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MR. HARE'S REPORT ON THE BRODERERS' COMPANY.

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Thomas Foster, by will of the 6th February 1527, gave a messuage and two cottages in Gutter Lane, parish of St. Vedast, to Stephen Humble, charged with 138. 4d. a year to the Company, of which 6s. 8d. to be bestowed on poor maidens' marriages, and principally among the maidens of the craft, and 6s. 8d. in coal in the winter seasons to the poor of St. Vedast. Between this time and 1587, there are several intermediate conveyances by Humble and others to persons by name and described as broderers, their heirs and assigns.

By a deed poll of the 1st August, 29th Elizabeth, H. Shaw, William Povey, and John Povey (broderers) conveyed to R. Armitage and Asby the same messuage and cottages in Gutter Lane, which H. Shaw, William Povey, and John Povey, together with A. Halberd and others then deceased, broderers, had by grant of J.Reding of the 11th September, 5th Edward VI. To hold to the use of the said R. Armitage and Asby, and their heirs and assigns, on condition to convey to said Povey and Elledy, wardens of said Broderers' Company, being known by the name of imbroiderers incorporate for ever, and to the intent that said John Povey and Elledy, wardens of said Society yearly for ever should give out of the said lands, 6s. 8d. to the marriage of poor maidens, and 68. 8d. to St. Vedast Foster, given by said Thomas Foster, and subject thereto to hold to said Povey and Elledy, wardens, to the intent aforesaid, and for the aid of the poor men and women of the said Society for ever.

By another deed poll of 4th August, 29th Elizabeth, said Roger Armitage and Asby, after reciting that said H. Shaw, W. Povey, and J. Povey by above deed poll had conveyed to said Armitage and Asby the said messuage, &c. in Gutter Lane, which said H. Shaw, &c. held with said Halbert and others by grant of Reding and Nevill on condition that said Armitage and Asby should convey same to said J. Povey and Elledy, wardens of said Company, conveyed to said J. Povey and Elledy, wardens of said Company, to hold to them and their successors, to the intent aforesaid for the aid of the poor of said Company.

The premises thus devised are now No. 36, Gutter Lane, and are let on lease to Messrs. Morley for a term

of 21 years from Lady Day 1863, at 300l. per annum, the tenant paying all taxes. The lease was granted in pursuance of a report of a valuer.

The Company pay 68. 8d. per annum to the churchwardens of St. Vedast Foster. The fund for poor maidens' marriages has never been applied within the memory of any person now connected with the Company.

The Company appear to have regarded the property as subject to no other charge or trust than the two sums of 68. 8d. mentioned in the will of Foster. It appears, however, by the above instruments that the whole residue is held by the Company in trust for their poor members.

As no members of the Company attended at my inquiry, I requested that the subject should be brought before the court of assistants, with the view of the opinion of counsel being taken on the effect of foregoing instruments, if there should be any doubt concerning it, or if not with a view to the acquiescence of the Company in such an application of the income as might be consistent with the declared trusts to be settled by a Scheme. I have since received the following letter from the clerk of the Company, which I submit to the Board.

"SIR,

"11, Bucklersbury, London, "25th April 1865.

"BRODERERS' COMPANY.-FOSTER'S CHARITY. "WITH reference to the suggestion made by you on the 23rd January last (when the inquiry into the Charities administered by this Company was made at my office), that the Company should take the opinion of the Attorney-General upon the question which you thought arose from the wording of the deed poll of the 4th August 1587, I have to inform you that such suggestion was considered at the court held on the 13th March last, and that—

"It appearing to the Company that there is abundant evidence that as well Messrs. Armitage and Ashby (the feoffors in the before-mentioned deed poll), as also Messrs. Shaw, Povey, and Povey, the feoffors in the last preceding deed poll dated 1st August 1587 (in which deed poll of 1st August 1587, the words noted by you first occur), were bare trustees for the Company and could not therefore impose on the Company or their premises in Gutter Lane any Charitable Trust not then already created,

"The court did not consider that any question had risen to justify the expense of taking such an opinion which would of course fall wholly upon the Company.

"I shall be happy to hear from you again on the matter at your convenience, and to furnish to the Charity Commissioners any further information or copies of documents they may desire to have. "I am, &c. "CHAS. E. FREEMAN,

"T. Hare, Esq.,

"8, York Street,

"St. James' Square, S.W.”

66

Clerk.

I should observe that it will be seen by my report on Humble's Charity that the Company pay about 1357. a year in pensions to poor members and widows of members, of which about 701. may be regarded as taken from their own funds, but this falls far short of the present rental of the Gutter Lane Estate.

In reply to my inquiry as to the evidence upon which the Company relied of the fact that the feoffees in the deeds of 1587 were trustees for the Company, and as such, not entitled to declare new trusts of the estate, I have received from the clerk of the Company a letter of the 10th February 1866, a copy of which 1 append.

I have carefully compared the circumstances of this case with that of the devise by Henry Preston to the

Fishmongers' Company, the particulars of which, and of the judgment relating thereto, are set out in my report of the charities under the manangement of the Fishmongers' Company.

There is so much similarity in the circumstances of the two cases as affording ground for believing that Armitage and Ashby, and Shaw and Povey, were trustees for the Company, and not absolute owners of the estate, or of explaining the transaction by that supposition, and the length of possession by the Company as absolute owners for nearly 300 years duration, another feature of resemblance, that I think the Court would not disturb the title of the Company in this case, but would be governed by like reasons to those on which the decisions of Lord Langdale and Lord Cottenham proceeded in the case of Attorney-General v. Fishmongers' Company. (See those judgments in my report on that Company.)

DEAR SIR,

APPENDIX.

11, Bucklersbury, London, E.C., 10th February 1866.

BRODERERS' COMPANY.--FOSTER'S CHARITY.

IT appears by the deeds in the Company's possession, as follows:

:

Thomas Foster, broderer, (being seized of the premises) by deed poll (which seems to have been a deed of gift without_pecuniary_consideration) dated 20th January, 19th Henry VIII., conveyed the same to Stephen Humble, his heirs and assigns, to the use of Thomas Foster for life, and after his decease to the use of Alice Scawesby for life.-The said Thomas Foster, by will dated 6th February, 19th Henry VIII., willed that immediately after his decease his feoffees should permit Alice Scawesby to enjoy the premises for life, and after her decease that the same should remain to Stephen Humble, his heirs and assigns; and he further willed that by the oversight of the wardens of the Broderers' Company, the premises should be charged with 13s. 4d. (to be bestowed as therein mentioned) when the said premises should come to the disposition of the said Stephen Humble, broderer, his heirs or assigns.

By a conveyance for no pecuniary consideration dated 27th April, 26th Henry VIII., Stephen Humble conveyed the premises to Pickard, Tiplady, Young, Ibgrave, Master, Bradley, Ibgrave, Harrison, Corbett, and Anstey, citizens and broderers, their heirs and assigns.

To

By a conveyance dated 10th September, 5th Edward 6th, Pickard, Ibgrave, and Ibgrave, citizens and broderers, conveyed to Redyng and Nevill, citizens and broderers, the said premises (which the said grantors had with the other parties named in the last deed as grantees, and who were since deceased). hold to said Redyng and Nevill on condition that they, within four days, should re-convey to the said Pickard, Ibgrave, and Ibgrave, and to Nurse, Lowth, Banstead, Hyndman, lbgrave, Chest, Deacons, Watson, Fovey, Shaw, Mytton, Halberd, Ward, Golding, Cooper, Smyth, Povey, and Pickard, junior, citizens and broderers, their heirs and assigns. By a conveyance dated the 11th September, 5th Edward 6th, the said Redyng and Nevill, pursuant to the said condition, conveyed the premises to said Pickard and others, citizens and broderers, their heirs and assigns. By a lease dated the 12th February, 25th Elizabeth, made between David Smith and John Parr, keepers or wardens of the art or mystery of Broderers of the City of London and the Society of the same art or mystery of the one part, and Robert Connye of the other part, the premises were demised to Robert Connye for 21 years at the rent of 40s; this lease contains, amongst others, a covenant not to assign or let without the license of the said wardens or their successors, and by endorsement thereon the lessee is not to erect any work to impair the lights belonging to Broderers' Hall. By a deed poll dated 26th July, 29th Elizabeth, without pecuniary consideration, Halbert and Golding conveyed to Shaw, Povey, and Povey, citizens and broderers, their heirs and assigns, a messuage called Imbroiderers' Hall and two cottages thereto belonging, situate in Gutter Lane. By the deed poll dated the 1st August, 29th Elizabeth, inspected by you, Shaw. Povey, and Povey, citizens and broderers, conveyed to Armitage and Ashby, citizens

and broderers, the messuage called Imbroiderers' Hall and two cottages thereto belonging, lying together in Gutter Lane, which said messuage and two cottages the said Shaw, Povey, and Povey, together with Halberd, Golding, and others then deceased, citizens and broderers, held to them, their heirs and assigns by the grant and confirmation of Reyding and Nevill, citizens and broderers, also deceased, dated 11th September, 5th Edward 6th. To hold to Armitage and Ashby, their heirs and assigns for ever, on condition that they should within six days convey to said Povey and one Elledy, citizens and broderers, then keepers or wardens of the Society of the art or mystery of Imbroiderers of the City of London, and that they, said Povey and Elledy, then keepers or wardens, and the Society of the art or mystery of the Imbroiderers of the City of London, and their successors, keepers or wardens, and of the Society of the art or mystery aforesaid, should continue and be and known to be by the name of Imbroiderers incorporate for ever; and to the intent that they, said Povey and Elledy, then keepers or wardens of the Society of the art or mystery aforesaid and their successors, keepers or wardens of the Society aforesaid, should yearly for ever give out of the said land 68. 8d., and 6s. 8d. given by the will of Thomas Foster. To hold to said Povey and Elledy and their successors, keepers or wardens, and of the said Society to the intent aforesaid, and for the aid and sustentation of the poor men and women of the art or mystery for ever to the only proper use and behoof of said Povey and Elledy and their successors, keepers or wardens of the said Society, so long as they and their successors should continue keepers or wardens of the said Society.

By a deed poll dated 4th August, 29th Elizabeth, the said Armitage and Ashby conveyed the said premises to said Povey and Elledy, then keepers or wardens, and of the said Society aforesaid to the intent aforesaid and for the aid and sustentation of the poor men and women of the Society aforesaid for ever. To the use of said Povey and Elledy and their successors, keepers or wardens, and of the said Society of the art or mystery aforesaid as long as they and their successors, keepers and wardens of the Society should continue keepers or wardens, and of the Society of the art or mystery of the Imbroiderers of the City of London incorporate.

By an indenture of the 5th August, 29th Elizabeth, the said Armitage and Ashby, citizens and broderers, conveyed said premises to Povey and Elledy, citizens and broderers, then keepers or wardens, and of the Society of Imbroiderers of the City of London, and of the said Society to hold to said Povey and Elledy and their successors, keepers or wardens, and of the said Society upon condition that so long as they, said Povey and Elledy, then keepers or wardens, &c. and their successors should continue keepers or wardens, &c. ; and to this intent also that they should yearly for ever give out of the said premises the aforesaid 6s. 8d., and 6s. 8d. to the use of Povey and Elledy and their successors, keepers or wardens, &c. so long as they and their successors should continue and be and endure to be incorporate by the name of keepers or wardens and of the Society of the art or mystery aforesaid for ever.

By indenture dated 3rd October, 43rd Elizabeth, said Povey and one Ashby, heir of said Ashby, citizens and broderers, in pursuance of any trust and confidence reposed in them or the ancestors of either of them, and for divers good causes and considerations conveyed to the keepers or wardens and the Society of Broderers and their successors a capital messuage or tenement called Broderers' Hall and two tenements adjoining thereto on the north part, situate in Gutter Lane, to hold unto and to the use of said keepers or wardens and their successors for ever.

The above facts appear clearly to show that the feoffors in the deeds you refer to were trustees merely, and that the Company's premises in Gutter Lane are liable to no charitable trust beyond the payment of 13s. 4d. per annum. I have no doubt but that this might be more abundantly proved, if necessary, by a further search among the Company's papers, but the matter is already so clear that it does not seem to the Comptroller or to me to warrant the incurring any expense of searches, &c. You have not, of course, failed to notice that both the deeds you refer to describe the premises as Broders' Hall.

Thos. Hare, Esq.,
St. James' Square.

I am, &c.

CHARLES E. FREEMAN,

Clerk.

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