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TO THE CHARITY COMMISSIONERS FOR their messuages, lands, and tenements situate in Fenchurch ENGLAND AND WALES.
Street and Billiter Lane, and out of all other their mes
suages, lands, and tenements in the City of London, In pursuance of an Order of the Board on the 6th De
payable on the four usual feast days in the year, with cember 1864, I concluded an inquiry into the present power of distress and entry in case of nonpayment. circumstances of the Endowed Charities subsisting under By indenture, bearing date 5th June 1617, the said John the management of the Cooks' Company of the City of
Shield, after reciting the above-mentioned grant by the London, and I have to report as follows :
Cloth workers' Company, assigned unto the Master, Wardens, The Charities of the Cooks’ Company of the City of
and Commonalty of Cooks and their successors the said London are
rentcharge of 281. per annum in trust after his decease to Corbett's.
pay yearly at Michaelmas and Lady Day, or within thirty Shield's.
days thereafter, by equal portionsDavis' and Phillips'.
20s. to the usual reader of Divine service in the parish Peade's.
church of East Allendale, in the county of York, and to Hope's.
his successors for ever, for two sermons yearly by him or Kennedy's.
them, or by his or their procurance, in the said parish Birch's.' Unreported.
And 101. to the churchwardens of the said parish church CORBETT'S CHARITY.
and their successors and unto six of the wealthiest and Edward Corbett, by will dated 5th April 1674, gave to
principal men of the said parish for the time being, to be the Master, Wardens, and Assistants of the Cooks' Com- yearly chosen, and to be by them paid and distributed pany all his lands in Surrey, on condition of their giving amongst the poor of the parish.
And 11. to the said churchwardens and their successors thereout various gifts, and making other yearly payments therein specified. Among them testator gave
and the six other principal men, to be equally divided To the poor of the Company 51. a year, to be disposed of
among them for their pains. as the Master, Wardens, and the rest of the Company
And 21. to the churchwardens of the parish church near should think fit.
adjoining, called Augustine's, alias Austin's Moor Church To the said Master, Wardens, and Assistants 51. a year
or Kirke, and their successors, and unto six other of the towards their care and charge in managing the estate.
wealthiest and principal men of the parish to be yearly To the clerk of the Company 21. a year, and to the
chosen, and to be by them distributed yearly amongst the beadle 11. a year, for their pains.
poor people of the parish, with a proviso that if the said
churchwardens of Allendale, or their successors or the six 51. a year to the relief of decayed ministers or ministers' widows.
principal men, should not distribute the said 101. within a
convenient time after its receipt among the poor people 21. a year to the poor of St. Martin's, Ludgate. 21. 10s. a year to the poor in the Compter at Ludgate.
aforesaid, then the payment of the said 101. should cease, 21. a year to the poor of the parish of St. Gregory.
and the Master, Wardens, and Company of Cooks should 21. a year to the poor of the parish of St. Andrew,
yearly thereafter pay the said 101. unto the church wardens Wardrobe.
of St. Augustine's, alias Austin's Moor Church, and the said
six principal men of the parish for the time being for ever, 21. a year to the poor in the Compter in Wood Street. 21. a year to the poor in the Compter in the Poultry.
and to be distributed by some of them yearly among the 21. a year to the parish of St. Anne, Blackfriars.
poor of the parish, and the last-mentioned sum of 20s. to
the said church wardens and the said six principal men of 4s. in the pound is deducted for land tax. The 31. to the poor of this Company is included with the parish of St. Austin's Moor, to be equally divided others towards the allowances the Company make to their
among them. With a similar proviso, that in case the
churchwardens and six principal men of the said parish of poor members in pensions, and also casual relief. The Company hold under this devise two farms, one, called
St. Austin's Moor should not distribute the said sum of Old Lands, situate in the parishes of Charlwood and Horley
40s., within a convenient time after they should have in the county of Surrey, containing about 83 acres, let on
received the same, amongst the poor of the said parish, lease for 21 years from Michaelmas 1855 to Mr. John
that then the payment thereof should cease and determine, Parsons, at a rental of 501. per annum, with the usual
and the Master, Wardens, and Commonalty of the Cooks' covenants. The other is called Lady Lands Farm in the
Company should pay the same unto the church wardens parish of Horley, and contains 74a. 3r. 32)., let on lease
and six principal men of the parish of Allendale and their to Mr. Samuel George Fredericks for 21
successors, to be distributed yearly amongst the poor people from
years Michaelmas 1833 at the rent of 561. 5s. per annum, with
of the same parish of East Allendale. And also that the the usual covenants.
Master, Wardens, and Commonalty of the Cooks' Company There are also two allotments awarded under the should yearly out of the said rentcharge pay on the Feast Inclosure Act, the one, containing 17a. 2r. 24p., let to
of the Purification 20s. to the minister of the parish church Mr. Henry Pullen, on lease for 14 years from Lady Day
of St. Mary Aldermary, London, for the time being for
ever, for a sermon to be made once in every year in the 1863, at a rental of 271. per annum, the other, called
said church on the said feast day. Low Field Inclosure, contains 8a. 2r. 3p., and is let to Mrs. William Middleton from year to year at a rental of
Also yearly, on the Feast of St. Thomas the Apostle, 10s
to the vicar or reader, 5s, to the clerk, and 5s, to the sexton 131. per annum. The payments directed by the will are all regularly made.
of the same parish. A Committee of the Court of Assistants annually inspect
And 20s. to the guardians for the time being, to be dis
tributed the property, and report the result at the following
amongst the poor. meeting.
And 40s. to the guardians of the parish church of I have mentioned that the 51. directed to be given to the
St. Benedict link in London for the time being, to be by
them distributed amongst the poor of the said parish on poor of the Company merges into the general fund from whence the Company relieve their poor members, casually
the feast of St. Thomas the Apostle. and by pensions; I may here add that it was represented
And 40s. yearly towards relieving the poor prisoners that beyond the funds bequeathed to them in trust for this
lying in one of the Compters in London.
And other 10s. towards the relief of the poor prisoners purpose 1001. a year is the average sum added from their private funds to these charitable uses.
lying in the other of the Compters in London.
Also 40s. to be paid to two poor maids of honest name
and fame upon the day of their respective marriages, 20s. SWELD's CHARITY.
each. By deed-poll, dated 4th March 1616, the Master, Wardens, And 20s. for ever thereafter on the feast of St. Thomas and Commonalty of the Clothworkers, in consideration of the Apostle to be paid amongst the poor brethren of the 5001., granted to John Shield and his heirs a yearly rent- Cooks' Company as need should be. charge of 281. issuing out of their messuages, lands, and And that the said Master, Wardens, and Commonalty of tenements situate in Nicholas Lane, London, and out of Cooks, their successors and assigns for ever, should retain 40s. residue of the said rentcharge for their own use in respect of their care and pains, and the said Indenture contains a covenant from the Master, Governors, and Commonalty of Cooks with the minister and guardians of the parish of St. Mary Aldermary, that they would from time to time for ever thereafter pay the said several sums of money, and truly perform the trusts in them reposed. The rentcharge is regularly paid by the Clothworkers' Company, who are still in possession of property in and about the localities mentioned in the will.
The application is exactly as directed. The Company, in addition to the 20s. directed by the will for marriage portions, add 20s. from their own funds. The Court of Assistants elect the recipients by rotation.
Join Davis, by will dated 12th July 1708, gave to the Master, Wardens, and Assistants of the Company of Cooks the sum of 2001., in which sum the Company was then indebted to him, upon trust to pay yearly out of the interest thereof to the churchwardens and overseers of the parish of St. Alban, Wood Street, London, 20s., to be hy them distributed amongst four poor widows of that parish every Easter Monday; 51. yearly towards putting out apprentice a poor member's child of the said Company; 11. yearly upon the first court day after Easter to the poor of the Company:
This bequest is now represented by the sum of 2731. 6s. New 3 per cent. Annuities standing in the corporate name of the Company.
This Charity is administered with Phillips', next reported, by direction of the Court of Chancery.
“ of John Davis' Charity.” That the Company should apply the dividends yearly in the manner following:
20s. to the churchwardens and overseers of St. Alban's, Wood Street, London, for distribution by them to and amongst four poor widows of that parish on every Easter Monday.
20s. to the poor of the Company on the first Court day after Easter.
5i. towards putting out apprentice a poor member's child of the Company, if an opportunity occurred, but if not, that the yearly sum should fall into the residue of the income of the said stock, to be applied, subject to costs, together with the residue arising from Phillips' Gift, in manner herein-after mentioned.
That the said Company should yearly advertise, in not less than two London morning newspapers, that the Company had at disposal 51. towards putting out apprentice a poor member's child, and give such other notice as the Company should direct, provided the expense did not exceed 20s.
That the Company should cause a creditor and debtor account to be opened in the books of the Company, according to the provisions of a Scheme approved by the Couri of Chancery, such account to be balanced every year.
That 2851. 195. 10d., the accumulations on the income of Phillips' Gift, or so much as remained after payment of sums therein-after directed, should be invested by the Company in the purchase of Consols, and that the dividends thereof, with the dividends of 1,1671. 14s. 10d. Consols then in the name of the Accountant-General of the Court of Exchequer, be received by the Company and carried to an account: The account of the Masters and
Governors and Commonalty of the Mistery of Cooks of " London, Trustees of John Phillips' Charity.”
That the Company should apply the dividends and the rents of any hereditaments purchased with the said 1,1677. 14s. 10d. Stock, according to the provision of the London Bridge Acts, yearly in manner following, viz. :107., after deducting land tax, to the church wardens and overseers of St. Catherine Cree Church, alias Christ Church, London, to be by them disposed of for placing apprentice two poor children of that parish, and to pay the residue of the said annual income, after deducting certain costs, in apprenticing yearly two poor children of a poor member of the Company if an opportunity occurred, but if not, to apply such residue, together with any residue arising from John Davis' Charity, in manner herein-after mentioned, viz., in relieving poor freemen of the Company as the Court of the Company should direct at the first Court yearly held after Easter Sunday.
That the Company should advertise and make public in like manner and at the like expense as before expressed in relation to Davis' Gift, that the Company had at disposal money for apprenticing yearly poor children of poor members of the Company.
That the Company should open a like account in relation to John Phillips' Charity, pursuant to the said scheme before referred to concerning Davis' Gift, and that the Company should be allowed for keeping the books and accounts of the two Charities, and administering the Trusts, the annual sum of 40s., to be apportioned between the income of such Charities according to their respective amounts.
That the costs of all parties be taxed and apportioned in like manner, and what should be apportioned to Davis' Gift be paid out of the said sum of 951., and what should be apportioned to Phillips' Charity be paid out of the sum of 2851. 198. 10d.
By the report of Sir Giffin Wilson, dated 7 April 1839, pursuant to the last order in respect of Davis' Gift, he apportioned 221. Os. 6d. (part of 1181. 9s. 6d., the amount of taxed costs to be between the Charities) to be paid out of the said sum of 951., and in respect of Phillips' Gift, the said Master apportioned 961. 98. (the remainder of the said 1181. 98. 6d.) to be paid out of the said sum of 2851. 198. 10d.
It was represented at the inquiry that these Charities have since been administered in exact accordance with the above.
Phillips' CHARITY. John Phillips, by will dated 29th April 1674, bequeathed his freehold messuage situate in Crooked Lane, London, after the decease of his wife, into the Master, Wardens, and Assistants of the Company of Cooks and their successors, upon trust out of the rent and profits to pay yearly to the churchwardens and overseers of the poor of the parish of St. Catherine Cree, alias Christchurch, in London, the sum of 101., to be by them annually applied to putting out apprentice two poor children of the said parish.
And upon further trust that the residue of the clear rents and profits of the said messuage should be yearly for ever disposed of and employed by the Master, Wardens, and Assistants of the Cooks' Company and their successors in placing out apprentices two poor children of some poor members of the Company yearly.
Under a gift of the same donor the Company have the right of presenting two children of members of the Company to be maintained and educated in Christ's Hospital.
This privilege is regularly exercised, and two recipients are always kept therein in regard of it.
The devised premises were sold in 1830 to the Corporation of London, as trustees under the Act for improving the approaches to New London Bridge, for the sum of 1,0861., which was by Order of the Court of Exchequer invested in the sum of 1,1671. 14s. 10d. 3 per cent. Consols standing in the name of the Accountant-General of the Court of Chancery.
A further sum of 2051. 14s. 9d. 3 per cent. Consols also stands in the corporate name of the Company belonging to this Charity.
The application of this and Davis' Charity as regards the apprenticing element having been for some years unsatisfactory to the Company (partly owing to the difficulty of suitable objects presenting themselves), it was resolved at a Court that the Master and Wardens should present a petition for the direction of the Court of Chancery, which resulted in the following Order :
By an Order of the Vice-Chancellor, made the 15th February 1839, in the matter of the Masters and Governors and Commonalty of the Mistery of Cooks of London, called the Cooks' Company, and in the matter of the wills of John Phillips and John Davis, upon the petition of John Cuff, the younger, and Warren Danford, it is ordered as follovs :—That the Master's Report of the 17th July 1838 be confirmed; that the sum of 2001., the legacy called Davis' Gift, with 951. accumulations thereof, or so much as remained after payment of certain sums, be invested in the name of the Company in the purchase of 31. 10s. Reduced Bank Annuities, and that the dividends should be received by the Company and be carried to an account: “The account of the Masters and Governors and
Commonalty of the Mistery of Cooks of London, Trustees
Leonard Peade, by will dated 4th November 1663, bequeathed to the Master or Governors and Commonalty of the Cooks' Company the sum of 1001., upon this condition, that they should after his decease yearly for ever pay unto the churchwardens or overseers of the parish of Warfield, in the county of Berks for the time being the sum of
51., to be by them applied to:vards the relief of the poor of that parisb.
Provision was made in the sail will for the investinent of the 1001. in the event of the Company declining to accept it with the condition attached. Such contingency, however, did not arise, and the Company regularly make the payment in full to the vicar's churchwarden for distribution.
Hope's CHARITY. Thomas Hope, by will dated 7 July 1707, gave to the Master, Wardens, and Assistants of the Company of Cooks the sum of 2001., in which they were indebted to him, upon condition that they pay yearly at their Lady Day Quarter Court the sum of 51. amongst the poor of the said Company.
This sum forms part of the General Distribution Fund.
KENNEDY'S CHARITY. Sir Alexander Kennedy, Bart., by will dated 16 November 1789, beqeathed unto the Cuoks’ Company the sum of 1001. Bank Stock upon trust to pay the annual dividends thereof amongst the ten clergymen's widows that should or might be pensioners of the Company for ever.
The legacy, increased by bonuses granted by the Bank of England to 1141. ls. 9d. of the said stock, now stands in the corporate name of the Company, and the dividend is annually applied, the Company adding sufficient to make up the sum of 201. per annum, which they give to four clergymen's widows, 51. to each,
ALDERMAN SAMUEL. Birch's CHARITIES. Samuel Birch, Alderman, at a General Court of Assistants, 14 September 1839, presented to the Cooks' Company the sum of 5001., and desired that the Court should use the money in the manner that they may deem best for the welfare of the poor brethren of the Company.
It was resolved that the Court do accept this liberal donation, &c., and that the 5001. be immediately laid out in the purchase of 3 per Cent. 1726 Annuities, and the income arising from such stock shall be distributed by the Court ether yearly or otherwise in such manner as they may deem most desirable in relieving any of the poor
freemen or freewomen of the Company, or widows of freemen during their widowhood. That should the Court at any time not think proper to distribute the whole or any part of the yearly income, the same shall be laid out in increasing the principal sum of stock, or of whatever pro. perty the principal may then consist.
The above gift was invested in the purchase of 5581. 138. 2d. 3 per Cent. Annuities, 1726.
At a Quarterly Court of Assistants, 28 January 1842, Alderman Birch having died in 1841, the clerk of the Company laid before the Court the following extract from the first codicil to the will of the said Samuel Birch, viz.
“I give and bequeath to the Cooks' Company of the City of London, of which I am a member, 5001. sterling, the interest of which is to be applied by the Court of Assistants to the increase of the pensioners, or the increase of the allowance to the present ones, being widows or orphans of the poor freemen of the said Company, according to the discretion of the said Court of Assistants."
The executors (two sons of the testator) resisted the claim of the Cooks' Company on the ground that the donation satisfied the legacy. The Cocks’ Company did not consider that it was the intention of the testator to consider the legacy as satisficd by the gift, as the will had remained unaltered for more than two years after the gift, and also that the trusts of the legacy did not correspond with the direction as to the application of the donation, and proceeded by a writ in equity to enforce the payment of the legacy.
A compromise was afterwards effected that the executors should pay the legacy and the Company pay their own costs.
In October 1813 the legacy was invested in the purchase of 4781. 148. 6d. New South Sea Annuities. The stock in both these securities has been paid off, and both sums, the donation and legacy, and some accumulations are now represented by the sum of 1,0251. New 3 per Cent. Annuities standing in the corporate name of the Company, and the dividends are applied in pensions to poor women, duly qualified, elected by the Court of Assistants. All which I submit to the Board.
Inspector of Charities. 30th January 1865.