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

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of the charge, and the Company do not consider themselves
bound to render any further accoimt of the rental of the
estates which they claim as the property of the Company
subject to the specific charges.

It is to be observed that the question is whether the gift
of the " residue " to the Company, under the circumstances
in which the testator sets out first the annual value of his
estate at 182/., and then specifically appropriates the sum
to divers objects, amounting to 160/.,* and concludes by
saying '* the residue " shall go to the Company, the ward
" residue " should not be read as if he had said and the
remaining 22/. a year.

The almshouses at Harrietsham were first built in 1651,
and were rebuilt by the Company in 1770 and 1772. They
consist of 12 distmct houses under the same roof with a
good garden to each, which the almspeople had in their
own occupation. Six of the almspersons are free of the
Company, and six are parishioners of the parish. They
are tiX chosen by the Companv, but as to the parishioners
a presentment is made by the clergyman, churchwardens
and parishioners, and two justices of the peace of the names
of eligible persons, from whom the Ck>mpany elect. I
append a prmted copy of the orders and rules of the alms*
houses.

The six almspeople of the Company receive each \2s, per
week if married, and Ts, per week if single. The sums
paid in 1860 amounted together to 135/. As, This included
the 35/. 10s. Ad, per annum under Copping's gift. (See
page 7 of this Report.)

The parishionary almspeople are paid each 6/. per annum,
36/.

This payment has been made to them since the 1st
August 1827, soon after the last inquiry. (Sec Vol. 12, page
122.)

They also receive under Owen's gift annually (see page
36 of this Report) 1/.

The Company allow the free people 36 cwt. of coal,
and the panshionary almspeople 12 cwt. of coal, it being
understood that the parish provides them wHh additioniu
fuel.

In 1860 the coals were furnished by the Company at an
expense of 21/. \2s. The clothes supplied to the 12 alms-
people requires an expenditiu*e of about 12/. a year^ The
upper keeper is allowed 5/. 5^. a year as superintendent,
formerly the reader, a duty which is now performed by
the rector or curate gratuitously. The paymaster, who is
the tenant of the Company of the estate, is allowed 10/. a
year. There are also repairs which are done at the expense
of the Company, and which in 1860 amounted to 13/.

The Company also pay Mr. Sedgwick, surgeon of Hoi*



lingboum, the medical attendant of the almspeople, 15/. \bs.

In 1860 about 61. was paid for nursing one of the poor
almspeople, and 3/. for the funeral ; the Company also con-
tribute to the local schools.

The income arising from the endowments, for the special
purpose of the almshouse, thus appears to be,

£ s, d.

By Quested's direction - - 72

„ Owen's Charitj; - - 1

„ Copping's Charity - - 35 10 4

108 10 4



And the charges and allowances borne and paid by the
Company, as to the excess from their own bounty,
amounted to 154/. \5s. Sd. in the year 1860.

Masters of Arts and STuosNts in the Univb^itiks.

It appears by the books of the Company that from 1652
to 1654 the students appear first to have been paid, and
that in 1689 a person was elected an exhibitioner, but
pavments to them appear to have ceased from 1690. In
FeDruary 1704 there was a reference to a committee to report
on these exhibitions, but no repor^ seems to have been
made. On the 5th July 1838 the court of the Company
ordered that foiur Masters of Arts of Oxford or Cambridge,
being poor and havmg need thereof, be appointed to exnif
bitions at 8/. per annum under Quested's will ; also, that four
students of Oicford or Cambridge be appointed to exhibi*
tions of Al, a year under the same will, and it was referred
to a committee to consider the best way of cariying it out.
The committee on the 25th July 1838 recommended that
advertisements should be published in the newspapers of
the counties of Oxford andf Cambridge, as follows : —

" Notice is hereby given that the Fishmongers' Company
have now in their gift eight exhibitions, viz., to four Masters
of Arts 8/. a piece yearly, and to four students 4/. a piece
yearly so long as th^ shall abide at their study in either of
the Universities of Oxford or Cambridge being poor and
having need thereof. Parties desirous of being candidates
will be pleased to apply to Mr. Towse, at the Kshmongers'
Hall, London, by letter on or before the 1st November next."

On the 1st August 1838 the court approved the report,
and ordered the advertisement to be inserted. On the
15th November following the court proceeded to the elec-
tion, and chose a gentleman of Trinity College, and a
genUeman of Queen's College, as two of the Masters of
Arts ; and at a subsequent court the other two nominations
of masters were filled up. One of these gentlemen has
ever since held it. I append the forms of election and of
the certificate imder which the payment is made.

On the 18th November 1839 a sum of 112/. was invested
in 3/. per cent. Annuities of 1726, and from that period any
balance which arose from the exhibitions not being paid to
the Masters of Arts, or from dividends of the stock, have
been invested until 1854, when the 1726 stock was paid
off and the amount converted into 3/. per cent Reduced
Stock. The total amount invested up to the 19th October
1860 wBa 256/. As. Id. cash, producmg 274/. 2s. Ad. 3/.
per cent. Reduced Stock. In consequence of the dividend
on that stock amounting to 8/., by order of the coiurt of the
Company of the 12th March 1855 each of the Masters of
Arts now receive lOZ. a year instead of 8Z.

The nominations are all now full. Advertisements are
inserted on the occurrence of vacancies.

The same general orders of the Company applied for the
nomination and election of students as of masters, and on
the I5th November 1838 the four exhibitions of Al. per
annum each were filled up, and the same have since been
filled up, to the number of four, as vacancies have occurred.
I append the form of certificates applicable to the student-
ships.

In November 1839 the sum of 48/. was invested in the
3/. per cent. Annuities 1726 ; and in like manner the divi-
dends or imapplied surplus was aecumulated until 1854,
when the fund was converted into 31. per cent. Reduced
Stock. The total amount of money invested up to October
1860 was 146/. As. 2d. cash, producing 155i. 18«. 9d. 3/.
per cent. Reduced Stock ; and according to the order of the
court of the Company of the 12th March 1855, the dividends
thereon exceeding 41. per annum, the exhibitions to the
students were raised to 51. per annum each.**



* Mark Qukstbd's Charity.

By an order of the Board of Charity Commissioners for
England and Wales, dated 21st January 1868, a scheme
was established for the regulation of that portion of the
endowments of this charity which is applicable to the payment
of exhibitions to four poor Masters of Arts of Oxford or Cam-
bridge. A copy of the scheme is appended to this report.



Scheme.

1 . The annuity or yearly sum of 32/. applicable under
the provisions of the foundeir's will to the payment of
four annual exhibitions of 8/. each to four poor Masters of
Arts residing in one of the Universities of Oxford or Cam-
bridge, and the annual dividends and income arising from
the accumulations thereof (which accumulations are now

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268



CITY OF LONDON LIVBBY COMPANIES COMMISSION:



Christ's Hospital.

It appears by the Report of the Commissioners of
Inquiry (p. 123, vol. 12), " that in consequence of the
** embarrassment which took place after Mr. Quested's
" death, in the execution of the trusts of his will, the bene-
" faction given by him to Christ's Hospital remained inope-
" rative until the year 1683, when a conference took place
" respecting it between a committee of governors of the
•• hospital and a committee of the Company. The result of
*' this conference, upon a statement made of the difficulties
'' which the Company had encountered, and the inadequacy
** of the trust fund to fulfil the charities charged thereon,
•• was an agreement that the Company should pay to the
*' hospital SK)/., and that the governors should receive into
" the nospital six poor children presented to them by the
" Company, being paid for each of them 4/. 3*. 4d, a year
" towards their maintenance."

The Commissioners add that the Company had ever
since paid yearly to Christ's Hospital 25/., and had always
six children maintained there, sons of freemen of the
Company.

In the year 1841 the Company laid a case before counsel,
stating the constitution and early history of Christ's Hos-
pital, and that long before the agreement of 1683, " disputes
" had frequently arisen among the governors respecting
** the manner in which children were usually admitted so
'* as to render the right of presentation in many cases
*' merely nominal and always extremely troublesome. By
*' the customary mode of proceeding either all petitions
•* were read and the general court made choice of the
*' most prominent cases, or a conunittee was appointed to
" reduce the number of petitions, according to the condi-
" tions of the several parishes from which they came, the
" final decision still resting with the court, or else the
" aldermen and governors in a body presented each a
" petition, and the selection depended as usual upon the
" court. The rejected petitions naturaUy gave rise to
" murmuring and discontent, whilst the canvassing which
** was necessary to secure a majority of votes was at once
" unpleasant and laborious. In order therefore to silence
" these complaints, many of which proceeded from bene-
" fi&ctors to a large amount, and from others from whom
" the hospital had considerable expectations, it was resolved
'* upon one occasion that every alderman should forthwith
** be complimented with two presentations and every
*• governor with one."

The case then stated the rules of admission to Christ's
Hospital adopted in 1683-84, and the articles of agreement
of 1/82. It set forth the various proceedings of the court
of the Fishmongers' Company on the subject of that portion
of Mark Que^ed's bequest in connexion with Christ's
Hospital, and the minutes of the conference of the 18th
February 1683, at which the agreement referred to was
made, tne material part of which is as follows : —

" Mr. Freeman Hause here present, being one of the
assistants of the said Company, reported the case con-
cerning the said will and the reasons why the 40/. yearly
therein mentioned hath not hitherto been paid, partly by
reason of the great demands of the testator's widow, and
the pavments made to her thereout during her life, and
also or the great charges expended in a suite of lawe to
settle the same ; and, moreover, for that the lands for some
years could not be lett to a certayne tenant, and acquaint-
mg them that about eight years now last past the lands that
were given to pay charityes and other legacyes, amounting
to 180/. per annum, were lett but at 110/. per annum.
And that the Company were ready to divide and pay out
100/. yearly in those charities in proportion to his will.



reserving the odd 10/. for and towards the reparations of
12 almshouses, and for other charges incident thereto,
whereby there would be payable to Christ's Hospital about
25/. yearly towards the maintenance of poore children
therem, as appeared by a particular account thereof now
here produced and showea ; and he did believe that the
Company of Fishmongers would be lulling to give to the
governors of Christ's Hospital the sum of 200/. in money,
so as the governors will take and keepe six children in their
hospital for the time to come upon the allowance men-
tioned in his will.

•* All which being by the several committees above named
considered of and debated, as also the foote of the accompts
for those lands in the Company's hands, it was agreed by
the conunittee for the said hospital that the said Com-
pany paying to the said governors the sum of 200/, they
would receive 6 poor children into the said hospital to be
presented to them by the said Company upon paying the
sum of 4/. 3s. 4d, a peace yearlye to them towards their
maintenance therein, but that the badge should not be
wome by the said children, for that none weare badges
there only those of the King's Majesty's foundation ; and
that as any dyed and were disjKMed of, others should
be presented and taken into their roome. And that if
hereafter the rents of the lands did rise or fall, the number
of the children should be increased or lessened accordingly.
To all which the conunittee for the said Company, accord-
ing to their order, desired to reporte the same to the next
courte to be holden for their said Company for their order
therein."

The question submitted to counsel arose on the latter
part of the above agreement (underhned). The case stated
that *' the revenue of the estate was now more than suffi-
" cient to pay the 40/. per annum," and it asked the
opinion of counsel whether the Fishmongers' Company
could, under the will of Mark Quested, present 10 children
of poor freemen of the Company to Christ's Hospital, and
I'equire the governors of Christ's Hospital to accept and
receive such 10 children on the terms of the said will, or
on the basis of the agreement between them and the
Company; if not, how otherwise? And if they could
present 10 children, then to adnse what is the best course
for the Company to adopt to ensure the acceptance of such
10 children in their presentation, and to advise the Com-
pany generally on the premises.

It will probably be anticipated that the advice of counsel
was, that the Company could not maintain their claim, and
that it did not advise them to insist upon it, looking upon
the agreement to reduce the number of children to six as
having been always treated as absolute and unconditional.
I mention this claim and its nature chiefly as showing that
the Company must consistently have regarded the increase
of rent as being for the benefit of the different branches of
the charity, as well as of the parties interested in the gift
under the word " residue," and as therefore affecting the
construction I have above hinted at.

The sum paid to Christ's Hospital still continues to be
25/. a year, and the Company always have six presentees
on the nospital books. It is sufficient that the parents of
the children are free of the Company, or according to the
will not fr«e, if there are none eligible who are free. There
have been always free apphcants. It is not necessary that
they should be free of the city, and the Company guard
against the freedom of the city, if possessed, being' in any
respect used at the time of the presentation. Tne nomi-
nation is made nearly once a year. It is made upon the
petition of the parent or guardian to the court.

There have been 59 nominations in the present century.



represented by the sum of 305/. 10s. Id, Reduced 3/. per
cent. Annuities) shall be applied bv the said Company, as
the trustees of the said charity, nrst in payment of the
necessaiy and proper costs and exjsenses attending the
administration of the charity according to the provisions
of this scheme, and then in providing for the payment of
the annual exhibitions herein-after mentioned.

2. There shall be four annual exhibitions under this
scheme amounting, in the first instance, to the yearly sum
of 10/. each.

3. The exhibitioners shall be appointed by the said
trustees, and shall be respectively persons in poor circum-
stances, not more than 30 years of age at the time of ap-
pointment, who shall have taken the degree of Master of
Arts at the University either of Oxford or Cambridge, and
virho shall be pursuing the study of some liberal or learned
profession with the view to the bon& fide practice thereof
either at one of the said universities or elsewhere in Great
Britain.

4. Every exhibition shall be tenable for a period of



four years, but the trustees may, if they so think fit, in speoia
cases at the termination of any such period renew the
appointment of any exhibitioner for a further or additional
period of not more than four years.

5. Every exhibitioner shall be removable at any tune by
the trustees for misconduct or disqualification, or for any
other cause, to be determined by the trustees, who shall in
every case be the exclusive and absolute judges of the
sufficiency of the grounds for such removal.

6. The surplus or residue of the income of the said
charity, which shall remain after providing for and satisfy-
ing the several pajrments aforesaid, shall be reserved and
invested by the trustees from time to time as an accumu-
lating^ fund, to be added to the endowment of the said
chanty applicable to the purposes of this scheme, with the
intent that when and so often as there shall be a sufficient
amount of available income, at the dispobal of the trustees
the amount of each, of the said annual exhibitions under
this scheme shall be increased by successive additions
thereto of the annual sum of U.



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MR. HABB's BEPORT: — FISHMONGBB8' COMPANY.



269



Almshouses at Harribtsham, in the county of Kent.

Governors :
The Wardens and Assistants of the Mistery of Fish-
mongers of the City of London.

Benefactions.

1642, 27th January.— Mark Quested, Esq., by will dated
the 27th of January 1642, devised and bequeathed to the
wardens and commonalty of the mistery of Fishmongers of
London all his messuages and lands, with his manor of
Pencourt, situate in HoUingboume, in the county of Kent,
with directions (among other things) to purchase ground
in the parish of Harrietsham, in the said county, wh^ he
was bcnrn, and to build thereon 12 almshouses for 12 poor
almsfolks, six of whom to be of the poor of the parish
of Harrietsham, and six to be of the poor, free of the said
Company.

1676, 28th April, and 1677, 23rd May.— John Owen, by
indentiures of these dates, gave 2701., and directed the sum
of 20s., part of the interest thereof, to be paid yearly on the
20th of March, to six poor almsfolks, free of the Company
in HarrietshMn almshouses.

1686, 8th January. -Jeremiah Copping, by will of the
8th of January 1686, gave certain monies for the main-
tenance of poor old idmsmen of the Company. Under this
benefaction the sum of 361, is appropriated yearly in the
relief of the six almspeople, free of the Company in Har-
rietsham almshouses.

Orders far the Giwemment of the Almshouses,

The paymaster is to attend at the almshouses to pay the
pensions, to examine into the state of the almspeople, and
to report thereon, with every other matter, in writing, to
the governors at Midsummer and Christmas.

If any of the almspeople offend againt the rules and
orders, the paymaster is to adopt such measures thereon as
he may deem requisite, and in all matters of importance
report the same to the governors.

The superintendent appointed by the governors from
among the almsmen is to read prayers to the almspeople,
assembled in his house, and he is to take care of the goods
and chattels in the house of any deceased sdmsman or
almswoman, until they are removed by permission of the
paymaster; to see that the almspeople take care of the
gardens allotted to them, and^ that tne other parts of the
ground, as well as the out-buildings, be kept clean and in
good order and condition, to take notice of all offences
committed by the almspeople, and acquaint the paymaster
therewith.

Six members of the Company who have been free five
years, being 50 years of age, are eligible to be admitted
into the almshouses.

The widow of an almsman is eligible to be elected, being
.50 years of age.

The governors have also elected a freeman's widow, being
50 years of age.

Six persons, parishioners of Harrietsham, are also eligible
to be admitted into the almshouses.

The widow of a parishionary almsman is eligible to be
continued in the fdmshouses.

Rules to be observed by the Almspeople,

1. All the almspeople (except such as are prevented by
sickness) shall both in the forenoon and afternoon of
eveiy Lord's day, in due time, repair to some place of
public worship, and attend divine service.

2. All the almspeople (except such as are prevented by
sickness) shall attend every Wednesday morning, at 10
o'clock, at the superintendent's house, to join in public
prayer, according to the rites of the Church of England.

3. None of the almspeople shall use any blasphemous
words, or on any occasion be drunk, or at any time make
use of any bitter, uncharitable or offensive speeches, or
give any blow to any other of the almspeople, or act dis-
orderly or dishonestly, upon pain of being expeUed the
hospital.

4. None of the almspsople shall be absent from the alms-
houses dmring the night, without leave from the superin-
tendent, who is allowed to permit such of the almspeople
as he shall see fit, on urgent occasions, to lie out of the
almshouses ; but no permission shall be given to any of the
almspeople to lie out more than two nights successively,
without the consent of the paymaster.

5. The almspeople shall nave no person to reside with
them or attend upon them, but in case of sickness ine
paymaster may allow a woman to attend as nurse being of
the age of 50 years.

6. The almspeople shall not damage any of the houses,
break down anv of l^e fences, or destroy any of the trees.

7. None of tne almspeople, or any person whatever, shall
lay or cast any rubbish, dust, or filth in any of the alms-



houses, or m any part of the grounds, ditches, or drains
thereto belonging, or wash fish, vegetables or any utensils,
at or near the pump.

8. The ahnspeopte shall keep dean their dwellings, and
the pavement before and behind the same, and the garden
allotted to each house ; and shall also keep repaired the
glass in their windows at their own charge, or in default
thereof, the expense of repairing them shall be deducted
out of their pensions.

9. The almspeople shall behave peaceably and quietly,
and be helpful to each other.

10. No ahnsman or almswoman shall marry without the
consent of the governors, upon pain of being expelled.

11. If any almsman shall have a wife or any almswoman
a husband, the wife of the almsman shall be allowed to
dwell with her husband, and the husband of theahnswoman
with his wife, and in every offience against these orders, the
offence of the wife shall be deemed the offence of the hus-
band; and the offence of the husband the offence of the
wife. .

12. Upon the decease of any of the almspeople, none of
the goods or chattels in the house of the deceased shall be
removed, without the permission of the paymaster; and
that care may in the meanlime be taken of such goods and
chattels, the key of the house shall be delivered to the
superintendent.

13. The coat and gown of the almsman or almswoman,
that shall die or be removed, shall remain to the house for
the succeeding almsman or almswoman, if such had been
received within six months previously to the decease or
removal of the said almsman or almswoman.

14. These rules shall be read by the superintendent to
the almspeople assembled for that purpose at his house, on
every 24th day of June and every 21st day of December.

15. Offences committed against any of these rules shall
be from time to time stated by the superintendent to the
paymaster.

These orders and rules were made in the wardenship
of —

Thomas Bodlby, Esq., Prime Warden.
John Towgood, Esq. 1

Samuel Mills, Esq. [

Evan Edwards, Esq. , VWardens.

James Davidson, Esq.' |

Jambs Ebbnezbr Saunders, Esq.J
And ordained at a court holden on the 20th day of July
1826. ' ^

John David Towse,

Clerk to the Company.

Qubstbd's Gift.

Forms of Certificates to be delivered on the nomination
of a Master of Arts to Mark Quested's Gift of 82. per
annum.

To be signed by the heads of the College.

This is to certify that A. B. is a Master of Arts of
College in the University of . As witness

our hands this day of 18 .

To be signed by parties who know the facts.

This is to certify that A. B., the person named in the
above certificate, is poor and hath need of Mark Quested's
Gift of 8/. per annum. As witness our names hereto
subscribed this day of 18 .



Names.



Description.



Form of the Certificatb to be delivered by a Master of
Arts every time he applies for payment of the yearly
sum of 8/. under the will of Mark Quested.



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