage -and blood to Thomas Howell, and of the age of
Twelve years and upwards. Eighty-four pounds ; and that
the residue of the said rents was carried to the account of
the said Company's Income :

And whereas the said Defendants to the said Information
put in an Answer thereto, and they thereby admitted
(amongst other things) that out of the rents carried to the
account of the said Charity, amounting, as stated in such
Answer, at the time of the said Information being filed, to
the sum of One thousand nine hundred and forty-one
pounds fifteen shillings and one penny per annum, the said
several payments in the said Information mentioned were
made, ana that the residue of the said rents was carried to
the account of the said Company's income ; and the Cause
came on to be heard before tne Right Honourable the
Master of the Rolls, and a decree was made by Ids Lordship
on the Twenty-ninth day of April, One thousand eight
hundred and forty-five, whereby it was declared (amongst
other things) that the whole of the Funds or sums of
money which came to the hands of the Defendants under
and by virtue of the said Will of the said Thomas Howell
were appUcable to the charitable purposes mentioned in the
same Will, and that the whole of the said Land and
Premises mentioned in the said Indenture of the Thurty-
first day of March, One thousand ^ve hundred and forty-
three, and the Letters Patent of the Fourth day of July in
the Thurty fifth year of King Henry the Eighth, were held
by the said Company in trust for the charitable purposes
in the said WiD declared : And it was fmrlher Ordered,
that it should be referred to the Master in rotation,
amongst other things, to take an Account of what the
Property of the said Charity then consisted, and what was
the then present Income arising therefrom : and it was
further Ordered, that the said Master should approve of
and settle a Scheme for the future administration of the
said Charity, and the application of the income thereof; And
that it should be referred to the Master to inquire and state
whether, having regard to the charitable objects contem-
plated by the said Testator, and the increased amount of
the Rents, Profits, and Income of the Charity Estates, it
would be fit and proper that any and what extension of
charitable objects and uses should he made of the said
Charity, so as to embrace other objects than those imme-
diately contemplated by the said Testator; and if he
should be of opinion that such extension should be made,
then he was also to approve of a Scheme for such purpose :
And the said Master was to inquire and state, whether it
was necessary that an Act of Parliament should be obtained
for carrying into eflfect such Scheme as he might approve
of, and if he should be of opinion that the same was
necessary, then that he might settle the Draft of a Bill for
an Act of Parliament to be applied for by the Defendants
for the establishment of any such extended Scheme for the
Appropriation and Application of the Income of the said
Charity Estates, or any part thereof; and also for the
absolute Purchase by the said Defendants of such part of
the said Charity Estates whereon the Hall and Buildings
occupied by them were built, and of the Gardens attached
thereto, discharged of the Charitable Trusts to which the
same were then subject ; and for the Investment and Dis-
position of the Purchase Money to be paid by the said
Defendants for the same :

And whereas Sir George Rose, the Master to whom the Master's
said Cause stood referred, made his Report dated the ^J^Vyf
Twelfth day of February, One thousand eight hundred and i846.
forty-six, and thereby found amongst other things, that
with the money the said Company received for Oils sent to
them by the Executors of the said Testator, Thomas
Howell, the costs, charges, and losses deducted, they the
said Company purchased Tenements and Gardens in the
City of London of the yearly rent of One hundred and five
pounds or thereabouts, and that the site of the said Hall with
the Gardens thereto belonging was part of the hereditaments

Cc^



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2aj



OITT^ OF LONDON LIVERY COMPANIES COMMISSION:



Order of
MftBter of
BoUs, 10th
March, 1846.



Indenture of
LeMe,16th
April, lSi6.



Order of
Mmsterof
Bolls. 2nd
June, 1846.



Master's
Report, 4th
June, 1846.



v>>n Armed
by Order of
Master of
Rolls, 6th
June, 1846.



9 A 10 Vict.
cl9.



SO purchased ; and that if the said Hall and Gardens were
then to be sold, it would, under the circumstances men-
tioned and stated in the said Report, be more beneficial to
the said Charity that the same should be sold subject to a
Lease thereof for Twenty-eight years from the year One
thousand eight hundred and forty-three, at a ground rent
of One hundred and twenty pounds a year :

And whereas by an Order of the Master of the Rolls,
dated the Tenth day of March, One thousand eight hundred
and forty-six, it was Ordered, that the said Master's said
Report should be confirmed ; and it was referred to the
said Master to approve of a Lease of the Hall and Garden
of the said Defendants, to be granted by them to such
persons as should be nominated by the said Defendants
for a term of Twenty* eight years, to be computed from the
year One thousand eight hundred and forty-three, at the
yearly rent of One hundred and twenty pounds ; and by
Indenture of Lease, dated the Sixteenth day of April, One
thousand eight hundred and forty-six, and made between
the said Master and Wardens and Brethren and Sisters, of
the one part, and Robert Hendrie, Nathaniel Huson,
Robert Barclay, and William Vardon, of the other part
(the said last-named parties being Trustees nominated by
and on behalf of the said Company), the said Hall and
Gardens, as delineated and described in the Plan drawn on
the back of the Fourth Skin of the same Indenture, were
granted and demised by the said Master, Wardens,
Brethren, and Sisters unto the said Robert Hendrie,
Nathaniel Huson, Robert Barclay, and William Vardon,
their executors, administrators, and assigns, for the term
of Twenty-eight years from the Twenty-fifth day of Decem-
ber, One thousand eight hundred and forty-three, at the
yearly rent of One hundred and twenty pounds :

And whereas by another Order of the Master of the
Rolls made in the said Cause and dated the Second day of
June, One thousand eight hundred and forty-six, it was
referred to the said Master to settle and approve of the
Draft of a Bill for an Act of Parliament to enable the said
Defendants to purchase such part of the Charity Estates
whereon the said Defendants' Hall and Buildings occupied
by them were built, and of the Gardens attached thereto,
discharged of the Charitable Trusts to which the same were
subject, and for the Investment and disposition of the
Purchase Money to be paid by the said Defendants for the
same : And the said Master by his Report, dated the
Fourth day of June, One thousand eight hundred and
forty-six, certified that in pursuance of the said Order he
had settled and approved of the Draft of a Bill for the
purposes last aforesaid (being the Bill which was passed
and carried into effect by the Act next herein-after men-
tioned) : And the said last-mentioned Report was confirmed
by an Order of the Master of the Rolls dated the Sixth
day of June, One thousand eight hundred and forty-six.

And whereas an Act was passed in the Tenth year of the
reign of her present Mf^esty, intituled ** An Act to autho-
" rise the Sale of Part of the Charity Estates vested in the
" Master and Wardens and Brethren and Sisters of the
" Guild or Fraternity of the Blessed Mary the Virgin of
** the Mystery of Drapers of the City of London, upon
" the Trusts of the Will of Thomas Howell, deceased,"
whereby, after reciting the filing of the above-mentioned
Information on the Twenty-seventh day of July, One
thousand eight hundred and thirty-eight, and the said
Decree of the Master of the Rolls made on the hearing of
the said Information on the Twenty-ninth day of April,
One thousand eight hundred and fortv-five, and the said
Master's said Report dated the Twelfth day of February,
One thousand eight hundred and forty-six, and the said
Order of the Master of the Rolls of the Tenth day of
March, One thousand eight hundred and forty-six, and the
said Indenture of Lease of the Sixteenth day of April, One
thousand eight hundred and forty-six, and the said Order
of the Master of the Rolls of the Second day of June, One
thousand ei^ht hundred and forty- six, and the said
Master's saia Report of the Fourth day of June, One
thousand eight hundred and forty-six, and the said Order
of the Master of the Rolls of the Sixth day of June, One
thousand eight hundred and forty-six, it was enacted,
That it should be lawful for the said Maister and Wardens
and Brethren and Sisters, as the Trustees of the said
Charity Estates, at any time thereafter, with the approba-
tion and under the direction of the Court of Chancery,
absolutely to make sale and dispose of the Freehold Rever-
sion and Inheritance of the Hall, buildings, gardens, and
premises comprised in the said therein and herein-before
recited Indenture of Lease, unto the Master and Wardens
and Brethren and Sisters for their own use and benefit, for
such sum or sums of money, and under and subject to
such special conditions and restrictions, as to the said Court



of Chancery should seem reasonable, and that, upon pajrment
of the Purchase Money into the Bank of England in
manner therein-after directed, the Master and Wardens and
Brethren and Sisters should grant, convey, and assure the
same, with their rights, members, and appurtenances, to
the use of them the Master and Wardens and Brethren
and Sisters, their successors and assigns for ever, discharged
of and from all the Charitable Uses and Trusts to which
the same hereditaments and premises were then or should
at the time of such sale be subject or liable: And itjnras
also enacted. That the hereditaments and premises com-
prised in such grant, conveyance, or assurance should
immediately upon the execution thereof be held and enjoyed
by the Master and Wardens and Brethren and Sisters,
their successors or assigns, freed and absolutely discharged
of and from all such Charitable Uses and Trusts as afore-
said : And it was also enacted. That the Master and
Wardens and Brethren and Sisters, if and when they
should become the Purchasers of all or any part of the
said hereditaments by the said Act authorised to be sold
as aforeswd, should pay their Purchase Money into the
Bank of England, in the name and with the privity of the
Accountant-General of the High Court of Chancery, to
the credit of the cause " The Attorney-General r. Drapers'
Company, Ex parte the Drapers' Company," in the
manner directed and provided by the said Act : And it was
also further enacted and provided by the same Act, That
the Certificate of the Accountant-General of the said Court
of Chancery, together with the receipt of the Cashier of the
Bank of England of the payment of such purchase money,
should be a sufficient discharge for the same : And the
same Act also contained provisions for the Application and
Investment of such Purcnase Money, and for the payment
of the costs, charges, and expenses of obtaining the said
Act and of the Sale or Sales thereby authorised under the
sanction and by the direction of the said Court of Chan-
cery, to be obtained in the manner in the same Act
mentioned and provided in that behalf :

And whereas the said Master to whom the said Cause B«P«t,4tti
stood referred made his Further Report therein, dated the "'^'^ ^^^
Fourth day of March, One thousand eight hundred and
fifty-one, and he thereby certified and found, amongst
other things, that the Accounts of the Renter Wardens of
the said Company contain from a very early period— (that
is to say) — ^from the year One thousand five nundred and
sixty — a separate Rental under the head of "Howell's
Trust," corresponding in substance with those of later
years; and that the Property now held by the said Com-
pany in the Parish of Saint Peter-le-Poor lies altogether,
and consists of the Company's Hall and Gardens on the
West side and partly on the North, and is bounded partly
on the North and East sides by Austin Friars and on the
South by Throgmorton Street, and that the remainder of
the said Property is in Dowgate, in the Parish cf St. Mary,
Botham ; and that part of the Property held by the said
Company in trust for Howell's Charity forms a connected
range of Buildings and Premises bounded on the East by
Bush Lane and Dowgate Hill, on the North in part by the
Parsonage House and Old Church-yard of St. Mary,
Botham, and the rest of the North side, consisting of
houses on the North of Scots Yard, which runs into Bush
Lane, and on the South that it is bounded partly by
Plumbers' Hall, and that there are two Warehouses on the
South by Checquer Yard, which run from Bush Lane to
Dowgate, the site of which Warehouses is partly in Saint
Mary, Botham, and partly in Saint Michael Royal, and is
considered as belonging part to Howell's Charity and part
to the said Company : And the said Master further found
that there are also in Scots Yard six other Houses and
Warehouses, being part of the said Howell's Charity
Property, which till about the year One thousand eight
'hundred and twenty-nine were let on lease, latterly at rents
amounting to nearly Four hundred Pounds, and which
have been abandoned by the Lessees or left on the expira-
tion of the Leases, an(l that it was alleged that they bad
been ofPered in several ways to be let, but that no adequate
offer had been made for them : And the said Master further
found, that the present Income arising from the said
Charity Property, exclusive of the Interest on the Purchase
Money of the said Hall of the said Company, is Two
thousand one hundred and thirtr-eight pounds thirteen
shillings or thereabouts : And the said Master further
stated, that he was of opinion that, having regard to the
Charitable objects contemplated by the said Testator and
the increased amount of the Rents, Profits, and Income of
the Charity Estates, it would be fit and proper that an
extension of Charitable objects and uses should be made, so
as to embrace other objects than those immediately contem-
plated by the said Testator, and that a Scheme had bc^en
proposed by the said Attorney- General for the future



Online LibraryGreat Britain Great Britain. London livery companies commissionCity of London Livery Companies' Commission: Report and Appendix, Volume 4 → online text (page 60 of 169)