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£ 8. d. 7 0 0
1881. By Balance carried to general account of
the Company, 31st December 1881
£ 8. d.
To one year's rentcharge 1882. Estimated rentcharge
8. d. 7 0
7 0 0
7 0 0
Mrs. Susan CLARK'S TRUST.
€ 8. d.
£ 8. d.
1881. By Balance carried to general account of
the Company, 31st December 1881
3 0 0
3 0 0
1881. To one year's gift from the parish of St. Sepulchre
€ 8. d. 1882. Estimated rontcharge 3 00
£ 8. d.
1 10 0
3 0 0
3 0 0
20,969 12 1
11,055 7 1
Balance of account
Consol 3 per cent.
13,793 8 5
6,378 3 5
6,378 3 6
6,378 3 5
4,533 10 6 12,000 0 0
16,533 10 6
17,433 10 6
17,483 10 6
£ s. d. 565 11 3
900 0 0
£ 8. d. Balance at Bankers, 1st January 1881
12,794 10 9 Dame Owen's Trust
do. Loan to North London Collegiate and Camden School for Girls
5,700 71 Excess of Receipts over Expenditure
1,504 3 11
Excess of Expenditure over Receipts
Loan to North London Collegiate and Camden
School for Girls
2,000 0 0
Balance at Bankers, 31st December 1881
€ 8. d. 4,533 10 6
· 12,000 0 0
16,633 10 6
£19,999 1 9
MR. HARE'S REPORT ON THE BRODERERS' COMPANY.
TO THE CHARITY COMMISSIONERS FOR
ENGLAND AND WALES. In pursuance of a minute of the Board of the 1st of November 1864, I have inquired into the condition and circumstances of the following charities under the management of the Broderers' Company in the city of London, and I have stated in the report, under the head of each specific endowment the result of my investigation :
69 William Smith's Charity
69 Pope's Charity :
69 Chamberlain's Charity
70 The style of the Company is “ The Keepers or " Wardens and Society of the art or mystery of Bro. “ derers of the City of London.”
The court is composed of 12 members, in the master and one warden, and a renter warden, and nine otber members.
There are about 15 liverymen besides the court, and about 12 freemen beyond those who are on the livery.
of 21 years from Lady Day 1863, at 3001. 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. 81. 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.
FOSTER'S CHARITY. 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 13s. 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 Ashy the same messnage 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. 81. to the marriage of poor maidens, and 68. 81. 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
“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, Povoy, 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.,
Clerk. “8, York Street,
“ St. James' Square, S.W." I should observe that it will be seen by my report on Humble's Charity that the Company pay about 135l. 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 I 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 and broderers, the messuage called Imbroiderers' Hall the judgment relating thereto, are set out in my and two cottages thereto belonging, lying together in report of the charities under the manangement of the Gutter Lane, which said messuage and two cottages the Fishmongers' Company.
said Shaw, Povey, and Povey, together with Halberd, There is so much similarity in the circumstances of Golding, and others then deceased, citizens and the two cases as affording ground for believing that broderers, held to them, their heirs and assigns by the Armitage and Ashby, and Shaw and Povey, were grant and confirmation of Reyding and Nevill, citizens trustees for the Company, and not absolute owners of and broderers, also deceased, dated 11th September, the estate, or of explaining the transaction by that 5th Edward 6th. To hold to Armitage and Ashby, supposition, and the length of possession by the Company their heirs and assigns for ever, on condition that they as absolute owners for nearly 300 years duration, another should within six days convey to said Povey and one feature of resemblance, that I think the Court would Elledy, citizens and broderers, then keepers or wardens not disturb the title of the Company in this case, but of the Society of the art or mystery of Imbroiderers of would be governed by like reasons to those on which the City of London, and that they, said Povey and the decisions of Lord Langdale and Lord Cottenham Elledy, then keepers or wardens, and the Society of the proceeded in the case of Attorney-Generalv. Fishmongers' art or mystery of the Imbroiderers of the City of Company. (See those judgments in my report on that London, and their successors, keepers or wardens, and Company.)
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 APPENDIX.
successors, keepers or wardens of the Society aforesaid, should yearly for ever give out of the said land 6s. 8d.,
and 6s. 8d. given by the will of Thomas Foster. To 11, Bucklersbury, London, E.C., hold to said Povey and Elledy and their successors, DEAR SIR, 10th February 1866.
keepers or wardens, and of the said Society to the intent
aforesaid, and for the aid and sustentation of the poor BRODERERS' COMPANY.--Foster's CHARITY.
men and women of the art or niystery for ever to the It appears by the deeds in the Company's only proper use and behoof of said Povey and Elledy possession, as follows:
and their successors, keepers or wardens of the said Thomas Foster, broderer, (being seized of the Society, so long as they and their successors should premises) by deed poll (which seems to have been a deed continue keepers or wardens of the said Society, of gift without pecuniary consideration) Dated 20th By a deed poll dated 4th August, 29th Elizabeth, the January, 19th Henry VIII., conveyed the same to
said Armitage and Ashby conveyed the said premises to Stephen Humble, his heirs and assigns, to the use of said Povey and Elledy, then keepers or wardens, and of Thomas Foster for life, and after his decease to the use
the said Society aforesaid to the intent aforesaid and for of Alice Scawesby for life. The said Thomas Foster, by
the aid and sustentation of the poor men and women of will dated 6th February, 19th Henry VIII., willed that the Society aforesaid for ever. To the use of said Povey immediately after his decease his feoffees should permit and Elledy and their successors, keepers or wardens, Alice Scawesby to enjoy the premises for life, and after
and of the said Society of the art or mystery aforesaid her decease that the same should remain to Stephen
as long as they and their successors, keepers and Humble, bis heirs and assigns; and he further willed
wardens of the Society should continue keepers or that by the oversight of the wardens of the Broderers' wardens, and of the Society of the art or mystery of the Company, the premises should be charged with 13s. 4d. Imbroiderers of the City of London incorporate. (to be bestowed as therein mentioned) when the said By an indenture of the 5th August, 29th Elizabeth, premises should come to the disposition of the said
the said Armitage and Ashby, citizens and broderers, Stephen Humble, broderer, his heirs or assigns.
conveyed said premises to Povey and Elledy, citizens By a conveyance for no pecuniary consideration dated and broderers, then keepers or wardens, and of the 27th April, 26th Henry VIII., Stephen Humble
Society of Imbroiderers of the City of London, and of conveyed the premises to Pickard, Tiplady, Young,
the said Society to hold to said Povey and Elledy and Ibgrave, Master, Bradley, Ibgrave, Harrison, Corbett, their successors, keepers or wardens, and of the said and Anstey, citizens and broderers, their heirs and Society upon condition that so long as they, said Povey assigns.
and Elledy, then keepers or wardens, &c. and their By a conveyance dated 10th September, 5th successors should continue keepers or wardens, &c.; and Edward 6th, Pickard, Ibgrave, and Ibgrave, citizens
to this intent also that they should yearly for ever give and broderers, conveyed to Redyng and Nevill, citizens
out of the said premises the aforesaid 6s. 8d., and 6s. 8d. and broderers, the said premises (which the said
to the use of Povey and Elledy and their successors, grantors had with the other parties named in the last keepers or wardens, &c. so long as they and their sucdeed as grantees, and who were since deceased). To
cessors should continue and be and endure to be incorbold to said Redyng and Nevill on condition that they,
porate by the name of keepers or wardens and of the within four days, should re-convey to the said Pickard,
Society of the art or mystery aforesaid for ever. Ibgrave, and Ibgrave, and to Nurse, Lowth, Banstead, By indenture dated 3rd (ctober, 43rd Elizabeth, said Hyndman, lbgrave, Chest, Deacons, Watson, Fovey, Povey and one Ashby, heir of said Ashby, citizens and Shaw, Mytton, Halberd, Ward, Golding, Cooper,
broderers, in pursuance of any trust and confidence Smyth, Povey, and Pickard, junior, citizens and reposed in them or the ancestors of either of them, and broderers, their heirs and assigns. By a conveyance
for divers good causes and considerations conveyed to dated the 11th September, 5th Edward 6th, the said
the keepers or wardens and the Society of Broderers and Redyng and Nevill, pursuant to the said condition,
their successors a capital messuage or tenement called conveyed the premises to said Pickard and others,
Broderers' Hall and two tenements adjoining thereto on citizens and broderers, their heirs and assigns. By a
the north part, situate in Gutter Lane, to hold unto and lease dated the 12th February, 25th Elizabeth, made
to the use of said keepers or wardens and their sucbetween David Smith and John Parr, keepers or
cessors for ever. wardens of the art or mystery of Broderers of the City of
The above facts appear clearly to show that the London and the Society of the same art or mystery of
feoffors in the deeds you refer to were trustees merely, the one part, and Robert Connye of the other part, the
and that the Company's premises in Gutter Lane are premises were demised to Robert Connye for 21 years
liable to no charitable trust beyond the payment of at the rent of 40s; this lease contains, amongst others, a
13s. 4d. per annum. I have no doubt but that this covenant not to assign or let without the license of the
might be more abundantly proved, if necessary, by a said wardens or their successors, and by endorsement
further search among the Company's papers, but the thereon the lessee is not to erect any work to impair
matter is already so clear that it does not seem to the the lights belonging to Broderers' Hali. By a deed poll Comptroller or to me to warrant the incurring any dated 26th July, 29th Elizabeth, without pecuniary
expense of searches, &c. You have not, of course, failed consideration, Halbert and Golding conveyed to Shaw,
to notice that both the deeds you refer to describe the Povey, and Povey, citizens and broderers, their heirs
premises as Broders' Hall. and assigns, a messuage called Imbroiderers' Hall and
I am, &c. two cottages thereto belonging, situate in Gutter Lane.
Thos. Hare, Esq.,
CHARLES E. FREEMAN, By the deed poll dated the 1st August, 29th Elizabeth,
St. James' Square.
Clerk. inspected by you, Shaw. Povey, and Povey, citizens and broderers, conveyed to Armitage and Ashby, citizens