Report on the Charities of the Drapers' Company
Appendix

Sponsor

Centre for Metropolitan History

Publication

Author

City of London Livery Companies Commission

Year published

1884

Pages

178-215

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'Report on the Charities of the Drapers' Company: Appendix', City of London Livery Companies Commission. Report; Volume 4 (1884), pp. 178-215. URL: http://www.british-history.ac.uk/report.aspx?compid=69711 Date accessed: 20 April 2014. Add to my bookshelf


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DRAPERS' COMPANY. Appendix

A Copy of the Will of Mr. Francis Bancroft, deceased, late Citizen and Draper of London, with an account of the salaries, duties, and emoluments of the officers and servants of his school at Mileend; together with the rules and orders for the general conduct of that institution.

The Last Will of Mr. Francis Bancroft.

I, Francis Bancroft, Citizen and Draper of London, considering the uncertainty of human life, do make my last Will and Testament, in manner and form following:

First, I recommend my soul to God my Creator, hoping through His mercy, and the merits of Jesus Christ my blessed Saviour and Redeemer, to receive pardon for all my sins, and life everlasting.

Directions for embalming the body, &c.

My body I desire may be embalmed within six days after my death, and my entrails to be put in a leaden box, and included in my coffin, or placed in my vault next the same, as shall be most convenient; and that my coffin be made of oak, lined with lead; and that the top or lid thereof be hang with strong hinges, neither to be nailed, screwed, locked down, nor fastened any other way, but to open freely, and without trouble, like to the top of a trunk.

The place and manner of Interment.; Expense of the funeral.

And I desire to be buried in a vault which I have made and purchased for that purpose under my tomb in the parish church of St. Helen's, London, within ten days after my decease, between the hours of nine and ten o'clock at night. And I do direct, that the whole expenses of my funeral, over and above what I have hereafter given for mourning and rings, shall not exceed the sum of two hundred pounds, which I leave to the care and management of my executors hereinafter named. And as to such worldly estate, as God in his mercy has been pleased to bestow upon me, subject to, and charged with, the payment of my debts, funeral charges, and legacies, hereby given, I give, devise, settle, and dispose thereof as follows:

Legacies and annuities.

Imprimis, I give my silver basin to the said church of St. Helen's, there to be used at the communion service, or otherwise in the service of that church; and for no other use or purpose whatsoever.

Item, I give to my cousin, William Turner, junior, a ring of twenty shillings value, and my diamond table ring, and ten pounds for mourning; and I give to my cousin, Martha Turner, a ring of twenty shillings value, and my rose-diamond ring: I give to my cousin, Nathaniel Cole, the sum of one hundred pounds: I give to my cousin, Thomas Catmore, son of Captain Thomas Catmore, the sum of five hundred pounds, in case he shall attain his age of twenty-one years, and serve out the term of his apprenticeship, and not otherwise:—likewise I give him my large trunk, marked T.B., full of linen; and the bedding and furniture of my chamber; and all my pieces of tapestry, together with my books and pictures; but not to have them removed till a month after my death, and then to be delivered to him: I give to my cousins, John and Anne Wallis, a ring of twenty shillings value to each of them; and to their children, John, Robert, Thomas, Rebecca, and Martha, five pounds per annum each, during their natural lives respectively, to be paid half yearly by even portions: I give to Mr. Francis Howard, Toyman, in St. Paul's Churchyard, and his wife, ten pounds a-piece for mourning; and five pounds per annum to the said Francis, during his life, to be paid half yearly by equal portions: I give to Sarah Marsh, in Coleman Street, and her daughter, Sarah Shaw, seven pounds ten shillings each, for mourning; and ten pounds per annum each, during life, to be paid half yearly by equal portions; and to the said Sarah Shaw, my silk-damask night-gown: I give to Mr. Robert Dobson, Woodmonger, and to Mr. Henry Hadley, Distiller, ten pounds each, for mourning; and to my cousin, Eade, and his wife; Thomas Essington, and his wife; Thomas Norton, and his wife; Robert Dobson, Corn Factor, and his wife; Mr. Henry Bedell, Scrivener; Mary Bales, William Phillips, Distiller, and Phillis Deane; and to each and every of them, a ring of twenty shillings value: I give to my tenants, James Stokes and wife; William Mollose, and his wife; Edward Earling, and his wife; and to each and every of them, a ring of ten shillings value: I give to Mr. Mark Bates, in St. Paul's Churchyard, Toyman, the sum of forty pounds: I give to Mr. John Turner, of Drapers' Hall, London, twenty pounds: I release and forgive unto Nathanael Frank the ten pounds due to me, by note under his hand, and all interest in respect thereof, and do order the same note to be delivered up by my executors: I give to William Burges, Wire-drawer, all my wearing apparel, both linen and woollen, except what is in the trunk aforesaid, together with my hats, wigs, and shoes.

Devise of Freehold, Leasehold, and Copyhold Estates to the Drapers' Company.

Item, I give and devise to the Master and Wardens and Brethren and Sisters of the Guild or Fraternity of the Blessed Mary the Virgin, of the mystery of Drapers, London, and to their successors and assigns for ever, all my messuages, lands, tenements, and hereditaments, as well freehold and leasehold as copyhold, situate and being in the several parishes of Woodham - Ferris, Clement's Green, Dunmore, and Prittlewell, in the county of Essex; and in the several parishes of Chiswick, St. Giles's-in-the-Fields, and St. Margaret's, Westminster, in the county of Middlesex; and in the parishes of Raydon, Layham, and Hadley, or elsewhere, in the county of Suffolk; and in the parish of St. Gregory, in London; and all other messuages, lands, tenements, and hereditaments, whatsoever and wheresoever, whether freehold, leasehold, or copyhold, whereof and wherein I am seised or possessed, or any other person or persons in trust for me, or to my use; such of the premises as are copyhold having been by me already surrendered to the use of my Will.

Residue of personal Estate to the Drapers' Company.; The value of the real and personal estates computed.; Trusts of the estates declared.; Money to be expended in ground and buildings for an hospital.

And also all my goods, chattels, ready money, plate, bills, bonds, mortgages, South Sea stock, Annuity stock, Orphans' stock, East India bonds, South Sea bonds, and all other my personal estate whatsoever, not herein otherwise disposed of, subject unto, and charged with, the payment of my debts, legacies, and funeral expenses. All the said estate, real and personal, amounting together, as I compute the same, to the value of twenty-eight thousand pounds, more or less; To have and to hold all and singular the premises before mentioned, unto the said Master and Wardens, and Brethren and Sisters, of the said Guild or Fraternity aforesaid, their successors and assigns for ever; so subject nevertheless, and charged, as aforesaid, upon the several trusts, and to and for the several intents and purposes herein-after mentioned and expressed; and to and for no other use, intent, or purpose whatsoever; that is to say, upon trust, That the said Master and Wardens, and Brethren and Sisters, of the said Guild or Fraternity, and their successors, do and shall, out of my personal estate, lay out and expend the sum of four or five thousand pounds, or thereabouts, more or less, as in their discretion they shall see most fitting, in the purchasing of a convenient piece of ground of inheritance, within the weekly bills of mortality of London, where they shall judge most advisable; and for the building thereon alms-houses for twenty-four old men, with a convenient chapel, and school-room for one hundred poor boys; and two dwelling-houses for two masters, and such other outbuilding, walling, and accommodations as shall be adjudged necessary and commodious for the purposes aforesaid.

Twenty-four old men to be placed therein.

And my desire is, that the said twenty-four old men shall be members of the Drapers' Company, of good life and conversation; and shall, from time to time, be chosen and admitted by the Master and Wardens of the said Company for the time being, or the major part of them, in case so many deserving and real poor objects of that Company can be found; and for want thereof, then such other poor old men to be taken from any place, as the said Master and Wardens shall best approve of.

The two masters to be chosen by the Court of Assistants and to give bond.; Condition of the masters' bonds.

And I do direct the said two masters shall, from time to time, be chosen and approved by the Court of Assistants of the said Company; and that, before they shall be admitted, they do give bond, with two sufficient sureties, in the penalty of one hundred pounds, or more, to be obedient and conformable to the orders of the said Company; and quietly to leave and depart from the said school and habitation, upon three months' notice, in case of dislike or misbehaviour, upon order made for that purpose by the said Court of Assistants; and that a new master be afterwards by them chosen in his stead.

One hundred boys to be placed in the school.; None to be admitted under seven nor above ten years of age, nor to be continued after fifteen years old.

And I do further direct and appoint, that the said one hundred boys shall be chosen and placed into the said school by the order and authority of the said Master and Wardens; subject nevertheless to such Orders and Rules as the said Court of Assistants, or Committee thereof, shall, from time to time, make for the good regulations and government of the said school; and for breach thereof, or other reasonable cause, that such boys shall be displaced and expelled by the same authority, and other boys chosen in their stead; and that no children shall be capable of being chosen under the age of seven years, nor above ten years, at their Election; nor be continued in the said school after the age of fifteen years.

Recommends the printed rules for government of charity schools.

And I do recommend to the said Company those excellent rules prescribed for the government of charity schools in Great Britain and Ireland, in a book printed by John Downing, for Jonathan Bowyer, in Ludgate Street, in the year one thousand seven hundred and ten, if the Company shall approve the same.

The number of one hundred boys to be kept up.; To be taught to read, write, and cast accounts, &c.; Masters to read prayers in the chapel alternately to the old men and boys.

And my will and mind is, that the said number of one hundred boys shall be constantly kept up, in case so many poor children shall be produced and tendered for the choice and approbation of the said Company at their Wardens' Court; and that they shall be taught to read, write, and cast accounts, and well instructed in the principles of the Christian religion, according to the doctrine of the Church of England, as by law established; and I do appoint, the said masters shall read prayers in the chapel every morning and evening alternately; and that the said old men, unless hindered by sickness, or other reasonable cause, together with the boys, shall constantly attend the said service.

Pensions and allowances to the old men.

And upon further trust, and my will and mind further is, that the said twenty-four old men, by and out of the rents and produce of my said trust-estate hereby devised, shall have eight pounds per annum a-piece duly paid them towards their support and maintenance, by four even quarterly payments; and six sacks, or half a chaldron of coals, each yearly; and a bays gown every third year.

Salary to the two masters and allowance for coals and candles. Also for books and necessaries for the said school.; Clothing for the boys.; Yearly visitation directed.; Visitation dinner.

And that the said two masters shall have thirty pounds a-piece salary, to be paid quarterly, as aforesaid: and that twenty pounds a-year be allowed to buy coals and candles for the use of the said school and masters, as the said Court of Assistants shall direct and appoint; together with a sufficient allowance for books, pens, paper, or other necessaries, for the said school; and that the said boys shall be clothed yearly with blue coats, caps, stockings, shoes, and linen, like to other charitychildren; which I leave to the discretion and direction of the said Court of Assistants, or care of the said Master and Wardens, for the time being: and I do desire the said Master and Wardens, and such others of the said Court of Assistants as are usually appointed for their visitations, will be pleased once a year, or oftener if occasion requiring, to visit the said school and alms-houses; to cause the said children to be publicly examined and catechised; and to inquire into the state, condition, and behaviour of the said poor men; as well as to take, view, and give orders for the needful repairs of the said school and alms-houses; and that a sum not exceeding five pounds be expended in a dinner on that day for the said Committee; and the two masters invited to partake thereof.

Two sermons annually.; One in April at St. Helen's.; The other in October at St. Michael's or elsewhere.; Masters, old men, and boys to be present, and the boys catechised.; Allowance to the minister, reader, &c. for this service.

Also I desire and appoint two sermons to be preached on a Sunday in the forenoon yearly for ever, in commemoration of these my charities; the one in April, in the parish church of St. Helen's aforesaid, by the minister of that parish; and the other in October, in the parish church of St. Michael's, Cornhill, or elsewhere, as the said Master and Wardens for the time being shall direct and appoint: and that the said masters and children, and old men be then and there present, and the children publicly examined and catechised; and that public notice thereof be given in the respective churches the preceding Sundays immediately after morning and evening prayer: and the ministers shall have twenty shillings each for preaching the said sermons; and the readers ten shillings each for examining and catechising the said children; and the clerks and sextons two shillings and six-pence each respectively.

Children to leave the school at fifteen, and allowance for placing them out.; Power of displacing masters, old men, or boys.

And my will and mind further is, that when any of the said children shall be fifteen years old, they shall leave the said school, and be paid two pounds ten shillings to buy them clothes to fit them for service, or four pounds to place them apprentice to honest handicraft trades, as the said Master and Wardens shall think most proper; and that the said Master and Wardens and Court of Assistants shall have full power, from time to time, to displace and put out the said masters, or children, or old men, or any or either of them, and place in others in their stead, at their wills and pleasure, in case they shall conceive sufficient cause for their so doing.

Allowance for repair of the vault and tomb at St. Helen's.; Directions for keeping the vault and tomb in repair, and charge on his estate for that purpose.

And whereas I have been at considerable expense in purchasing a piece of ground, making a vault, and erecting a tomb, in the church of St. Helen's aforesaid; I do hereby give and appoint the sum of two pounds per annum for ever, and more, whensoever needful, for the cleansing, taking care of, preserving, and repairing my said vault and tomb as aforesaid; it being my intention and express desire, to have the same kept up in good order and repair for ever, whether the church be standing or not; and to that end, I hereby subject and charge all my said estate in London and Middlesex with the payment and support thereof, before any of the charities herein-before mentioned.

Six silver plates to the Drapers' Company.; Rings to the Master, Wardens, and Clerk.; Twenty pounds per annum to the Clerk for trouble; to the Clerk's servant 1l. 10s. per annum.

Item, I give to the said Fraternity of Drapers the sum of thirty-five pounds, to buy six or more silver plates, to be by them used, and kept in remembrance of me; and to the Master and Wardens and Clerk, that shall be in such office or station at the time of my decease, to each of them a ring of twenty shillings in value, whom I desire to be present at my funeral, and hold up my pall; and to the Clerk of the Company for the time being, for his care and trouble in receiving my rents, keeping my accounts, and looking after my charities, I give him the sum of twenty pounds per annum; and to his man for the time thirty shillings per annum.

Expenses in executing the trust to be allowed.; Also for proving the Will in Chancery.; And for repairs, views, law-charges, &c.; After building the Hospital, the residue of the personal estate to be laid out in lands.; And in the mean-time to be placed at interest or in the funds.; Not to be answerable for losses by any purchase or defect in security.

Item, I do direct and appoint, that the said Fraternity shall, out of the rents and produce of my said trustestate, pay and allow to my executors all such costs and charges and expenses as they shall be put unto on account of their executorship; and likewise shall thereout be allowed, and retain to themselves all such sum and sums of money, costs, charges, and disbursements, as they shall at any time hereafter be put unto, or reasonably expend, in and about the proving of my Will in perpetuam rei memoriam, in the Court of Chancery, and otherwise; and for all repairs, views, journeys, charges in law or equity, visitations or other expenses and outgoings whatsoever, on account of this my trust: hereby willing and desiring them, after my said school and the alms-houses are built and finished, as aforesaid, to dispose of the residue of my personal estate in the purchasing of lands, or estate of inheritance, in feesimple, to be settled and assured as counsel shall advise, unto and upon the said Company, and their successors for ever, to answer the several charitable ends and purposes aforesaid; and, in the meantime, until such purchase or purchases may be had, to place out or continue the same at interest, or in any of the public funds or stocks, or otherwise, for the improvement thereof, as in their discretion they shall see fit; or to assign and transfer the same, as occasion may require. But my will is, that neither they, nor any of them, shall be answerable in anywise for any loss that shall or may happen by reason of any purchase or defect in any security to be by them made or taken in pursuance hereof.

The overplus of the estate (if any) to go for improving this charity.

And in case, at any time hereafter, there shall appear any considerable overplus of my estate beyond what is herein-before by me given and provided for, I then leave it to the Master and Wardens and Assistants of the said Company, for the time being, to apply and dispose of the same, for improving of this my charity, as they shall think fit.

To make a proportionable reduction of this Charity in case of deficieny in the estate; and the Company not to be prejudiced by this trust.

And in case my said estate shall prove deficient to answer the purposes aforesaid, then I likewise leave it to the said Company to make a proportionable reduction of this my charity, in such method and manner as to them shall appear most reasonable; it being my express desire and meaning, that neither the said Company, nor their estate, shall in anywise be lessened, prejudiced, or impaired by reason of their acceptance of this trust.

The executors to make over the stocks to the Company.; And to assign and deliver over to them the rest of the personal estate.

And I do hereby direct and appoint my executors to assign, make over, and transfer all and singular my several stocks herein-before mentioned, and all other stocks whatsoever, which I have, or am entitled unto, in any of the public companies, or otherwise, unto the said Master and Wardens, and Brethren and Sisters, of the Fraternity aforesaid; and shall likewise assign and deliver over unto them all mortgages and other securities whatsoever; and all other my personal estate, before mentioned to be by me given and devised unto them, to the end that the same may be applied by them to the several trusts, and for the several charitable purposes, herein-before directed and appointed.

Executors appointed.; A legacy of 20l. to each of them.

And lastly, I do nominate and appoint my worthy friends, Samuel Webb, and John Gould, of Hackney, Esquires; Nicholas Cripps, of the county of Kent, Gent.; Thomas Barnard, of London, Gent.; and James Jackson, of Woodford, in Essex, Gent.; being all of them Citizens and Drapers of London, aforesaid, executors of this my last Will and Testament: and I give unto each of them twenty pounds a-piece for their care and trouble in the execution thereof.

Revocation of former Wills.

And I do hereby revoke and make void all former or other Wills by me at any time heretofore made; and do declare this present writing, contained on six sheets of paper, to be my true and only Will. In witness whereof, I, the said Francis Bancroft, the testator, to all and every of the said six sheets my hand and seal have subscribed and set, this eighteenth day of March in the year of our Lord one thousand seven hundred and twenty-seven, and in the first year of the reign of our sovereign Lord King George the Second.

F. Bancroft.

Signed, sealed, published, and declared by the said Francis Bancroft, the testator, to be his last Will and Testament, in the presence of us, who subscribed our names as witnesses thereunto, in the presence of him, the said testator, this 18th day of March, 1727.

George Waite, Lecturer of St. Mary, Islington.

John Bateman, of Islington.

William Unwin, Clerk to Mr. Turner, of Drapers' Hall.

Bancroft's Hospital.

The Officers and Servants, with their Salaries, Duties, and Emoluments.

There are two schoolmasters and an usher.

One master is called the head master; and the present one has an annual salary of two hundred and fifty pounds; which, with the use of a house and garden, free of rent, and free from all expense of repairs and taxes, and fiftyfour sacks of coals, is in full of all emoluments whatever to him; but the above-mentioned salary is not to be considered as appertaining to the office of head master, as the Court have reserved to themselves the right, upon any future appointment, of fixing it at such sum as they shall deem fit and proper.

The other master is called the under master, and the present one has an annual salary of one hundred and sixty pounds; which, with the use of a house and garden, free of rent, and free from all expense of repairs and taxes, and fifty-four sacks of coals, is in full of all emoluments whatever to him. The same observation which is made upon the subject of the salary of the head master also applies to that of the under master, as well as of the matron and other servants of the establishment.

Since January 1841 the office of præpositor has been abolished, and an usher employed instead. He is appointed by the visiting committee, and his duties are to assist in instructing the lower classes and to superintend the boys out of school hours in the playground and boarding-house. His salary is forty pounds a year, with board, lodging, and washing. The present usher also holds the office of singing-master, and receives for that twenty pounds a year more.

There is a chaplain, a clergyman of the Church of England, who has a salary of thirty-one pounds ten shillings per annum, in full of all emoluments whatever. For many years past, the office of head master and chaplain have been united.

There is a medical attendant of the hospital, who has an annual salary of eighty-four pounds, which is in full of all emoluments whatever to him; the drugs, &c. being paid for out of the trust funds. (fn. 1)

There is a matron, who is a single woman, who has an annual salary of sixty-three pounds; which, together with board, washing, and lodging at the hospital, free of cost, is in full of all emoluments whatever to her.

There is a woman cook, who must be a single woman without children; she has sixteen pounds per annum wages, which, together with board, washing, and lodging at the hospital free of cost, is in full of all emoluments whatever to her.

There are four other women servants, all single women without children; each of them has wages, fixed from time to time by the visiting committee; which, together with board, washing, and lodging at the hospital, free of cost, is in full of all emoluments whatever to them.

The masters, officers, and servants are not permitted to take or accept any fee, perquisite, or gratuity whatsoever from any of the tradesmen employed, or from the friends of any of the boys, or any other person upon any occasion or pretence whatsoever.

The Duties of the Two Masters.

The head master has the management of and is responsible for the general conduct of the whole establishment, and is to see that the other officers and servants perform the several duties allotted to them. The under master is in all things to be subordinate to the head master; and in the absence or sickness of the latter, the under master is to perform all his duties; and in the absence or sickness of the under master, the head master is to perform all his duties.

The duties and authorities of the two masters with respect to the alms-men are set out in the rules and orders for the government of the hospital.

The two masters (subject to the subordination of the under master to the head master), with the assistance of the usher, are to instruct, educate, and govern the boys, pursuant to the directions contained in the Founder's will; and to teach them to read, write, and cast accounts; moreover, to educate them as well in the principles of the Christian religion, according to the doctrines of the Church of England, as in loyalty to the Sovereign: and each master is to take his share of the duty according to the best of his ability. All corporal punishment to be inflicted on any of the boys is to be inflicted by the head master, and the under master is not to inflict corporal punishment on any boy, but is to show up any boy who, in his opinion, shall deserve corporal punishment, to the head master, for him to inflict it; but this does not extend to delinquencies during the absence of the head master, which, in the opinion of the under master, shall require immediate punishment.

Prayers are to be read in the chapel by one of the masters every morning on a week day, throughout the year, at half-past eight o'clock, and every evening on a week day at half-past four; and by the chaplain once on every Sunday and on Christmas Day and Good Friday, at such hour as shall be consistent with the time when Divine Service is to be performed, as herein-after mentioned. (fn. 2)

The under master or matron is always to be present at each of the boys' meals of dinner and supper, and at their prayers.

The two masters are never to be absent from the hospital at the same time; so that at all hours, as well out of school time as in school time, and in holiday time, one master may always be upon the spot for the government of the alms-men and boys.

The duties of reading prayers in the chapel, and attendance for government of the hospital out of school times and during holidays, are to be performed by the two masters alternately day by day, or otherwise, as they shall agree upon, or the visiting committee shall direct.

Each master is to have a master-key of the boardinghouse, and of the two dormitories, and of every other apartment therein; except the private apartments of the matron and servants, and except the pantries, store-room, cellar, and wardrobe, the keys of which are to be kept exclusively by the matron, but the masters are to have access thereto at reasonablet imes, at their pleasure, but in her presence.

The head master is to attend the master and wardens of the Company at the Hall, from time to time, for the admission of boys, settling petty accounts, and other business of the hospital.

The head master is to keep all the accounts at the hospital, and have disbursement of the petty expenses, and other sums payable which are not paid by the clerk of the Company, in usual course, or in pursuance of bills previously signed by the wardens or chairman of the visiting committee.

Both or either of the masters, as the visiting committee or master and wardens visiting the hospital, or as the clerk of the Company, shall at any time direct, is to assist them in taking and entering the minutes of their orders and proceedings at the hospital; and both the masters are to have access thereto at all times unless unless it shall be otherwise directed.

The two masters are freely to communicate with each other and act in concert in all matters relating to the hospital and school, subject, nevertheless, to the subordination of the under master to the head master, as herein mentioned; and in case of difference of opinion, the head master shall decide. And both masters are to report all misbehaviours, breaches of order, and neglects of the masters, officers, servants, alms-men, boys, and others, and all matters requiring the notice and attention of the governors, to the master and wardens, visiting committee, or clerk of the Company; and in case either master shall refuse to join in reporting anything which in any way shall come to the knowledge of the other, or which the other shall think necessary to be reported, such other shall report singly, and it shall be no excuse to either master, who does not report any matter which ought to be reported to the governors, that he has communicated or reported the same to the other master, or that he thought the other ought to have reported the same.

The Duties of the Chaplain.

The chaplain is to read prayers and preach in the chapel of the hospital once every Sunday throughout the year, and also on Christmas Day and Good Friday, at such hour as shall from time to time be settled.

The Duty of the Medical Attendant.

He is to attend at the hospital daily, as well on the alms-men as the boys, and is to enter minutes of such his attendance in the book which is kept at the hospital for that purpose; he is also to attend at Drapers' Hall, from time to time, to furnish information to either the court of assistants, master and wardens, visiting committee, or clerk of the Company, of the state of the boys in the school.

The Duties of the Matron.

The matron has the chief control and management of the boys out of school hours, subject to such orders as may from time to time be issued by the masters, and such assistance as may be personally given by them and the usher. She is to receive by weight and measure, and examine the quality, keep under lock and key, and deliver out by weight and measure, all provisions and stores whatever, and keep regular accounts thereof. She is to attend at all the boys' meals when the under master is not present, and assist in the carving and distribution of the victuals. She is to have the charge of the furniture and boys' clothing, and is to see that the same is kept in proper repair, and mended and kept clean, and is to keep such articles as are not in actual use locked up. She is to attend the boys and see that each boy is twice every day properly washed and combed, and especially to superintend the washing and combing of such of the little boys as cannot do those offices for themselves. She is to examine and take care of the state of the boys' health, under the direction of the medical attendant, and report to the head master, or in his absence to the under master, such as are sick and require confinement or medical assistance; and when sick, she is to see that the boys are properly nursed and assist therein, and take charge of the boys' persons in health and in sickness. She is to superintend and direct all the operations in the kitchen, and manage the whole domestic economy of the boarding-house. She is to superintend the performance of the duties of all the women servants, who are subordinate to her.

The matron is daily to visit every room in the boardinghouse, and go through both the domitories every night after the boys are in bed, to see that they are properly lodged, and that no irregularites are committed.

The matron is to make up her account of petty expenditure weekly to every Saturday night, and on the Monday following to deliver it to the head master, or in his absence to the under master, to the end that it may be regularly drawn out and entered by him.

The matron is subordinate to the masters, and should report to the head master, or in his absence to the under master, all irregularities and misconduct whatever, or anything worthy of notice, either in the boys, the servants, or relating to the building, furniture, clothes, stores, or otherwise; and she is also to make like reports of the same things to the visiting committee, or the clerk of the Company, at any visitation on board day, as well as communicating the subject of them to the masters; for which purpose she is to keep a journal wherein to enter daily all occurrences requiring note, which journal is be produced to the visitors and their clerk, and be open to the inspection of the masters.

The Duties of the Women Servants.

All the women servants are immediately subordinate to the matron, and are to follow her directions in all things.

The cook is to perform all the cooking, light the kitchen and furnace fires, and clean and take care of the kitchen, back kitchen, sculleries, pantries, and cellar, and the cooking coppers, kitchen utensils, dishes, porringers, plates, and spoons.

The other three servants are to clean and take care of all the other parts of the boarding-house, and light the other fires therein; and make all the beds, and do such other work as the matron shall direct.

They are to assist every evening in washing and combing the boys, and attend upon and nurse any of the boys who may be sick.

They are to mend all the house linen and boys' shirts and stockings.

The cook and the other women servants, with the assistance of such of the boys as may be appointed thereto, are to do all other domestic business not herein-before described, which is to be done in or about the boarding-house, the furniture, and the boys' persons and clothes, under the superintendence and direction of the matron.

The Boys' Conduct.

The boys are to be admitted to the school by the master and wardens, at their courts at Drapers' Hall, subject to the regulations made by the court of assistants.

Every boy, previously to his being received into the school, is to bring a certificate from the churchwardens and overseers of the poor of the parish to which he belongs, acknowledging that he has a legal settlement in their parish, and undertaking to receive him on his being sent from the school at the expense of the parish, the signature of which certificate is to be verified by a declaration before a magistrate; and he is also to bring an authority in writing from his father, or nearest friend, consenting that he may be sent to his parish, or, in case of sickness or hurt, to any hospital for relief of sick persons. And every boy, previously to his admission, is to be examined by the medical attendant of the hospital, and to bring a certificate in writing from him as to the state of his health. Forms to be observed in these documents are in the appendix hereto, and are furnished to the friends of the boys by the clerk of the Company. These papers must be produced to the clerk of the Company, and are afterwards regularly filed and preserved by the head master, at the hospital. Nevertheless, the master and wardens, on consideration of any particular circumstances, are at liberty to dispense with the production of the said documents, or any of them, and to make a special order for any boy being received into the school without them, on such conditions as they shall see fit.

No boy can be received into the school until after he shall have had the small-pox or cow-pox.

No boy can be received into the school without an order in writing for that purpose, signed by the clerk of the Company, addressed to the head master, or in his absence to the under master of the school; and which order is given by the clerk, on production of the documents above mentioned, or on an order being made by the master and wardens for any boy being received into the school without them.

The order for the admission of any boy will become void unless the documents above mentioned are produced within four weeks from the date thereof, and unless the boy be admitted on the same day on which the medical certificate is dated; and it also will become void if within four weeks he shall not become entitled to be received into the school, unless the master and wardens shall by a subsequent order allow further time for either of those purposes.

Eight boys, whose discretion and good behaviour entitle them to confidence, are appointed by the head master from time to time and are called monitors, and are removable at the pleasure of the head master. Such monitors act as assistants to the masters, and superintend and are responsible for the conduct of the other boys, and report all misbehaviour to the masters; the monitor appointed for that purpose by the master rings a bell for the boys' rising in the morning, and by way of notice of school times, meal times, and bed time, and on any other occasion when it is necessary to convene the boys; and the monitors also take care of, light, and put out the candles, whenever any are used; and they wear some badge or token, to denote their authority and responsibility. The appointment to the office of monitor is considered as a reward for good behaviour, and such boys as conduct themselves well therein are presented by name to the governors at their annual visitations, for their notice.

The head master appoints by rotation or otherwise, as he may deem most advisable, such of the boys as it is found convenient to employ in assisting the servants in any domestic business; and no boy not so appointed is on any account to be employed therein, nor is any boy to be employed in any such business in any other manner, or at any other time, than shall be fixed by the general rules of the school, or than the head master, or in his absence the under master, shall direct.

The boys are lodged in separate beds, and are quartered in the dormitories at the discretion of the head master, four monitors being quartered in each dormitory, and no boy, after bed time, and before the hour of rising, is allowed to be absent from or leave his dormitory on any occasion without the previous permission of a monitor.

The boys, on the ringing of a bell in each dormitory, rise at six o'clock in the morning from Lady-day to Michaelmas, and at half-past six o'clock in the morning from Michaelmas to Lady-day; and they then immediately wash their faces and hands and smooth their hair with a comb, after which they remain in the dining hall or school room until it is time to proceed to chapel; and at eight o'clock have their breakfast.

The school duties commence at half-past seven o'clock in the morning from Lady-day, during the summer half-year, to Michaelmas, and at nine o'clock in the morning from Michaelmas to Lady-day, and continue, with the exception of half of an hour allowed for breakfast, without interruption, till noon throughout the year. When the boys come out of school at noon they proceed to do such domestic duties as may have been assigned to them.

The boys dine at half-past twelve o'clock every day, when a bell is rung to summon them for that purpose.

School recommences at two o'clock in the afternoon, and continues till the boys proceed to chapel—the afternoon of every Wednesday and Saturday, which are halfholidays, excepted.

The boys sup at six o'clock every evening.

Grace is said before and after breakfast, dinner, and supper each day, by one of the monitors, or other boy appointed by the master or under master.

At half-past seven o'clock in the evening from Lady-day to Michaelmas, and at half-past six o'clock in the evening from Michaelmas to Lady-day, the boys assemble in divisions and clean their shoes and brush their clothes; and the boys are then stripped to the waist and thoroughly washed with soap and their heads and hair washed and thoroughly combed and brushed; and as they are finished, they retire into the dining-hall. And at nine o'clock in the evening from Lady-day to Michaelmas, and at eight o'clock in the evening from Michaelmas to Lady-day, the boys go to bed, having previously united in a decent orderly manner in the dining-hall in a short evening prayer, said by one of the monitors or other boy appointed by the master, with the exception of Sunday, on which day the house prayers are always read by the senior monitor.

The boys are constantly habited in the school dress, as well when absent on leave as when at school, to the end that their behaviour may be the better observed and known.

A distinct play-ground is allotted for the boys, and therein there is a covered shed for them to play in in wet weather, and such shed is paved with flag-stones, and the boys are prohibited from ever remaining or playing in the front court.

The boys are not permitted to go into their dormitories in the daytime, so that they may be fresh for their sleeping in, and the windows thereof are to be kept open all day, when the weather permits.

Out of school-time the boys are in the playground before mentioned, or in the school room.

If any boy is discovered wilfully injuring the books provided at the expense of the institution, the parents or friends of such boy are deemed responsible for the value of the same.

The boys are to behave with duty and obedience to their masters, and with meekness and respect to all; they are to set a good example to each other, and refrain from vice, and more especially from stealing, lying, swearing, profanation of the Lord's Day, and other enormous crimes; and if any shall be found guilty of any such he is to be reported to the visiting committee, and punished in such way as the court may see fit.

There are no calendar holidays, and the only holidays are as follows, viz., from the day before Christmas Day to the 7th of January, and from the day after the visitation in July till the following Tuesday four weeks, and the following days only are whole holidays, viz., the 18th of March, in commemoration of Mr. Bancroft, the founder, St. George's Day, Good Friday, Easter Eve, Easter Monday, Easter Tuesday, Whit Monday, and Whit Tuesday, the Sovereign's birthday, the 5th of November, and Lord Mayor's Day, and the day after the sermons at St. Michael's and St. Helen's. On these days the boys publicly catechised are allowed to visit their friends from 9 a.m. to 7 p.m.

The house is kept open for the boys' board, as well during the holidays as at other times, it being optional with the friends of the boys whether they have them home or leave them at the hospital during the vacations.

During holidays and half-holidays the same hours are observed, and chapel services and other duties performed, in the same manner as in school time.

At all times previous to the boys going to chapel they are to assemble under the shed or in the school, and go from thence in a sober orderly manner, two by two, and return in the like order, and leave their books in the school.

Whenever the boys assemble for school or chapel, they meet five minutes before the time when school or chapel shall begin; and one of the monitors appointed for that purpose calls over the names of the boys and notes down such boys as are absent, and delivers the list of the absent boys to the master present, who deals with them for such neglect according to their respective deserts.

No boy is permitted to leave the hospital ground, either during holidays or at any other time, upon any occasion, without the special leave of one of the masters; nor to sleep from the hospital without leave in writing from the master, wardens, visiting committee, or one of them, or from the clerk of the Company, to be granted only for some very special reason to be assigned; and on any leave of absence being granted, the masters are to be informed where and to whom, and for what, the boy applying for leave wishes to go; and if leave be given, the master is to give the boy an absence badge, with some number or other distinguishing mark, to be carried about such boy. Any boy being out of the hospital ground without such absence badge, or in case of any deceit touching the same or his absence, or in case of any boy having leave of absence does not return within the time limited, he is deemed guilty of misbehaviour, and punished accordingly by the master, or expelled or otherwise punished at the discretion of the master, wardens, or court of assistants, if they see fit to interfere therein.

The first Wednesday and Saturday in every month are appropriated for the admission of the friends of the boys, who on such days are allowed free access to them from one p.m. till chapel time. Parents may also visit the boys in the playground between one and two p.m. any day but Sundays.

The friends of every boy who shall be expelled or dismissed the school, or shall depart therefrom without the consent of the proper authorities, shall return his clothes to the matron.

The Boys' Clothing.

Each boy has annually one jacket, a waistcoat without sleeves, and two pairs of trousers; and he has also a waistcoat with sleeves every other year.

Three shirts.

Four pairs of stockings.

Four pairs of shoes.

One cap and a black ribbon to put round the neck.

The boys have clean shirts every Sunday and ever Thursday, and clean stockings once a week.

Each boy's hair is cut by a person employed for that purpose once every month, as close as scissors can be got to the head.

The boys have clean sheets once a fortnight, the sheets of the beds in the two dormitories being changed successively week after week.

Boys' and Servants' Diet.

Each boy has for breakfast every morning eight ounces of white bread, and every other morning half a pint of milk and water, in equal quantities of each; and on the intermediate mornings half a pint of cocoa.

The boys have each day for dinner fifty pounds of either roasted or boiled meat, with potatoes, and occasionally greens, and a quantity of bread averaging two ounces for each boy. Each boy has for dinner:—

Four days a week 8 oz. (undressed) meat with potatoes (or frequently green vegetable when the latter can be procured) and 2 oz. bread.

Twice a week 5 oz. meat with pudding (suet or fruit) and potatoes and 2 oz. bread.

Once a week baked rice pudding or boiled rice and treacle and 2 oz. bread.

The meat is contracted for, and is to be of the best quality—the best ox beef and the best wether mutton.— The beef is either rounds or buttocks for boiling, in pieces, as nearly as possible, of twenty-five pounds each and without bone, and in pieces of ten pounds each for roasting; and the mutton is the leg of about ten pounds each, with the shanks cut off, to the upper joints.

The boys on alternate evenings have bread and cheese for supper, about six ounces of the former and an ounce and a half of the latter for each boy, and on the other evenings bread and butter.

Thrice a week they have bread and cheese with water.

Thrice a week bread and butter with milk and water.

Once a week bread and treacle with milk and water.

The boys' beverage is the best water.

The weekly diet provided for the servants is as follows:

Ten and a half quartern loaves of breadamongst them.
Thirty-five pounds of meat
Three-quarters of a pound of suet
Three pounds of flour
One pound of raisins
Four pounds and a half of cheese
Four pounds and a half of butter Salt.

And half a barrel of beer in a fortnight.

The following diet is established for the boys on feasts or holy days:

18th of March, the Founder's day.—Sixty pounds of roast beef and dumplings rubbed in the drippingpan, with vegetables.

Saint George's Day.—Sixty pounds of roast beef and fifty pounds of good plum pudding with vegetables.

Easter Sunday.—Sixty pounds of roast beef and Yorkshire pudding, with vegetables.

Last Sunday in April.—Sixty pounds of roast beef and fifty pounds of good plum pudding, with vegetables.

Whit Sunday.—Sixty pounds of shoulders of veal and gooseberry pies, with vegetables.

The Sovereign's Birthday.—Sixty pounds of shoulders of veal and gooseberry pies, with vegetables.

Examination Day, last Thursday in July.—Sixty pounds of shoulders of veal and fruit pies, with vegetables.

Last Sunday in October.—Sixty pounds of roast pork and apple pies, with vegetables.

Fifth of November.—Sixty pounds of roast beef and dumplings rubbed in the dripping-pan, with vegetables.

Lord Mayor's Day.—Sixty pounds of roast pork and apple pies, with vegetables.

Christmas-Day.—Sixty pounds of roast beef and fifty pounds of good plum pudding, with vegetables. (fn. 3)

And on these feast-days the boys have generally twopence each allowed them in lieu of beer.

Immediate Government of the Hospital.

The immediate government and superintendence of the establishment is vested in five members of the court of assistants of the Drapers' Company, to be annually chosen by the court on the election-day in August, to be called the Visiting Committee of Bancroft's Hospital; and any three of them are to be a quorum.

The committee are to give orders for the purchase and supply of provisions, either by contract or otherwise, from time to time, as they shall see fit, pursuant to the rule of diet established, with such variations as occasional circumstances may render advisable.

The committee for the time being, or any three of them at least once a fortnight, on such day as they shall settle amongst themselves, or oftener, at their discretion, are to meet at the hospital without previous notice at the hospital being necessary, and there shall personally review the boys, the school, and dormitories, and examine the stores and provisions, and examine the accounts to be kept by the master and by the matron, up to the Saturday night preceding such visitation; and they are to be liberty to visit the alms-men and alms-houses whenever they see fit. Minutes of the proceedings and orders made on every such visitation are to be taken by the head master, or in his absence by the under master, and such minutes shall afterwards be drawn out at length by the head master, or in his absence by the under master, and a copy thereof from time to time is to be transmitted to the clerk of the Company, to the end that such minutes may be preserved in duplicate, and may be always resorted to as well at the hospital as at the Hall.

In case of any sudden emergency, the masters of the hospital are forthwith to give notice thereof to the clerk of the Company, and to one of the members of the visiting committee at the least, to the end that what may be necessary therein may be done.

The accounts of the household expenditure are to be kept quarterly, and show the provision, consumption, and price of each article distinctly within each quarter.

The committee are to have no allowance in respect of the meetings at the hospital, other than and except that they are to be respectively reimbursed such sum as they shall expend in coach-hire from the Company's Hall to the hospital and back again.

The general committee of the court of assistants are to visit the hospital to hear the boys publicly examined on the last Thursday in July, and the master and wardens are to continue to attend at St. Helen's Church on the last Sunday in April, and at St. Michael's on the last Sunday in October, to hear the boys catechised, as mentioned in the Founder's will.

The government of the hospital is at all times to be subject to such provisions and directions in the Founder's will as shall be applicable to the establishment, and also subject to such directions and regulations as the court of assistants shall give or make when they shall see fit to interfere therein.

The remnants of furniture which from time to time may be worn out, and all the woollen and linen rags, and all the remnants of every description arising from the boys' clothes, and every sort of kitchen stuff (if any) and all sorts of offal, however trifling, which shall not be used at the hospital, are to be sold on account of the trust.

Rules and Orders for the General Conduct of the Institution.

I. That the head master have the management of, and be responsible for, the general conduct of the whole establishment, and see that the other officers and servants perform the duties of their several stations; and that the under master be in all things subordinate to the head master.

II. That in the absence or sickness of the head master the under master perform all his duties as master; and in the absence or sickness of the under master the head master perform all his duties.

III. That the masters read prayers in the chapel morning and evening, alternately or otherwise as they may themselves arrange; and take care that the alms-men and children devoutly attend the said service, unless hindered by sickness or other reasonable cause, to be admitted by one of the masters, to whom application must be made for exemption from attendance.

IV. That full divine service be regularly performed in the chapel once every Sunday throughout the year, and also on Christmas Day and Good Friday, at such hour as shall, from time to time, be fixed by the head master; and that during the time of the service the hospital gates be closed and locked.

V. That the daily chapel service commence at half-past eight a.m., and half-past four p.m., throughout the year.

VI. That each master keep a register, and set down therein such faults and offences as are worthy of notice, which shall from time to time be committed in breach of any of the rules to be observed by the alms-men; and deliver in the same to the visiting committee at their first meeting in every month: to the end that they may be informed of the same.

VII. That the masters never leave the hospital at the same time; to the intent that one master may at all times, as well as out of school hours as in school hours, and in holiday time, be upon the spot for the government of the alms-men and boys: excepting only on such extraordinary occasions as shall be specially sanctioned by the visiting committee; and then the matron shall be apprised of it, that she may have more especial care of the boys.

VIII. That the alms-men, unless hindered by sickness or other reasonable cause, do devoutly attend the public worship of God in the chapel, morning and evening regularly, in their gowns; and take their seats there in order as they come.

IX. That one of the alms-men, or other person appointed by the master and wardens, officiate as clerk in the chapel whenever divine service is performed; and that the bell be tolled for the space of five minutes on week days, and a quarter of an hour on Sundays, before the prayers commence.

X. That after the bell hath been tolled for the stated time, the chapel clerk note down the names of such almsmen as may be absent, and make a weekly report thereof to the head master.

XI. That in case the master and wardens shall have permitted the wives of any of the alms-men to reside with their husbands, such wives do constantly attend divine service every Sunday morning and afternoon; unless hindered by sickness or other just cause to be allowed by one of the masters.

XII. That one of the alms-men, or other person appointed by the visiting committee, do sweep and keep the chapel and school in clean and decent order, and bring up coals, and light the fires in the school and chapel when necessary: and also sweep and keep clean the portico, stone steps, and pavement before the chapel, school, and masters' houses.

XIII. That the two alms-men appointed to reside in the lodges do each keep the key of his respective gate, and lock up the same so soon as the clock shall have struck the hour of nine in the winter, and ten in the summer; and that in case any alms-men shall be found to have been absent without leave after the gates have been closed more than four times within the space of one year, he shall not be received again into the said alms-houses, or be entitled to the pension or allowance of an alms-man; unless afterwards restored thereto by an order of the court of wardens, on good assurance of amendment for the future.

XIV. That the alms-man who shall have been appointed to keep the east gate do every morning, before ten o'clock, sweep and clean the whole of the gravel roads, and roll them when necessary; that he sweep also the foot-path in front of the hospital without the walls, next to the highway; and that every night from Michaelmas to Ladyday, at half-past eight p.m., and from Lady-day to Michaelmas, at half-past nine p.m., he toll the bell fifty strokes by way of warning of the time of locking up.

XV. That either of the masters, when he shall see just cause, may give license to any one or more of the almsmen, not exceeding two in number at one time, to be absent from his habitation and prayers for the space of one day and night, so that he do not license any one person to be absent more than four times in one year: and that the persons obtaining such license, from time to time, give notice thereof to the other master, to the end that he may note the same.

XVI. That any two or more of the wardens, or the visiting committee, from time to time, as they shall see cause, may give license under their hands to any of the alms-men to be absent from their habitations for any space of time, not exceeding twenty-one days. And in case the court of assistants or the masters and wardens for the time being shall think fit, for the better support and encouragement of any of the said alms-men, to employ any of them in the Company's service at the Hall, that the said wardens, or any two of them, may license such of them as shall be employed to be absent from time to time, in the daytime only, as the duty of such service may require, giving notice thereof to the masters.

XVII. That the said alms-men and their wives (if permitted to reside with them) behave with submission and respect to the masters, and live in brotherly love and friendship towards one another.

XVII. That no alms-man nor his wife use any railing, bitter, or uncharitable speeches to any of the other almsmen or their wives; and that no alms-man presume to strike any brother or brother's wife, under the penalty of a private reprimand for the first offence, a public reprimand for the second, and for the third offence expulsion from the hospital for ever.

XIX. That if any alms-man or his wife presume to take the name of God in vain, or be drunk, such offender receive for the first offence a private, and for the second a public, reprimand. If after the second time he or she offend in like manner, that the party so offending be forthwith reported to the court.

XX. That if any of the said alms-men haunt or frequent any public-house, and resort thereto after notice given him by either of the masters to refrain therefrom, the person so resorting thereto, after such notice given as aforesaid, receive for the first offence a private, and for the second a public, reprimand. If after the second time the offence be repeated, that the party so offending be forthwith reported to the court.

XXI. That if any of the inmates of the hospital commit adultery or fornication, or be guilty of theft or such like enormous crime, he or they so offending be for ever expelled.

XXII. That if the wife of any of the said alms-men, who shall have been permitted to reside with her husband, prove with child, she shall not be permitted to lie-in in any of the said alms-houses; but shall be removed by her husband (so soon as it shall have been discovered that she is with child) until she be delivered, under the penalty of his being for ever expelled in case of breach or disobedience of this order.

XXIII. That neither of the said alms-men presume to take an apprentice, or do any other act by which any charge may possibly accrue to the parish where the said alms-houses are situate, under pain of expulsion.

XXIV. That neither of the said alms-men presume to marry during his continuance in the said alms-houses, without leave of the wardens for the time being, under pain of expulsion.

XXV. That if any alms-man, or his wife, presume to beg during the time that he or she may be harboured in the said alms-houses, the offender suffer expulsion for the same.

XXVI. That no alms-man, or his wife, sell any chandlery ware, liquors, or fruits within the grounds of the hospital, or keep any bulk or stall there, or any public shop for exposing anything for sale, or put up any sign or show-board within the premises, under the penalty of forfeiting three months' pension for the first, and expulsion for the second, offence.

XXVII. That no linen be laid upon or dried in the ground before the alms-houses.

XXVIII. That no alms-man, nor his wife, keep any swine or rabbits or poultry within the ground, under the penalty of five shillings for every such offence.

XXIX. That none of them keep any dog within the said alms-houses or ground, under the penalty aforesaid.

XXX. That none of them take in any inmate, servant, or other person, to inhabit the said alms-houses, other than such as shall be allowed by the visiting committee for the time being, in case of sickness or inability, under the pain of expulsion.

XXXI. That every alms-man daily, before the hour of ten in the morning, sweep and make clean the pavement before his dwelling; and that no ashes, soil, dust, nor any other thing, be cast out or laid in any part of the ground belonging to the said alms-houses, other than the places appointed for that purpose.

XXXII. That none of the said alms-men presume to take down, break, or deface any of the brickwork, tiling, wainscot, or other thing belonging to the hospital under pretence of altering or amending the same, or otherwise, under the penalty of forty shillings, over and above the expense of restoring the same to the condition it was in before such alteration was made.

XXXIII. That the alms-men from time to time repair the glass windows of their respective houses at their own charge, to the end they may be careful to prevent the same from being broken.

XXXIV. That upon the death, expulsion, or other removal of any alms-man, all the grates, cupboards, dressers, shelves, locks, bolts, and similar improvements which he may have put up in his house, be left therein for the benefit of the said house.

XXXV. That for the better observation of the foregoing ordinances, and that no person concerned may plead ignorance thereof, it is ordered that the same be printed and framed and constantly hung up in the chapel, and that they be read by one of the masters twice in each year, viz., on the first Monday in March and the first Monday in September, in the said chapel, immediately after divine service.

APPENDIX.

No. I.

Form of a Parish Certificate and Declaration to be produced on Admission of a Boy into Mr. Bancroft's Hospital.

To the Master and Wardens of the Worshipful Company of DRAPERS of London, Trusteees of Mr. Bancroft's Hospital at Mile End, in the county of Middlesex.

Here insert the parents' name.

We, the Churchwardens and Overseers of the Poor of the parish of, in the county of, do hereby certify, that we own and and acknowledge the son of, has a legal settlement in our said parish of, and to the best of our knowledge and belief the said is of the age of, and entirely free from any infectious distemper: and we do hereby promise, for ourselves and successors, to receive the said into our parish, and provide for him whenever he shall be sent to us from the said hospital, and to pay all expenses on account of his being so sent to us. In witness whereof, we the said Churchwardens and Overseers have hereunto respectively set our hands the day of in the year of our Lord, 18.

Signed in the presence of

Churchwardens.

Overseers.

This is to certify that, one of the witnesses who attested the signing of the above certificate, hath solemnly declared before me, one of Her Majesty's Justices of the Peace for the county of, that he did see the Churchwardens and Overseers whose hands are to the said certificate subscribed and set, severally sign the certificate; and that the hands of the said, and whose names are above subscribed as witnesses to the signing of the said certificate, are of their own respective proper handwriting. Dated the day of 18.

No. II.

Form of Paper to be signed by the Father, or other nearest Friend, of every Boy on his admission into Mr. Bancroft's Hospital.

To the Master and Wardens of the Worshipful Company of Drapers of London.

Worshipful Sirs,

Your Worships having been pleased to admit my son (nephew or cousin, as the case may be) into Mr. Bancroft's Hospital at Mile End, in the county of Middlesex, I do hereby give my free consent, that in case your Worships, or any of the trustees for the said hospital, shall at any time see fit to order him to be removed to any parish where he has a legal settlement, or which shall be willing to receive him, or to the London Hospital, or any public hospital in or near London for relief of persons requiring medical or surgical assistance, that he may be so removed, without further authority from me; and if your Worships, or the trustees for the time being, shall cause notice to be given to me to take the boy from the hospital, I hereby promise immediately afterwards, at my own charges, to go to the hospital, there to receive and take charge of him accordingly.

I am,
Worshipful Sirs,
Your Worships' humble Servant.

No. III.

Form of Certificate to be given by the Medical Attendant previous to any Boy being received in Mr. Bancroft's Hospital.

To the Master and Wardens of the DRAPERS' Company of London.

Worshipful Sirs,

I have examined and from such examination, and from such information as I have been able to collect from his friends respecting him, he appears to me to be free from any infectious distemper, and from any offensive disease, and from any habitual disease likely to require medical or surgical assistance, or which is likely to prevent his constant attendance at school, or which requires any other care than what he will receive in the ordinary course of the establishment at the school at Mr. Bancroft's Hospital, and he appears to me to be secure from the small-pox.

I am,
Worshipful Sirs,
Your Worships' humble Servant.

Kirkham School, In Lancashire.

Scheme approved of by one of the Masters of the Court of Chancery for the regulation and management of the school.

1st. That the scheme of education for the free scholars of the school shall comprise instructions in the Greek and Latin languages, and all subjects requisite for a good classical education; and also instructions in English literature, composition, history, geography, and all subjects requisite for a good English education; and also instruction in writing and arithmetic, mensuration, algebra, trigonometry, and in such other branches of mathematics, and in the rudiments of such branches of natural seience, and in such other subjects of English education as are adapted to the wants of an agricultural, commercial, and manufacturing population, and as the Visitors of the school shall, from time to time, order and direct to be taught therein.

2nd. That there shall be three masters of the School, namely, the head master, a second or under master, and a third master or usher: and all the masters shall be members of the Established Church of England, and shall, in the discharge of their duties, conform themselves to the orders and directions of the Visitors.

3rd. That the head master shall be in Holy Orders, and shall have received a regular academical education at the University of Oxford or of Cambridge, and taken the degree of Master of Arts or of Bachelor of Civil Laws at one of those Universities; and shall be qualified to give instruction in the mathematics and the Greek and Latin languages, and all other subjects requisite for a good classical education.

4th. That the second master shall be qualified to give instruction in the Latin language, and in English grammar, writing, arithmetic, mensuration, algebra, geography, history, and such other subjects of English education, including the rudiments of any branch of natural science as are usually taught in the school.

5th. That the third master or usher shall be qualified to teach English reading and writing and arithmetic, and the rudiments of English grammar, history, and geography.

6th. That the head master shall have and exercise a general superintendence and direction over the whole establishment, and shall take especial care that all the boys are regularly instructed in the Church catechism, and that they receive a good religious education suitable to their respective ages, and in strict accordance with the ritual and the doctrines and discipline of the Church of England as now established; and in order thereto, some part of the Holy Scriptures shall be daily read in order, in Greek by those that are able, in Latin by others, and by the lowest in English.

7th. That it shall be the office of the head master to read prayers selected from the Liturgy each morning and afternoon at the opening and closing of the school; and to teach the upper boys the learned languages and the higher branches of mathematics, and such other subjects of education as are usually taught in the school; and he shall have and take under his immediate tuition one-fifth of the scholars, or such greater or less proportionate number thereof, as the Visitors shall, from time to time, order and direct.

8th. That the respective offices of the second master and third master shall be, to give instruction in the school according to the several qualifications before required of them; and they shall, in the discharge of their respective duties, act under the goverance and direction of the head master.

9th. That the head master shall have an annual salary of 150l.; he shall be required to reside in the school-house; he shall have the use thereof and of the garden and offices appurtenant thereto rent-free, upon condition that he do pay all taxes, rates, and assessments, and other out-goings in respect thereof, and keep the same in tenantable repair; and the above salary shall be in addition to any payment which the head master may be entitled to under the will of Dr. Grimbaldson, by reason of his being a Master of Arts, and having been educated at the College of Eton, Westminster, or Winchester.

10th. That the annual salary of the second master shall be 120l., and that of the third master or usher 80l.

11th. That the salaries of the masters shall be paid in the manner following; that is to say, the Drapers' Company shall, out of the income arising from Colborne's Charity, pay to the head master 45l., to the second master 16l. 10s., and to the third master or usher 8l.; and the Trustees of James Barker's Charity shall, out of the income appropriated to purposes of education, pay to the said masters the residue of their respective salaries; and such salaries shall become due and be payable half yearly, at Lady-day and Michaelmas-day in every year; and in case of the death of any master at any intermediate time, his executor shall be entitled to receive and be paid a proportionate part of the salary for the current half-year; and his successor, if appointed within that half-year, shall be entitled only to the residue.

12th. That no master shall receive any perquisites from the parents or guardians of any of the free scholars.

13th. That no master, being a clergyman, shall hold any ecclesiastical office or function requiring him to perform in person weekly parochial duty; and that no master shall take any secular office, or be engaged in any secular business, other than the business of the school.

14th. That there shall be three general meetings in each year of the Visitors of the school for the admission of scholars and the transaction of the business connected therewith; and that such meetings shall be respectively held on the second Monday in January, on Whit Monday, and the second Monday in October.

15th. That it shall be lawful for any three of the Visitors, on any emergent occasion, to summon, by written notice to be served personally on the other Visitors, or left at or sent by the post to their respective places of abode, a special meeting to be held on such day, and for the transaction of such business relating to the school as shall be specified in such notice, which shall be served, or sent by the post, or left as aforesaid, seven days at least previous to such special meeting; but that no other business than that specified in such notice shall be transacted at such special meeting.

16th. That it shall be lawful for the Visitors to adjourn any general or special meeting to any other day, without giving notice of any adjourned meeting.

17th. That no business shall be transacted at any meeting of the Visitors unless three of them, at least, be present; and that all meetings, general and special, original and adjourned, shall be held at the school-house, or at such other convenient place in the vicinity thereof as the Visitors shall, at any previous general meeting, appoint for the purpose.

18th. That a chairman shall be chosen at each meeting by a majority of the Visitors present; and in case of the votes for a chairman being equal, the Visitors shall draw lots for a casting vote, which casting vote shall determine the election of a chairman.

19th. That in case of a difference of opinion, all questions shall be determined by the major part of the Visitors, including the chairman, present at each meeting; and if they are equally divided in opinion, the chairman shall have a casting vote; but, except in case of an equality of votes, the vote of the chairman shall have no more force than that of any of the other Visitors present.

20th. That all boys shall be eligible as free scholars who have been born in any of the several townships of Kirkham, Greenalgh with Thistleton, Little Eccleston with Larbreck, Ribby with Wray Hambleton, Bryning with Kellemergh, Great and Little Singleton, Westby with Plumpton, Warton, Freckleton, Newton with Scales, Clifton with Salurich, Weeton with Presse, Medlar with Wesham, and Treales, Roseacre, and Wharbes.

21st. That it shall be lawful for the Visitors to direct the admission into the school of other boys, whose father or mother is, or has been at the time of his or her death, resident in (although such boys have not been born in) any of the townships aforesaid, upon payment of such quarterly sum, as the Visitors shall direct, in aid of the funds for the sustentation of the school; and such other boys, when so admitted, shall be eligible to exhibitions, and, except as to such payment, shall have all the benefits and privileges of and be considered as free scholars; but the number of such other boys shall be limited from time to time by the Visitors, and shall not be so great as to prevent the admission or to affect the due instruction of boys eligible as free scholars by reason of their having been born in any of the townships aforesaid.

22nd. That no boy shall be admitted to the school except by the order or direction of the Visitors in writing; and all applications for and admissions into the school shall be made at one of the three general meetings afore said.

23rd. That no boy shall be admitted to the school until he has attained the age of seven years, and can read English words of one syllable with facility; and no boy shall be allowed to remain therein after the age of nineteen years, except under the express permission of the Visitors previously granted at one of their general meetings.

24th. That each scholar shall appear in the school clean and neat in his person and apparel.

25th. The head master shall keep a regular and correct register of the age and date of admission of each scholar, and of his time of quitting the school; and make therein such remarks as to his attendance, behaviour, and proficiency during each half-year as may enable the Visitors to form an opinion thereon; and that such register shall be laid before them at each of their general meetings.

26th. That the hours of attendance for the masters and scholars shall be, between the 31st of March and the 1st day of October, in the morning from nine to twelve o'clock, and in the afternoon from two till five o'clock; between the 30th September and the 1st of April, in the morning from nine to twelve o'clock, and in the afternoon from one to four o'clock, except on Sundays, and except on the afternoons of Wednesdays and Saturdays, which shall be allowed as half-holidays.

27th. That there shall be the following vacations in each year: namely, ten days at Easter, commencing at noon the day before Good Friday; five weeks at the time of hay harvest; and three weeks at Christmas; and the commencement of the hay harvest and Christmas holidays shall be fixed, from time to time, by the Visitors at one of the preceding general meetings.

28th. That no master shall absent himself from the school during the prescribed hours of attendance, except for some urgent or unavoidable cause, or by the express permission, in writing, of the Visitors previously obtained; in which the reason for such permission and the time of absence thereby allowed shall be stated.

29th. That no scholar shall absent himself from the school during the prescribed hours of attendance without assigning some good reason for his absence, which shall be satisfactory to the head master, nor (except in case of illness) without his previous permission.

30th. That such books, pens, ink, paper, slates, pencils, and other articles as in the opinion of the Visitors are requisite, and are not provided from other sources, shall be provided for the use of the scholars by the Trustees of Barker's Charity: and the parents or guardians of each boy shall pay such sum for the same, or the use thereof, as the Visitors shall from time to time direct; and shall also pay sixpence on the 1st day of October, and the like sum on the 12th day of January, in each year, for or towards fuel for the use of the school; and all payments under this rule, or Rule 21, shall be made to the second master of the school, or such other person as the Visitors shall direct, who shall account for and pay over the same to the Trustees of Barker's Charity; and the clear balance thereof, after payment of all out-goings, shall be applied by them in aid of the funds for the sustentation of the school.

31st. That the Visitors shall have power to establish a library for the use of the school, and to make such rules for the regulation thereof as they shall think fit; and the Trustees of Barker's Charity, having regard to the suffi ciency of funds in their hands, shall be at liberty to expend such monies, from time to time, as they shall think fit, not exceeding 20l. in any one year, in the purchase of books and other articles for the use of such library; and the parents or guardians of each scholar above the age of twelve years, and receiving any instructions either from the head or second master, shall pay for the use of such library the sum of five shillings at the commencement of each half-year's education; and such payments shall be made to the second master of the school, or such other person as the Visitors shall direct, who shall account for and pay over the same to the Visitors, to be applied by them in the formation and sustentation of such library.

32nd. That the Visitors shall have power to appoint an extra master or masters to give instructions in the French or other modern language to the scholars whose parents or guardians are desirous that they should learn the same, and are willing to pay such extra master or masters such sum per quarter, for instruction therein, as the Visitors shall, from time to time, approve of and allow.

33rd. That the Visitors shall have power to appoint a lecturer in the school on any scientific subject; but such lecturer shall only be appointed with the consent of the Trustees of Barker's Charity, and when they have sufficient funds in their hands for the payment of such lecturer.

34th. That if the parent or guardian of any boy be desirous that he should receive an English education only, or that his classical education should be confined to the learning of the Latin language, he shall signify his desire in writing to the Visitors at one of their general meetings, and the Visitors shall have power to direct and limit the course of education of such boy.

35th. That a competent person, or persons, shall be appointed annually by the Visitors, at their general meeting in January, to examine the scholars in the different subjects of instruction, and more especially as to their knowledge of the fundamental principles of the Christian religion and the doctrines thereof according to the Church of England, and to class them according to their respective merits; and such examination shall take place in the month preceding Whit Monday; and a report in writing of the state of the school shall be made by the examiner or examiners to the Visitors at their general meeting on that day; and a copy of such report shall be transmitted to the Drapers' Company; and that the Trustees of Barker's Charity, having regard to the monies in their hands, shall be at liberty to apply annually such sum as they shall think fit, not exceeding the sum of 20l., in payment of fees to such examiner or examiners.

36th. That the Visitors shall be at liberty to direct prizes, in books or scientific instruments, to be annually distributed among the scholars who have distinguished themselves at the examination.

37th. That a list of the subjects of education of each class, and the names of the boys therein, distinguishing those who have gained prizes, shall be made out by the head master annually, at Whitsuntide, and registered in a book kept for that purpose; and that he shall send a copy of such list, written by one of the boys, to each of the Visitors, and another copy thereof to the Drapers' Company; and cause another copy to be hung up in the schoolroom.

38th. That the head master shall have power to expel any scholar of the school, or to suspend for a limited time his right to attend the same, who shall wilfully transgress the rules and orders of the school, or be guilty of other misconduct; but in case of dispute between the head master and the parent or guardian of such scholar, as to the propriety of such expulsion or suspension, the same shall be submitted to the consideration and decision of the Visitors, who shall have power to order such scholar to be re-admitted, or to make such other order in the matter as they shall think fit.

39th. That the Trustees of Barker's Charity shall have power, having regard to the amount of funds in their hands applicable to the sustentation of the school and the number of scholars therein, to increase from time to time the portion of the salaries of any of the masters payable by them; or, on the appointment of any new master, to diminish the amount thereof; but the salaries of the respective masters shall not be less than the sums aforesaid, unless there be insufficient funds for the payment thereof.

40th. That when the Trustees of Barker's Charity have sufficient funds in their hands for the purpose, they shall allow, for an exhibition or pension to one or more of the free scholars going to the University of Oxford or Cambridge, who shall be elected by the Visitors at one of their general meetings, such annual sum or sums as the trustees shall think fit, not exceeding 80l. for each scholar, which shall be paid to him half yearly, for the space of not more than four years, and the amount thereof shall be fixed previous to his election.

41st. That no scholar shall be eligible to an exhibition who has not been educated at the school at least three years after completing the thirteenth year of his age; and where the merits of the candidates shall be equal, a preference shall always be given, in the first place, to a scholar born in the township of Kirkham; and in the next place, to a scholar born in any of the other townships mentioned in Rule 20. And the Visitors shall have power to deprive any scholar of his exhibition for misconduct, and they shall have power to deprive, and shall deprive, each scholar of his exhibition, who, before he has completed the usual course of education for the degree of Bachelor of Arts or Civil Law, shall, unless in case of illness, or some urgent or unavoidable cause, to be approved of and allowed by the Visitors, be absent from the University, except at the usual times or vacations or absence allowed by the rules of the University and his particular college; and no scholar shall be entitled to any payment in respect of his exhibition until he has satisfied the Trustees of Barker's Charity, by the certificate of the tutor of his college, or other satisfactory evidence, that he has complied with the directions of this rule as to residence in the University.

42nd. That the head master shall be allowed to take boarders, for the purpose of education in the school, provided such boarders do not exceed ten in number; or such greater or less number as the Visitors shall, from time to time, order and direct, and provided that the taking thereof do not occasion any neglect, improper treatment of, or prejudice to the free scholars; and no preference or distinction be shown or made in the mode of their classification or instruction; and the rule aforesaid relating to perquisites shall not, as regards the head master, be applicable to boarders; and that no boarder shall be eligible to an exhibition unless by reason of his having been born in any of the several townships aforesaid, unless by reason of the residence of either of his parents he shall be eligible, or admissible into the School.

43rd. That a minute in writing shall be made of all orders and directions of the Visitors touching the school; and that the same shall be registered in a book kept for the purpose.

In Chancery.

The Attorney General v. the Drapers' Company.

Howell's Charity. The Judgment.

3rd May, 1843.

Lord Langdale, Master of the Rolls.

The information in this case is filed for the purpose of establishing a Charity under the Will of a person of the name of Howell; and he founded that Charity in the words I am about to read: "I command my executors immediately after my death to send to the city of London 12,000 ducats of gold, to be delivered to the house named Drapers' Hall and the Wardens thereof. The said Wardens to have in charge that, as soon as they should receive the same, they should forthwith buy for the same house 400 ducats of rent yearly, for evermore, in possession for evermore; and it is my will, that the said 400 ducats be disposed unto four maidens, being orphans next of my kin and of blood, to their marriage, if they can be found, every one of them to have 100 ducats; and if they cannot be found of my lineage, then to be given to other four maidens, though that they be not of my lineage, so that they be orphans honest and of good fame, and every of them 100 ducats; and so every year for to marry four maidens for ever. And if the said 12,000 ducats will buy more land, then the said 400 ducats to be spent to the marriage of maidens being orphans, increasing the four maidens aforesaid, as shall seem by the discretion aforesaid of the Master and Wardens of the said house of Drapers' Hall; and that this memoria to remain in writing in the Book of Memoryes in the said house, in such manner as it shall at no time be undone for ever."

Now the only observation necessary to make upon this Will at present is, that it is perfectly clear, upon the face of it, that no beneficial interest whatever was given to the Company. It is perfectly clear, from the clause which I have read, in terms, that the Testator intended the whole rent, to be derived from the land which was to be purchased, to be applied to the purposes herein indicated.

It appears that the executors of the Testator did not transmit the whole sum which they were commanded to transmit; that they transmitted a smaller sum, and with that smaller sum lands were bought from the crown.

On the occasion of that purchase a grant was made by the crown, "In consideration of which premises before by our said Sovereign Lord the King, by these presents bargained and sold as is aforesaid, the Master and Enfeoffees and Brethren of the said Guild or Fraternity, for them or their successors, covenant, promise," and so on, that they will make the payment therein required. That is the first, and then, besides, "and also the said Master and Enfeoffees and Brethren, in further recompense and satisfaction of the said messuage" and so on conveyed to them, "are contented and agreed, and by these present Indentures, for them and their successors, covenant, promise and grant to and with our said Sovereign Lord the King, his heirs and successors, that they, the said Master and Enfeoffees and Brethren, and their successors, or one of them, or their assigns, shall and will yearly hereafter give, distribute, and dispose the rents, revenues, sums of money, issues, and profits which, at any time hereafter shall clearly come, accrue, arise, or grow of or in the said messuage, gardens, and other the premises with their appurtenances, purchased from the King as aforesaid, (over and above all due charges, and such sums of money; and other costs and charges which hereafter shall be bestowed or spent in or about the reparations of the same premises, or any parcel thereof,) to and for the marriage of poor maidens, being orphans, at the discretion of the Master and Enfeoffees of the said Guild or Fraternity."

So that, when they procured this grant from the crown, they as plainly as possible stated here that the rents of the lands which were conveyed to them should be rents to be applied to this particular purpose;—this particular purpose being, to apply the funds to the marriage of four of the Testator's kindred—four maidens.

A difficulty plainly arose with respect to the ascertainment of the individuals who were entitled to the benefit of the Charity; and, moreover, it appeared that the funds at that time were not sufficient to answer fully the intent of the Founder. The whole sum not being transmitted, the whole rent did not appear to be sufficient to pay for the reparations, and also to provide the portions which were intended. There is indeed some ambiguity upon that subject, in consequence of the exact value of the ducat of gold not being stated, but I think such is the inference which, naturally, and almost necessarily, is to be made from the circumstance here stated.

In consequence of the difficulty which arose, some persons who claimed to be entitled to the benefit of this Endowment filed their Bill for the purpose of having their claims established; complaining of the expense to which they had been put, and desiring that they might have the benefit of this Charity. The complaint which was made by them as to the difficulty of ascertaining who were the persons entitled was also a complaint made by the defendants, the Drapers' Company, at that time. They also alleged that there was a difficulty in the mode of ascertaining who the persons were who were entitled to the benefit of the Charity; but in their answer they add a passage which has been referred to several times, and which is undoubtedly of the utmost importance in this case, not only for the purpose of knowing what was their view of the uses to which they should apply the gift which they accepted, but also for the purpose of ascertaining what were the questions which arose in the case; and of importance therefore for the purpose of aiding in determining what was decided by the Court in a case where it is argued on the one side, in the absence of specific words, that the decision was to a particular effect, and where it is argued on the other side that it was not so. It is also of some importance to ascertain in what way the gift was accepted. There have been instances in which the Court has held that you may infer from contemporaneous transactions what was the trust assumed by the persons who accepted a gift. No doubt, generally speaking, the gift must be accepted according to the intention of the giver, as declared at the time; but where the object is to make a corporation account, particularly such a corporation as a college like Catherine Hall, where Lord Eldon expressly referred to it as not being under any obligation whatever to accept an increase of endowment, they may accept an increase with certain qualifications which the Court may collect from the transactions that took place at the time, whether those transactions are established by documents that existed at the time, or proved by a constant course of conduct adopted at the time, and persevered in downwards: this is not a case precisely of that sort, but here we have, (as we have not in very many cases,) the defendants in this case declaring by their answer, that they always intended, and still do intend, God willing, as near as they can, to perform the said Will and Testament of the said Thomas Howell, with as much of the rents of the premises as shall come clearly to their hands, over and above all charges, if they were ascertained, or hereafter shall be ascertained, what maidens or orphans of his kin or lineage ought, of right, to have the same legacies according unto his Will, which, hitherto, they cannot perfectly attain to know.

So that nothing can be more clear than this, that the difficulty was to obtain a rule by which they should ascertain from time to time who were the persons entitled to claim the benefit of this endowment; it being stated by the defendants that they were willing and intended to apply so much of the rents from the premises as should come clearly to their hands.

Now we are to observe that, at this time, the rents do not appear to have been equal to answer the full purpose of the Founder; as I have stated before, the rents at that time were 105l. (fn. 4) The decree adopts a rule by which it was hoped (that hope did not turn out to be quite successful), but it adopted a rule by which it was hoped they should be able, at all times, to ascertain who were the parties entitled to the benefit of this Charity, having regard to the amount of the rent at that time, and approves of a scheme by which the whole was disposed of. It gives 21l. for the reparation of and maintaining the property, and 84l. for the portions which are to be given to the poor maidens who are entitled to the benefit of the Charity. Upon this occasion it is to be observed that nothing whatever is reserved to the Company. If the Company were entitled to any benefit or had been supposed by the Court to be entitled to a beneficial interest in the rent, surely it would not have been very just to abandon and neglect, altogether, such interest. There is no such declaration made, nor could the declaration be made, because the Company had stated in their answer that they were willing to apply all that clearly came to their hands. This decree being made, I say clearly, with reference to the rents then received, because it exhausted the whole and no more, it certainly might be looked for that it would have some consideration to such increase or decrease as might reasonably, for some purposes, occur: it provided this, and directed the sums to be paid out of the rents, not directing the Company to pay without regard to the rents, but the sums to be paid were to be paid out of the rents. Well, then, if there were to be a decrease from a particular cause, namely, destruction by fire, provision was made for that, but still no direction is contained that in every other event, nor is it to be collected from the direction to pay out of the rent, that in every other event, the decrease is to be made good by a payment by the Company out of their own pockets—no, they were to apply these sums out of the rents.

Then there might be an increase by the improvement of the rents of those estates which were already purchased; there might be an increase by the new purchases to be made by so much of the money as had not been transmitted by the executors of the Founder; and in both those cases a provision was made for the increase to the extent which is here mentioned, that is, to the extent of 16l., to be added to the 84l.—to that extent there was to be an increase. In either of those cases the increase was to be 16l. That increase would make four sums of 25l.; 84l. and 16l. made it 100l.; and four times 25l. made 100l.: 25l. for each maiden entitled to the benefit of this Charity. Now, without having arithmetical demonstration of it, I feel so strongly persuaded that what was meant here was to have the increase up to that sum which the Testator himself had intended to be the endowment to be given to these poor maidens, that I do not feel I can entertain a reasonable doubt upon the subject. I believe this decree had in view the sum which was limited by the Founder, and, with that view, provided for an increase to that extent; and you have not one word as to any surplus that might probably arise.

Here, then, it is the rental, the income actually bought, which was required for the purpose of answering the Will; the defendants stating in their answer that they were willing and desirous to apply everything that clearly came to their hands—that came to their hands clearly for the purposes of this Will, which provided for more than these 400 ducats—they were willing to apply that. There was occasion at that time to apply that which they had; and there was reasonable occasion to look forward to an increase which would make the fund sufficient to answer that which the Testator specifically intended. There was an offer by the defendants to apply everything; and in that state of things the Court was silent, and did not proceed any further; and the question is, whether I am to collect from that decree, that the Court declared by implication (an express declaration is not found or contended for in any way); but whether it is to be considered that the Court by implication declared, because it had not disposed of the surplus to an extent greater than this 16l., that therefore the rest was to be applied for the benefit of the Company; I confess I am totally unable to follow the reasoning by which that is attempted to be made out. If it had been intended, there ought to have been a declaration; and there could not have been that declaration, because it would have been contrary to the offer of the Company. The question clearly never did arise or could arise in the pleadings in that case; and I am very clearly of opinion that this decree does not by anticipation decide the question which is brought before me to-day; and that I must look at these documents, and see whether, according to the rules of construction which have been adopted in this Court, where funds are given to a Charity with a direction to apply them all to the purposes of the Charity in a manner to exclude all notion of a beneficial interest being vested in the Trustees; I am, in this case, to consider that the Trustees have a right to apply all the funds, beyond that which was directed by this decree, to their own benefit. I consider that I cannot do so; but that I must, on the contrary, make an opposite declaration.

Now nothing can be more satisfactory in an investigation of this kind than to find that there is no possibility for any imputation of bad or corrupt conduct on the part of the defendants. The present defendants, beyond all question, have applied this fund just in the manner in which it has been applied by their predecessors: in all probability they never looked at the original foundation at all; but instead of applying it to any beneficial purposes of their own, it is now shown by the evidence, and by their answer, and it is admitted by the Attorney-General, that they have applied these funds not to their own benefit, but in a most beneficial manner for the most useful charitable purposes; and one may entertain very great doubts whether extending the charitable purposes of the Founder will be productive of effects anything like so beneficial as the charitable purposes promoted by the defendants: but with that I have clearly no concern at all; I have nothing to do but to consider the instruments as they are brought before me, and declare the rights in the way in which I understand them. It is another consideration whether extending these premiums to the marriage of young women in Wales is likely to be more beneficial in the way of charity than the way in which the Company have bestowed it.

Now with respect to the time from which the account is to be directed, certainly it is quite satisfactory to me to find that the Attorney-General confines himself to the filing of the Bill; and the account, therefore, must be directed from that time alone: and, I may say this, that if it had been pressed otherwise, I think I must have come to that conclusion. I think I could not, with any justice, have charged this Company with applying to its own purposes any of those funds. Every case depends upon its own circumstances: there are cases in which the account has been taken from the time when the information was given from the publication of the Report of the Commissioners of Charity; other cases in which it has been from the time of filing the Bill; and others from the date of the decree. Those three periods of time have, according to the various circumstances of each case, been adopted; but I think that which is now proposed by the Solicitor-General, on behalf of the Attorney-General, is what is quite right to be done in this case.

With respect to the costs, the Company have thought fit to have this question tried, they have thought fit to have it tried in order that they might have the application of this money according to their own view of what was right. I have not the least doubt that if the costs are asked against the Company by the Attorney-General, he must have them.

Therefore, I think there must be a declaration that all this income is applicable to the purposes of the Testator's Will. The account must be taken from the filing of the information, and the costs must be paid by the defendants.

Mr. Pemberton Leigh.—There must be a scheme.

Lord Langdale.—I suppose you would wish it to be referred to the Master to approve of a scheme?

Mr. Pemberton Leigh.—Yes, my Lord, it will be necessary in taking the account to direct that the Master shall charge a certain rent for the Hall.

Lord Langdale.—He will set a value upon the Hall, and take an occupation rent.

Mr. Pemberton Leigh.—No, my Lord, he cannot charge them with the value, they have built it with their own money, but he will charge them with an occupation rent.

Lord Langdale.—Yes.

Attorney-General v. Drapers' Company. Howell's Charity.

Scheme for the Extension of the Charity founded by Thomas Howell, to the establishment and maintenance of Schools in Wales for the instruction of girls, and the maintaining, clothing, and providing portions for orphan inmates; and for the management and administration of the estates and revenues belonging to the said Charity; approved by the High Court or Chancery, 23rd March 1853.

Contents.

ClausePage
1.Company to keep a separate Account of Receipts and Payments13
2.Power to let, sell, or exchange Charity Estates13
3.Surplus Income to be invested13
4.How Sanction of the Court to be obtained13
5.Property to be kept in repair and insured13
6.Allowance for Management13
7.Abstract of Accounts to be deposited in Record and Writ Clerk's Office13
8.Application of Income13
9.Company to purchase Sites for Schools13
10.Schools to be built13
11.Local Governors13
12.Qualification13
13.Governors to sign a consent13
14.Monthly Meetings13
15.Five to form a Quorum13
16.Minute Book14
17.Report to be made to the Company14
18.Clerk to the Governors may be appointed14
19.Schools to be subject to Visitation14
20.House Steward to be appointed. His wife to act as Under Housekeeper. Committee to report upon Condition of Establishment. Accounts to be made up annually14
21.Chief Matron and Assistants to be appointed for each School14
22.Stipend to Matron and Assistants14
23.First appointment of the Matron14
24.After first appointment, Company to appoint Matron and Assistants14
25.Retiring Allowance for Matrons and Assistants14
26.Notice of Vacancies to be published14
27.Mode of appointment14
28.Matron to have the Superintendence of Sehool, &c.14
29.And to reside on the Premises14
30.Examiners may be appointed14
31.Qualification of Examiner14
32.Duties of Examiner14
33.Orphan Inmates to be received into Schools14
34.Pay Borders15
35.Allowance for the Maintenance of Orphans15
36.Surgeons to be appointed15
37.Governors to obtain Church Accommodation15
38.Payment of Salaries and Expenses15
39.Company to purchase Clothing15
40.Day Scholars15
41.Payments by Day Scholars15
42.Account of Entrance Fees to be kept. Application thereof15
43.Application of other Monies15
44.Course of Instruction15
45.Prayers to be read in Schools. Same to be open to Children of all Religious Denominations15
46.Needlework, &c. to be taught15
47.Hours of Attendance15
48.Day Boarders15
49.Library Books15
50.Annual Examination15
51.Notice thereof15
52.Prizes to be distributed15
53.Value of Prizes16
54.Age of Admission and Continuance in the Schools16
55.A Portion and Endowment Fund to be established16
56.Ladies may visit Schools16
57.Visitation of the Drapers' Company16
58.Surplus Income16
59.Scheme to be printed16

Scheme.

Company to keep a separate Account of Receipts and Payments.

1. That the Drapers' Company, as Trustees of the Charity, shall keep a separate account of the property and income of the Charity, and of the expenditure thereof; and shall annually make up such account and audit the same before a Court of the Company.

Power to let, sell, or exchange Charity Estates.

2. That the said Company shall, with the approbation of the Court of Chancery, grant or contract for the grant of any building, improving or other leases, for any term or number of years, of all or any part of the lands, estates, and property for the time being belonging to or held in trust for the said Charity, and also sell, convey, or exchange, or contract for the sale, conveyance, or exchange of all or any part of the same lands, estates, and property, for such price or prices, upon such terms and conditions, and with, under, and subject to such powers and provisions and in such manner respectively as the said Court of Chancery shall from time to time by its order authorise or direct; and for the purposes aforesaid, or any of them, and also for the improvement or better management of the said Charity estates or any of them, make and execute all or any such deeds, leases, and conveyances, and accept all or any such surrenders, and make and enter into all such contracts and arrangements, and do all such acts, matters, and things whatsoever as the Court of Chancery shall in manner aforesaid authorise or direct.

Surplus Income to be invested.

3. That the Company shall from time to time, with the sanction and approbation of the Court, lay out and invest the surplus rents, profits, and income of the Charity estates and property, and all or any monies arising from any sale or exchange of the Charity estates and property, or any part thereof, and all or any other monies for the time being belonging to the Charity, in the purchase of lands or hereditaments, or Government or real securities; and that from time to time, when and as often as any such purchase or investment shall be made as aforesaid, the lands and securities respectively so to be purchased or obtained shall be conveyed or transferred unto or otherwise vested in the Company, their successors and assigns, upon trust for the benefit of the said Charity, as the Court of Chancery may from time to time direct.

How sanction of the Court to be obtained.

4. That the sanction of the Court of Chancery for the exercise of any of the powers contained in this Scheme, for the exercise whereof the sanction of the Court is required, shall be obtained by leaving with the Chief Clerk of the Master of the Rolls, without any special order previously obtained for that purpose, a proposal in writing relative thereto; but that no proceedings shall be taken on such proposal unless the Attorney-General shall have been served with a summons in due course according to the practice of the Court to appear on such proceedings, and the Attorney-General shall also be at liberty in like manner to lay any proposal touching the matters of this Scheme before the said Chief Clerk.

Property to be kept in repair and insured.

5. That the said Company shall keep the property belonging to the Charity in good and sufficient repair, and shall also keep the same insured from fire, unless the lessees or tenants thereof shall be by covenant bound to repair and insure the premises, in which case the said Company shall-see that they keep such covenants.

Allowance for Management.

6. That there shall be allowed to the Clerk of the Company, or to such other person as the Company shall in that behalf appoint, for the expenses of the Charity and property thereof, 5l. per cent. on the income arising therefrom, such poundage to include all expenses of collection.

Abstract of Accounts to be deposited in Record and Writ Clerk's Office.

7. That the said Company shall in every third year, on the 1st day of June in such third year, or on some day within ten days thereof, make up and deposit with the Record and Writ Clerk in whose division the said cause of "Attorney-General v. Drapers' Company" is, a summary account of the income of the Charity, and the expenditure for the preceding three years.

Application of Income.

8. That the clear annual income of the Charity shall be applied in the maintenance of Schools in Wales for the instruction of Girls, and in maintaining, clothing, and providing portions for Orphan Inmates educated in snch Schools, and in keeping up the Establishment hereinafter provided. That the word "Orphan" used in this Scheme shall be taken as meaning any Girl whose father or mother shall be dead; but in case of Candidates being in other respects equally objects of the Charity, those who have lost both parents shall be preferred; and in carrying out this Scheme the whole of the Diocese of Llandaff shall be deemed to be in Wales, and preference shall be given to that Diocese, both as to the priority and size of the foundation to be established and maintained therein. and that not more than one School shall be established and maintained from the proceeds of the said Charity beyond the limits of that Diocese.

Company to purchase Sites for Schools.

9. That the said Company shall purchase out of the funds of the said Charity ten acres of land, or such other quantity as may be deemed necessary by the Court, in the neighbourhood of Cardiff, being within the present limits of the Diocese of Llandaff, and also ten acres, or such other quantity as in like manner may be deemed necessary in or in the neighbourhood of Denbigh, as sites for such Schools and the buildings to be attached thereto respectively; such sites to be previously approved of and such purchases to be made with the approbation of the Court.

Schools to be built.

10. That the said Company shall expend such sum as shall be approved of by the Court in the erection of Schools and premises, with suitable residences for the Orphans, Matrons, and Assistants, and other inmates and scholars, on the sites which may be so approved of, and which shall be purchased as aforesaid; such erections to be made and the said grounds to be laid out according to a Plan or Scheme or Plans or Schemes to be approved of by the Court.

Local Governors.

11. That, for the purpose of a due and efficient management of the said Schools, each School shall be under the superintendence of fifteen Governors, resident within fourteen miles of the place where the School of which they respectively shall be Governors shall be situate, and which Governors shall in the first instance be appointed by the Court; and the vacancies in the number hereby fixed shall, after the first appointment of Governors, be filled up by the Drapers' Company; and the Bishop of the diocese in which any of the Schools shall be established shall be ex officio a Governor of such School.

Qualification.

12. That no person shall be appointed or continue Governor who shall not be resident within fourteen miles, as herein-before stated, and who shall not be rated to the relief of the poor upon a rental of 30l., or who shall be or become bankrupt, or take the benefit of any Act for the relief of insolvent debtors.

Governors to sign a consent.

13. That every person appointed a Governor shall, previously to his acting as such, sign a paper expressing his willingness to act as Governor, and perform the duties of a Governor according to the rules hereby laid down.

Monthly Meetings.

14. That the Governors of the said School respectively shall hold Monthly Meetings, which shall be held the first Saturday in every month in the School premises, and shall at such Meetings examine the monthly accounts of the House Steward, and receive applications for admission to the School, and shall admit as scholars such girls as they shall see fit, over and above the Orphans to be maintained in the Schools.

Five to form a Quorum.

15. That at every Meeting any five of the Governors of either of the said Schools respectively shall form a quorum, who, previously to proceeding on the business of any Meeting, shall elect a Chairman from amongst the Governors present, who, in case of an equality of votes, shall have a double or casting vote; and when the Bishop of the diocese in which any of the said Schools shall be established shall be present at a meeting of the Governors of such School he shall be the Chairman thereof.

Minute Book.

16. That each set of Governors shall keep a Minute Book, in which shall be entered minutes of the proceedings at every meeting; and such minutes shall be signed by the Chairman of the meeting.

Report to made to the Company.

17. That the Governors of each School shall annually transmit a Report of the state and condition of the School to the Drapers' Company, accompanied by such observations as they may think proper.

Clerk to the Governors may be appointed.

18. That each set of Governors shall be at liberty to appoint a Clerk to keep their accounts, enter the minutes of their proceedings, and perform such other duties as may be required by them as such Governors; and the salary of such Clerk shall be such as the Governors think fit to allow, not exceeding 20l. per annum for each clerk; and such salary shall be paid by the said Company out of the income of the Charity property.

Schools to be subject to Visitation.

19. That each of the said Schools shall be open to the visitation of an Inspector of the Committee of Council for Education, and the said Committee shall be requested to permit an Inspector periodically to visit the Schools, and be present at the annual examinations, and shall be requested to report to the said Company upon the nature and course of instruction, the progress made by the pupils, and the general state and condition of the Schools, with such suggestions for improvement as he may consider proper; a copy of which Report shall be transmitted to the local Governors.

House Steward to be appointed.; His Wife to act as Under Housekeeper.; Committee to report upon Condition of Establishment.; Accounts to be made up Annually.

20. That a House Steward shall be appointed by, and hold his office during the pleasure of, the local Governors; and such House Steward shall reside in the house, and shall, under the directions of the local Governors, hire and employ such servants as shall be necessary for the establishment, keep the accounts, and examine and defray the household bills and other expenses. And the said House Steward shall (besides his board and lodging) have a fixed yearly stipend, not exceeding 60l.; and the wife of the House Steward (if any) may, in the character of a Housekeeper, render such services in the domestic management of the establishment as the Matron may from time to time require; and she shall receive for such services such remuneration as the Governors may from time to time direct. And the chief Matron or Governess shall (subject to such general directions and regulations as the local Governors shall in that behalf give and make) have and exercise the general control and supervision over the establishment and the arrangements thereof; and the House Steward and Housekeeper shall in all respects be subordinate and obedient to the Chief Matron or Governess, whose duty it shall be to see that proper order is observed, and that the wants of the Orphans and other inmates are well and sufficiently provided for. And the local Governors shall appoint a Committee of their body to assist the chief Matron or Governors with respect to such supervision; and such Committee shall at least once a year report on the state and condition of the establishment, the management and domestic arrangements, and the mode in which the Orphans and other inmates are provided for, and the state of the furniture and other property of the establishment. And the local Governors shall make arrangements for the payment of the household bills of the establishment without delay or credit; and they shall cause the accounts of the income and expenditure of the establishment to be made up yearly, and in time for the Annual Meeting of the local Governors; and the local Governors, after taking into account the annual expenditure for board and maintenance, shall from time to time fix the sum to be required in respect of each pay Boarder.

Chief Matron and Assistants to be appointed for each School.

21. That there shall be a chief Matron or Governess, and so many paid Assistants in each School as the said Governors may deem necessary; and such Matrons and Assistants shall be maintained out of the funds of the Charity.

Stipend to Matron and Assistants.

22. That the chief Matron shall be allowed a stipend of 100l., and each assistant 40l., and that the chief Matron and Assistants, before their respective appointments shall take place, shall sign the following declaration:—"I, A.B., do solemnly and sincerely declare that I am a member of the Church of England and Ireland as by law established."

First appointment of the Matron.

23. That the first appointment of the chief Matron shall be made by the Court.

After first appointment, Company to appoint Matron and Assistants.

24. That the chief Matron, after the first appointment of Matron, and also the Assistants, shall be appointed by the Drapers' Company; and it shall be lawful for the said Company to displace any Matron and any of the Assistants, upon any just cause, upon giving three months' notice thereof to the person intended to be removed; but no such removal shall take place unless the Governors of the School from which such person may be removed, or the nspector of the Committee of Council on Education, shall have reported to the said Company that such removal is necessary.

Retiring Allowance for Matrons and Assistants.

25. That the said Company shall be at liberty, upon the recommendation of the Governors of the School from which any Matron or Assistant may be removed, to make to the person so removed such allowance, either annually or otherwise, as the said Company may think fit, and from time to time, on such recommendation as aforesaid, to alter, increase, diminish, or discontinue such allowance; provided that such retiring allowance be made only to persons who shall have filled the office of Matron or Assistant for a period of ten years, or who shall have been first an Assistant and afterwards a Matron for periods amounting together to fifteen years, except in cases of illness or other special circumstances, to be certified by the Governors; provided also that no retiring allowance shall in any case exceed 30l. per annum, and that the total aggregate amount of such allowances shall never at any time exceed 80l. per annum.

Notice of Vacancies to be published.

26. That whenever a vacancy shall occur in the office of Matron or Assistant in either of the said Schools, notice thereof shall be given by Advertisement twice at least in two London and two local newspapers circulating in the neighbourhood of the School wherein such vacancy shall have arisen, which notice shall state the particular office which may be vacant, with such description thereof, and of the qualifications required for the fulfilment of the duties thereof, as may enable candidates to apply for the same; and the last of such notices shall be published fourteen days at the least before the day appointed for the election; and that all such candidates shall by such notice be required, within the time to be thereby limited, to forward testimonials to the Clerk of the Drapers' Company, who shall render such parties as shall apply to him necessary information concerning the office so become vacant.

Mode of appointment.

27. That the testimonials of every Candidate for such office shall be read and be taken into consideration at a Court of the Company, who, after a careful inquiry as to merits of the respective Candidates, shall appoint such person as they may consider most competent to perform the duties of such office.

Matron to have the Superintendence of School, &c.

28. That each Matron shall have the care, superintendence, and direction of the School to which she shall be appointed, and of the inmates of the Establishment, and shall devote her exclusive attention to the same, and shall, to the utmost of her ability, train the girls committed to her charge in piety and virtue, according to the principles of the Christian religion.

And to reside on the Premises.

29. That the Matron and Assistant shall reside in the School premises, and shall have separate apartments.

Examiners may be appointed.

30. That it shall be lawful for the Drapers' Company to appoint for each of the said Schools, during their pleasure, an Examiner to assist in the religious and moral education of the girls, and to allow him a stipend, not exceeding 50l. per annum; but no such appointment to be made without the sanction of the Bishop of the Diocese in which the School is situate.

Qualification of Examiner.

31. That the Examiner shall be a married man or widower, a clergyman of the Church of England in priest's orders.

Duties of Examiner.

32. That such Examiner shall attend at the School on two days at the least in every week, unless prevented by illness or other good cause, to be approved by the Governors, and shall examine the girls as to their general proficiency, and assist in their religious and moral culture, and that he shall report in writing to the Governors once in every three months as to their state and condition, and that copies of such Report shall be forwarded by the Governors to the Drapers' Company.

Orphan Inmates to be received into Schools.

33. That there shall be received into the School to be established within the Diocese of Llandaff thirty Orphan Girls, and into the School to be established at Denbigh twenty-five Orphan Girls, as inmates on the foundations respectively, or such lesser number as may require admission thereto; and such Orphans shall be nominated by the Drapers' Company to the said Schools, from Candidates recommended by the local Governors; and the said Company shall act as Guardians to such Orphan Girls during the period they remain at School; but if at any time any Orphan Maidens who shall be certified by the Bishop of Llandaff to be of the blood of Thomas Howell, the Founder, shall apply to be admitted into the said School, such person shall be preferred to all others, and shall be nomi nated accordingly.

Pay of Boarders.

34. That the local Governors for the time being shall be at liberty to admit to the benefit of each School so many Boarders as they shall from time to time think proper, not exceeding Thirty respectively, who shall be subject to the same regulations in all respects as the Orphan inmates on the Foundation, so far as the same will apply. But such Boarders are not to receive any benefit from the Charity, except their Education, and are to pay, by quarterly payments in advance, such annual sum for their board as the Governors shall from time to time think sufficient to cover the expense of their board, washing, and maintenance.

Allowance for the Maintenance of Orphans.

35. That the said Orphans on the Foundation shall reside in the house attached to the School, and shall be provided with food and raiment out of the income of the Charity, and there shall be allowed thereout such sum as shall be found necessary for the maintenance of each of such Orphans.

Surgeons to be appointed.

36. That the said Company shall appoint a Surgeon to attend the inmates of each of the said establishments, who shall be allowed such sum of money for medicines and attendances, not exceeding 20l. per annum for each Surgeon respectively, as the local Governors shall think proper.

Governors to obtain Church Accommodation.

37. That the inmates of the School, with such of the other girls attending the Schools as shall attend for that purpose, shall regularly attend Divine Service every Lord's Day in the Parish Church, or some other convenient Church or Churches; and the Governors of the said Schools (if they shall find it necessary) shall be at liberty to obtain and pay for proper Church accommodation for the inmates of the said Establishments: provided that no girl whose parents or guardians, from conscientious scruples to be duly notified in writing to the Governors, shall object to the attendance of such girl at Church, shall be required to attend; and provided also, that the Governors may, on good cause to be shown to their satisfaction, dispense with such attendance in any particular cases, if they shall think fit.

Payment of Salaries and Expenses.

38. That the several Salaries of the Matrons and Assistants, and of the Examiners, Surgeons, and other Officers appointed to the Schools, shall be paid quarterly by the Governors of the respective Schools, who shall also advance monthly to the House Steward the necessary funds to purchase all provisions, fuel, and other necessaries supplied for the support and maintenance of the girls and other inmates in the said Schools respectively, out of the monies to be furnished to them by the said Company for the purpose; and the said Company shall, out of the income of the said Charity, from time to time provide and pay to the said Governors of the said respective Schools the necessary funds and monies for making the said several advances and payments.

Company to purchase Clothing.

39. That the said Drapers' Company shall annually purchase suitable materials for clothing the said orphans on the foundations, which shall be made up in the Schools.

Day Scholars.

40. That such number of girls shall be received for education, as day scholars, into the said Schools, as the Governors for each School shall from time to time fix; and such girls shall be admitted with the approbation of the said Governors; and the said Governors shall have power to expel from the School of which they are Governors any girl guilty of repeated acts of gross misconduct.

Payments by Day Scholars.

41. That there shall be paid by every girl, not being an orphan, on her admission to either of the said Schools as a day scholar, such sum as the Governors of each School shall from time to time, by a rule or regulation to be made by them for that purpose, fix, not exceeding the sum of Ten Shillings, as an entrance fee; and such sum, not being less than Twopence or more than Sixpence per week, as the Governors of each School shall from time to time, by any general rule or regulation, fix; such payments to be made either quarterly or weekly, in advance, as the Governors shall think fit; and the said Governors may prescribe different rates of payment, with reference to the ages of the pupils, and may, in the case of any Orphan, remit the entrance fee and charge for education; but in all other respects the payments shall be uniform for all pupils attending the same School at the same time.

Account of Entrance Fees to be kept.; Application thereof.

42. That the House Steward shall receive all such payments, and shall keep an account thereof, with a separate account of the entrance fees, and shall account for and pay the same once in every month to the Clerk of the Governors; and the monies arising from such entrance fees shall be applied in the purchase of books, slates, and stationery for the girl in respect of whom the same shall have been paid.

Application of other Monies.

43. That the said monies received from quarterly or weekly payments shall be distributed as follows, that is to say, one-third part thereof shall be laid out and expended in the purchase of suitable books for the Library of the School in respect of which such payments shall have been made; one other third part thereof in the purchase of prizes for distribution after the Annual Examination herein-after mentioned; and the remaining third part shall be equally divided between the Chief Matron of such School and her Assistants.

Course of Instruction.

44. That there shall be taught in the Schools the principles of the Christian religion, reading, writing, arithmetic, English grammar, geography, biography, history, the elements of astronomy, garden botany, music, French, and drawing, and such other subjects as the Governors shall from time to time direct.

Prayers to be read in Schools.; Same to be open to Children all Religious Denominations.

45. That suitable prayers, taken from the Liturgy of the Church of England, shall be read by the Matron or by the Examiner when he shall be present, and accompanied by the reading of a suitable portion of the Holy Scriptures, every morning and evening, in the said Schools; and the Matron and Examiner shall take care that each child (except as herein-after provided for) be well versed in the Church Catechism. But the said Schools and Establishments shall be open to female children of parents of all religious tenets, and no child shall be required to learn the Catechism of the Church of England, in case her parents or next friends shall express in writing to the Governors their objections, on conscientious grounds, to her doing so, and in all other respects the religious scruples of the parents and guardians shall be respected.

Needlework &c. to be taught.

46. That every girl shall be taught needlework, and to cut out and make up her own clothes, and get up fine linen, either separately or in classes, as the Chief Matron may direct; and such of the girls on the Foundation as the Chief Matron shall appoint shall be taught domestic cookery.

Hours of Attendance.

47. That the hours of attendance and discipline in the Schools, and the internal regulations and management thereof, and the holidays to be allowed, shall be such as the respective Chief Matrons, with the approbation of the Governors for each of the said Schools, shall direct and appoint; but two afternoons in every week, one of which shall be Saturday afternoon, shall be a holiday.

Day Boarders.

48. That the parents or next friends of the children may agree with the Chief Matron of either of the Schools to receive their children as day boarders, and shall pay for such board to the Governors such sum of money as the Governors shall agree to, such sum not to exceed the average cost of board of the Orphans on the Foundation and other inmates in the said School; and while they remain in the said School the said day boarders shall be in all respects on the same footing as the other day scholars in the said School, but the number so admitted shall not exceed such limit as the Governors shall by any general regulation prescribe.

Library Books.

49. That the girls of the Schools shall be allowed, with the approbation of the chief Matron or one of the Assistants of such School (subject to such regulations for the return thereof as the Governors shall think fit to direct), to take home any books, not exceeding one at a time, from the Library of the School at which such girl shall be attending.

Annual Examination.

50. That there shall be an annual examination of the girls at each of the Schools, which shall take place before the Midsummer holidays, on such days as shall be fixed by the Chief Matrons and Governors, such examination to take place in the presence of the chief Matron and her Assistants and the Governors, and such persons as they may choose to invite, and the parents or next friends of the children.

Notice thereof.

51. That one month's previous notice of such examination in either of the said Schools shall be sent to the Drapers' Company, who shall communicate the same to the Committee of Council on Education, and shall request the said Committee to send an inspector to attend the said examination as herein-before directed; and notice shall also be sent to the Bishop of the Diocese in which such school shall be situate inviting his presence, or that of the diocesan inspector authorised by him.

Prizes to be distributed.

52. That the chief Matron and Governors of each School shall distribute such and so many prizes, consisting of either dress, books, or other appropriate and useful presents, to and amongst such meritorious girls attending the said School as shall distinguish themselves in learning and good conduct, and who, in the judgment of the chief Matron and Governors, are deserving of the same.

53. That no single prize shall exceed 2l. in value, and the expenses of providing the same shall be defrayed out of the prize fund herein-before set apart for such purpose.

54. That no girl shall be admitted as inmate to either of the said Schools before she shall be seven years of age; nor shall any girl be admitted upon the Foundation after she shall be twelve years of age; and no girl shall be admitted as a day scholar under the age of five years. And (unless under the authority of a Minute of the Governors) no girl shall continue in either of the said Schools after she shall have attained the age of seventeen years, unless she be an orphan, but orphans may remain until they are eighteen years of age.

55.That the Drapers' Company shall, out of the income of the Charity, set apart a fund, to be called "The Portion and Endowment Fund," which Fund shall always be kept up to the amount of 500l., and shall, as far as may be, be invested at interest; and such Fund shall be appropriated, in sums not exceeding 100l. to any one Orphan, for the benefit of the Orphan inmates who shall have left the said Establishment, after having been educated therein on the Foundation; and the said Company shall apply the same as marriage portions, to be paid on the marriage of such Orphan, she having in the meantime maintained an unblemished character, to the satisfaction of the Governors; and the Governors are to be at liberty to advance a portion of the said sum in the meantime, for the benefit of the said orphan, by apprenticing her or advancing her in life, or otherwise making provision for her on her leaving the School or afterwards; and such payments, whether for marriage portions or otherwise, shall be paid either at once or by instalments, in such manner and at such times as the Governors of the said Schools shall recommend: but that no Orphan inmate, unless she shall have been received on the Foundation as of the blood of the Founder, shall have any claim or title to any portion of such Fund, unless on the recommendation of the Governors; and that every Orphan inmate who shall have been duly proved and certified to have been of the blood of the Founder shall, after leaving the said Establishment, and being of unblemished character, be entitled, on her marriage, to a marriage portion of 200l. out of the said Fund; and the Governors are to be at liberty to advance a portion of the said sum for her benefit in the meantime, in the same manner as herein-before provided with regard to the other Orphan girls on the Foundation.

56. That such ladies as the Governors shall from time to time authorise shall be at liberty, subject to such regulations and control as the Governors may prescribe, to visit and inspect the said Schools and the Establishments, but shall not have any power or authority to interfere with the management or regulation of the Schools.

57. That the Court of the Drapers' Company shall be invited every third year to depute two Members of the Court and the Clerk of the Company to attend the Annual Examination of the said Schools, and report to the Court of the said Company the state and condition of the Schools, and any suggestions for improvements.

58. That if there shall remain in any year a surplus of the income of the said Charity unapplied, after payment of the stipends, outgoings, and expenses herein provided to be paid out of the income of the said Charity, or uninvested under the provision contained in the third clause of this Scheme, and when and so often as the same shall amount to 1,000l., the Drapers' Company shall apply to the Court of Chancery for further directions as to the application thereof; provided always, that the said Company shall have power to apply out of such surplus any sum, not exceeding 200l. in any one year, to any object within the scope and spirit of this Scheme, if extraordinary circumstances shall in their judgment render it expedient so to do.

59. That this Scheme shall be printed, and a copy thereof furnished to each Governor and the Chief Matron and each of the other Officers in or connected with the said Schools.

The Mystery of Improvidence.

Value of Prizes.; Age of Admission and Continuance in the Schools.

The Charity of Thomas Howell, established for the benefit of his Monmouthshire kinsfolk and others, A.D. 1540. By Thomas Falconer, Esq., Judge of the County Courts of Glamorganshire and Brecknockshire.

Second Edition.

The Charity of Thomas Howell.

A Portion and Endowment Fund to be established.

Thomas Howell, by his will dated in 1540, and made by him during his residence at Seville, in Spain, bequeathed as follows:—

"Item, I comaunde myne executours that I leve in Syvell, that incontynent, after my deathe, they doo send to the citie of London 12,000 duckats of gold, by billes of cambio, for to delyver to the House called Draper's Hall— to delyver theyme to the Wardeynes thereof; and the said Wardeynes, so sone as they have receyved the same 12,000 duckats to buy therewith 400 duckats of rent yearly for evermore—in possession for evermore. And it is my will, that the said 400 duckats be disposed unto four maydens, being orphanes—next of my kynne and of bludde—to theire marriage—if they can be founde—every one of them to have 100 duckats—and if they cannot be founde of my lynnage, then to be geven to other foure maydens, though they be not of my lynnage, so that they be orphanes, honnest, of goode fame and every of them 100 duckats— and so, every yere, for to marry four maydens for ever. And if the said 12,000 duckats will bye more lande then the said 12,000 duckats to be spente to the marriage of maydens, being orphanes, increasing the foure maydens aforesaide as shall seme by the discretion aforesaide of the Master and Wardeynes of the saide House of Draper's Hall; and that this memoria to remain in writing in the Booke of Memoryes in the said House in suche mannere as it shall at no time be undone for ever."

Ladies may visit Schools.

In the year 1543 the Drapers' Company, having received 8,720 ducats as part of and on account of the said bequest, purchased of Henry VIII. some premises, hereafter mentioned, in the City of London, which had become forfeited to the Crown, on the attainder of Thomas Cromwell Earl of Essex—the greatest and most powerful of those fearless ecclesiastical reformers who struck down the domination of the Church of Rome in this kingdom and the temporal power of its priesthood—and on the conveyance of the property the Company covenanted with the King to distribute and dispose of the rents and profits which at any time thereafter should clearly accrue from the said premises, over and above the costs and charges of reparation, to and for the marriage of poor maidens, being orphans, at the discretion of the Master, Brethren, and Sisters of the said Company for the time being.

Visitation of the Drapers' Company.; Surplus Income.

On this occasion an Indenture, dated March 31, 1543, and confirmed by Letters Patent dated July 4, 1545, was made between King Henry VIII. of the first part, and the Master, &c. of the Company of Drapers of the other part; and in consideration of 1,200l. the King granted to the Company a 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 St. Stephen, Coleman Street, paying yearly ten shillings and four pence into the Court of Augmentations, and in further recompense and satisfaction the Master, &c. covenanted to dispose of the rents and profits for the benefit of the female orphans as aforesaid.

Scheme to be printed.

The messuages and gardens are particularly set out in the Letters Patent. The capital messuage and gardens abutted in Broad Street South, and certain messuages, tenements, and cellars lay together near the Church of the Convent of the Augustine Brothers, in the said Parish and in the Ward of Broad Street, and abutted on the street leading towards Lothbury on the south and the way leading to the Priory of the Augustines upon the north; also a messuage, cellars, and a gate-house fronting south towards Broad Street, and abutting north on the Churchyard of the said Convent, and a water-course and running of conduit water to the said capital messuage, and a way to the said capital messuage and tenement thereto belonging by the gate called Friars gate, to Broad Street.

In the year 1559, and nineteen years after the death of Thomas Howell, a suit (Chrysley v. Chester) was instituted in the Court of Chancery by certain poor female orphans, alleging themselves to be kinswomen of the Testator, and that the Company had not properly applied the revenues, and praying to have the benefit of the Charity. This was in the first year of the reign of Queen Elizabeth.

The Company by their answer admitted they had received 8,720 ducats, and that the tenements and gardens purchased produced 105l. per annum. They stated that one year with another they had received, over and above all charges, the sum of 70l., which they had bestowed on the marriage of maiden orphans, and that 30l. a year was required for necessary repairs—that they always intended, and did intend, God willing, as near as they could, to perform the will of the said Testator, with as much of the rents as should come clearly to their hands, over and above all charges—if it were ascertained, or thereafter should be ascertained, what maidens or orphans of the Testator's kin, or lineage, ought by right to have the same legacies, according unto his will, which thereunto they could not perfectly attain to know.

By a Decree made on the hearing of the above suit [June 24, 1559], 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" [Heirbal?] therein mentioned—which Certificate should be made by the Bishop of Llandaff for the time being, or, if vacant, by the Dean and Chapter of the same Diocese, in writing under their respective seals, and delivered to the said Master and Wardens, ascertaining and proving that the four orphans named therein were next of kin, lineage, and blood of the said Testator, and that they were orphans, fatherless, and of the age of twelve years and upwards, and were then living, on which certificate the said Masters and Wardens for the time being should forthwith make payment of 84l. yearly out of the rents and revenues of the said lands 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 21l.; and if it should happen, at any time, that the said orphans being then next of kin and blood of the said Thomas Howell should be within the age of twelve years and not marriageable, the money should be paid over to four orphans being of the next descent, as should be above the age of twelve years and marriageable, and that under certain-mentioned circumstances the money might be paid though they were named before they ought to receive the same.

And it was further provided that if the said premises should be decayed by casualty by fire, and that 84l. could not be levied, the Company should be charged apportionably. And it was provided that if the property should be improved in value above the 84l. payable to the orphans, and 21l. allowed to the Company for their ordinary and extraordinary charges, that then the same improvement over and above the sum of 84l. and 21l. should be equally divided and paid yearly to the said four orphans—portion and portion alike—foreseeing always that the same improvement yearly, to be divided to the said orphans, did not exceed the value of 16l. by the year. And it was provided that if the Company should receive the remaining 3,820 ducats, or such portion as would purchase an increase of lands to the yearly value of 16l., the Company shall pay the orphans so much as the increased rent should amount to—foreseeing that in the whole the said orphans should not be paid above the yearly sum of 100l.

It did not appear that the last-mentioned sum of 3,820l. was ever paid to the Company. It is also an important fact that the Attorney-General was not a party in the suit.

The reference in the above Decree of the year 1559 to a certain Pedigree of the family of Howell has this explanation:—In the year 1556, and during the reign of Queen Mary, and when Nicholas Heath, Archbishop of York, was Lord Chancellor, a Pedigree of the Howell family was certified in a commission signed by Cardinal Pole, who was then Archbishop of Canterbury. The Commission was not issued in any suit in Chancery.

This Commission to preserve the remembrance of the family of the Testator, and which was not made to advance any ecclesiastical object, was the first interference of the Church in the affairs of the Charity.

The family of Thomas Howell was of Monmouthshire, and many persons of that name are still to be found in the county. The most eminent of the name, though it might be impossible to connect him with the Testator, was James Howell, who was the son of a Rev. Thomas Howell, and was born near Brecknock, about the year 1596. He visited Spain, Italy, &c., and his "Epistolæ Ho-Elianæ" have been many times reprinted. His portrait has been preserved in Monmouthshire, at Llantillo Crosseny. As he was the son of a clergyman, it is not at all improbable his father removed from Monmouthshire in order to accept church preferment in Brecknockshire.

By the Decree of 1559 it was ordered that a certificate should be annually made of four orphans out of the Pedigree certified by the order of Cardinal Pole, and "that the said certificate should be made by and from the Bishop of Llandaff for the time being." (fn. 5) The object of this certificate was not to transfer any interest in the Charity to the Bishop of Llandaff, but because Monmouthshire being in the diocese of Llandaff, a bishop in those days was one of the best public officials to be referred to on the subject of the family connections of a Monmouthshire family. Moreover, Anthony Kitchen, or Dunstan, was in 1559 Bishop of Llandaff, and he resided in the palace of the bishopric, in the parish of Mathern, near Chepstow, in Monmouthshire. He was buried at Mathern, as well as his immediate successors in the see, namely, Hugh Jones and William Blethin. The official residence, therefore, of the Bishops of Llandaff being at that time in Monmouthshire, was another sufficient reason to apply to them for the certificate.

In the year 1593 another order of the Court of Chancery was issued, the Lord Keeper Puckering directing the certificate of the Howell family to be made by and from the Bishop of Landaff for the time being, and by four, three, or two Justices of the Peace of the County of Monmouth, the Dean and Chapter of Llandaff to act instead of the Bishop during the vacancy of the see.

Probably this last order was occasioned by the orphans of the Howell family being unable to procure the certificate of the Bishop of Llandaff respecting their descent, after the order of the year 1559 was made. The fact, however, that Justices of the Peace of the County of Monmouthshire were associated thereafter with the Bishop in making the certificate is remarkably significant. It demonstrates that in 1593 the chief descendants of the Howell family were to be found in Monmouthshire, and it further proves that the Bishop of Llandaff, or the Dean and Chapter of Llandaff, had no more interest in the Charity than the Justices of the Peace of the County of Monmouth. The Charity was not for the promotion of religious teaching, but was purely secular and eleemosynary; and the very great importanee of this distinction will be made apparent in the sequel.

No other legal proceedings respecting the Charity appear to have taken place until the 27th of July 1838, when an information was filed by the Attorney-General against the Master, Wardens, Brethren, and Sisters of the Guild or Fraternity of the Blessed Mary the Virgin, of the Mystery of Drapers of the City of London, for the establishment and regulation of the Charity.

The answer to the information stated that out of the rents carried to the account of the Charity, the following payments were made:—

£s.d.
Quit-rent to the Grocers' Company100
Quit-rent to the Parish of St. Edmund the King054
Clerk of the Company0100
Incidental expenses for Surveyor's charges and repairs
To the Order of the Bishop of Llandaff on the receipt of a certificate that the four persons therein named had been appointed to receive marriage portions, such persons being maidens, or those next of kin, and lineage, and blood to Thomas Howell, and of the age of twelve years and upwards8400

And it was stated that the rest of the revenue was carried to the account of the income of the Company. The printed accounts do not show what amount of money was paid under the head of Surveyor's charges and repairs.

The Defendants admitted that, at the time of the information, the rents carried to the account of the Charity amounted to 1,941l. 15s. 1d. yearly; and this appears to have been exclusive of any occupation rent for Charity property in their own occupation.

The Company in their answer relied on the Decree of the year 1559, as absolutely giving to them the whole residue of the income, after applying the sums therein mentioned for the purposes of the Charity, which sums, they contended, were limited to 100l. a year. They insisted also on the long usage which had prevailed respecting the disposition of the Charity income. They were charged with a misappropriation of the rents, and by the Decree of Lord Langdale, Master of the Rolls, dated April 29, 1845, they were declared to have misappropriated them. They claimed to apply as they should think fit nearly the whole income of the Charity, and their claim was set aside.

The Decree of April 29, 1845, declared that the whole funds in the hands of the Defendants, and the rents of the land purchased under the will of Thomas Howell, were applicable to the charitable purposes of the will. It was ordered, among other things, that the Master should settle a scheme for the future administration of the Charity and the future application of the income, and he was to state, having regard to the charitable objects contemplated by the Testator, whether it would be fit and proper any and what extension of charitable objects and uses should be made of the said Charity, so as to embrace other objects than those immediately contemplated by the Testator; also to inquire if it were necessary an Act of Parliament should be obtained to carry into effect such scheme as he might approve of, and to settle the Draft of a Bill for an Act of Parliament to extend the scheme, and to enable the Defendants to purchase such part of the Charity Estates whereon the Hall and Buildings occupied by them were built, and the gardens thereto attached, discharged of the Charitable Trusts to which they were subject, and for the investment and disposition of the purchase-money.

The Master reported, February 12, 1846, that it was most beneficial the Hall and Gardens should be sold, subject to a lease at a ground rent of 120l. a year. By an Order of March 10, 1846, the Master was directed to approve of such lease; and on the 16th of April 1846 a Lease was made by the Drapers' Company to the Trustees nominated by and on their behalf, of the Hall, &c. for 28 years, from the 25th of December 1843, at a rent of 120l. a year.

Another Order was made by the Master of the Rolls, June 2, 1846, for the approval of the Draft of a Bill for an Act of Parliament for the sale of the Hall, &c., and the Act of the 9th and 10th Victoria, c. 19 (A.D. 1846), was passed, "to authorise the sale of part of the Charity " Estates vested in the Master, Wardens, Brethren, and Sisters of the Guild or Fraternity of the Blessed Virgin Mary, of the Mystery of Drapers of the City of London, upon the Trusts to the will of Thomas Howell, deceased."

Under the authority of that Act, the Hall, &c. were sold to the Drapers' Company. This was the first Act of Parliament passed relating to the Charity, and it may be treated as the completion of the Decree of 1845, so far as relates to the gathering together of the property of the Company. The administration of the Charity became the subject of a second Act of Parliament, which will be mentioned hereafter.

The Information was filed in 1838; the hearing was on May 3, 1843; and the judgment of Lord Langdale appears to have been given immediately on the hearing. It occupied nearly five years to obtain the interpretation of the will and a declaration of the trusts. In 1559 (ante, pages 16 and 17) the Decree seems to have been obtained in less than six months. The account against the Company having been ordered from the filing of the information, in July 1838, and an occupation rent being charged on account of the Hall, &c., there was payable on account of the Charity, on the accumulation of rents during the pendency of the litigation from the year 1838 to the year 1846 (when the first Act of Parliament was passed), a sum of about 16,000l.

The Company were ordered in 1843 to pay the costs of the information—"having," said Lord Langdale, "thought " fit to have this question tried in order that they might have the application of this money according to their own view of what was right." Their view of what was right was, that 100l. a year only should be applied to the purposes of the Charity.

Lord Langdale also said, "that nothing could be more " satisfactory in an investigation of this kind than to find that there is no possibility of any imputation of bad or corrupt conduct on the part of the Defendants. The present Defendants, beyond all question, have applied this fund just in the manner in which it has been applied by their predecessors; in all probability they never looked at the original foundation at all, but, instead of applying it to any beneficial purpose of their own, it is now shown by the evidence and the answer, and it is admitted by the Attorney-General, that they have applied the funds in a beneficial manner for the most useful charitable purposes." He also said, "that very great doubt might be entertained whether extending the charitable purposes of the Founder would be productive of effects anything like so beneficial as the charitable purposes promoted by them." [6 Beavan's Chancery Reports, p. 389.] How far more satisfactory would it have been had Lord Langdale spoken to this effect:—

"All persons who are called upon to administer local or public trusts should remember that their first duty is to acknowledge themselves to be accountable, and they should freely admit their responsibility by publishing, at stated intervals of time, the origin of the trusts, the objects of the trusts, and the application of the funds under their control. If money is expended by them, they should announce the amount and its application; if money is in hand they should declare it, and if, unfortunately, debt is incurred, it affects their private character and honour if they fail to publish the particulars, and truthfully to explain the cause. There should be no secresy, and any attempt to keep private or to conceal the state of affairs is to be condemned. I regret that in this case there has been concealment from the public for a very long series of years. The attempt to bring to light the management of the Charity has occasioned five years of litigation. Why has there been this delay? Either the procedure of this Court is flagrantly iniquitous, or hindrances have been opposed to the hearing of the cause by the acts of the parties, which deserve the strongest censure on those who have caused them. My decision has been checked by no difficulty in the case. The facts presented to my consideration are free from doubt; the construction of the will of the Testator has no obscurity, though time has hidden from the benefit of his Charity those whom he intended his trustees to remember to be of his blood and kin; and the misappropriation of the funds is manifest. I can offer no excuse for the conduct of the Drapers' Company, and no other excuse can be suggested than that practice, so pregnant of abuse and so common among the companies of the City of London, of hiding from public investigation their dealings with charity funds, and then setting up their long and successful secresy in order to sanction what they have done. They excuse their own acts because they are similar to the acts of their predecessors. To justify such a defence they should be able to prove the acts of their predecessors to have been commendable."

The above statement relates the history of the administration of the Charity from its foundation until the year 1846.

As there are different legal rules for the administration of Charities, it is important to notice the following, and to observe the class of Charities in which the Charity in question was included:

I. If a Charity were founded to support a religious establishment, or to promote religious education, and the intentions of the Founder are not clearly expressed, the presumption is, first, that he intended to establish a Charity connected with some particular form of religion; secondly, that the form of religion intended was that which he himself professed; and thirdly,—if no evidence is given of his own religious views—that the established religion of the country was meant to be supported.

II. In educational Charities the Court will not deprive particular classes of person of the benefits of the secular education offered by enforcing rules of religious instruction, unless there be an expressed intention to that effect.

III. Where the Charity is purely eleemosynary the presumption is, that all classes, irrespective of religious doctrines, are intended to participate in the bounty of the Founder, unless there are clear and distinct expressions of intention to exclude particular persons from its benefits.

(See the Case of Attorney-General v. Calvert, reported 23 Beavan's Reports, 248; 21 Jurist, 500; 26 Law Journal, 682.)

From the recital of the facts which has been made it is obvious—

1. That the primary intention of Thomas Howell was to benefit his own kinsfolk.

2. That the benefit intended by the Testator was purely eleemosynary.

3. That even if the kin of the Testator were not members of the Established Church, they would have been entitled to the benefit of the Charity, and there is no exclusion of other persons from the benefit of the Charity on the ground of their particular religious belief. It was a Charity open to Dissenters.

4. That whatever locality could be named to which the Charity could be referred, it was the county of Monmouth.

5. That the Bishop of the diocese of Llandaff is is no manner named either in the will of the Testator, nor in orders of the Court of Chancery, as having any title to administer the funds of the Charity, or to superintend their distribution, though in practice the Drapers' Company, for a long series of years previous to the year 1838, paid into the hands of the Bishop of Llandaff for the time being the sum of 84l. a year for the purposes of the Charity.

On the 4th of March 1851 the Master of the Court to whom the cause stood referred reported, among other matters, that the income of the Charity property, exclusive of interest accumulating on the income which was paid during the litigation, was 2,138l. 13s., and that it was fit there should be an extension of the objects and uses of the Charity. On the 4th March 1852 an order was made in the cause, ordering that an application should be made to Parliament by the Attorney-General for an Act to enable the Court of Chancery to extend the said Charity to the establishment, maintenance, and benefit of schools in Wales for the instruction of girls, and for the maintaining, clothing, and providing portions for the orphan inmates educated in the schools so to be established, and keeping up the establishment of such schools in such manner as the Court should think fit. It also sanctioned the purchase by the Drapers' Company of a house in Throgmorton Street, part of the Estates of the Charity.

In pursuance of this direction, a Bill was brought into Parliament, and the Act of the 15th and 16th Victoria, ch. 14, was passed, namely, "An Act for the regulation and management of the Charity founded by Thomas Howell, on or about the year 1540, and for other purposes." (fn. 6)

The first section of the Act empowers the Company to purchase No. 29, Throgmorton Street, discharged for the charitable trust to which it was subject.

The other sections of the Act are as follow:—

"II. That it shall be lawful for the Court of Chancery to extend the said Charity to the establishment, maintenance, and benefit of schools in Wales for the instruction of girls, and the maintaining, clothing, and providing portions for the orphan inmates educated in the schools to be so established, and the keeping up the establishment for such schools, in such manner and subject to such provisions and regulations as the said Court shall from time to time order or direct, and from time to time make and give such decrees, orders, or directions in relation to the Charity and the premises as shall be requisite or proper, having regard to the extension hereby authorised as aforesaid; provided, that for the purposes of this Act the whole of the Diocese of Llandaff shall be deemed to be in Wales; provided also, that in preparing such schemes preference shall be given to the diocese of Llandaff, both as to the priority and size of the foundations to be established and maintained under the authority of this Act; and that not more than one school shall be established or maintained from the proceeds of the said Charity beyond the present limits of that Diocese.

"III. That if any orphan maiden who shall be certified by the Bishop of Llandaff to be of the blood of the said Thomas Howell shall apply to be admitted into any of the schools established or maintained under the authority of this Act, such person shall be preferred to all others; and that every orphan inmate of any of the said schools who shall have been duly certified to be of the blood of the said Thomas Howell shall, after leaving such school and being of unblemished character, be entitled on her marriage to a marriage portion of two hundred pounds out of the funds of the Charity; and that the Governor may advance a portion of such sum for her benefit in the meantime.

"IV. That the Bishop of the Diocese in which any of the said schools shall be established shall be ex officio a Governor of such school, and shall, when present at a meeting of the Governors of such school, be chairman thereof. (fn. 7)

"V. That it shall be lawful for the said Company, their successors and assigns, by and under the order and direction of the said Court of Chancery, to purchase and hold such pieces of ground as sites for the schools to be established as aforesaid, and the buildings and appurtenances to be attached thereto, as shall be approved of by the said Court; and that such pieces of ground, when so purchased, shall be conveyed unto or otherwise vested in the said Company, their successors and assigns, upon trust for the said Charity, in such manner as the said Court of Chancery shall order or direct.

"VI. That it shall be lawful for the said Company, their successors and assigns, from time to time, with the sanction and approbation of the said Court of Chancery, to grant and contract for the grant of any building, improving, or other leases for any term or number of years of all or any part of the lands, estates, and property for the time being belonging to or held in trust for the said Charity, and also to sell and convey or exchange and contract for the sale and conveyance or exchange of all or any part of the same lands, estates, and property, for such rents, at such prices, upon such terms and conditions, and with and subject to such powers and provisions, and in such manner respectively as the said Court of Chancery shall from time to time, by its order, authorise or direct, and for the purposes aforesaid, or any of them, and also for the improvement or better management of the said Charity estates, or any of them, to make or execute all or any such deeds, leases, and conveyances, and accept all or any such surrenders, and to make and enter into all such contracts and arrangements, and do all such acts, matters, and things whatsoever, as the said Court of Chancery shall in manner aforesaid authorise or direct.

"VII. That it shall be lawful for the said Company, their successors and assigns, from time to time, with the sanction and approbation of the Court of Chancery, to lay out and invest the surplus rents and profits and income of the Charity estates and property, and all or any monies arising from any sale or exchange of the said Charity estates and property, or any part thereof, and all or any other monies for the time being belonging to the Charity, in the purchase of lands or hereditaments, or Government or real securities; and that from time to time, when nd as often as any such purchase or investment shall be made as aforesaid, the lands and securities respectively so to be purchased or obtained shall be conveyed and transferred unto or otherwise vested in the said Company, their successors and assigns, upon trust for the benefit of the said Charity, as the Court of Chancery may from time to time direct.

"VIII. That all the costs, charges, and expenses incident to and attendant or in anywise relating to the applying for, obtaining, and passing this Act, and incidental and preparatory thereto, shall be paid out of the Charity estates, monies, and property, in such manner as the said Court of Chancery shall direct.

"IX, That in this Act the following words and expressions shall have the several meanings hereby assigned to them, unless there be something in the subject or context repugnant to such construction; (that is to say,)

"The expression 'Company' shall mean and include the Drapers' Company, by their corporate name of 'The master, wardens and brethren and sisters of the Blessed Mary the Virgin of the Mystery of Drapers of the city of London,' and their successors, and other the trustees for the time being of the Charity.

"The expression 'the Charity' shall mean the said Charity founded by Thomas Howell, as established and administered under the authority of this Act."

The 10th Section is what is called in all such private Acts of Parliament, "The General Saving Clause;" and the 11th Section provides that it is not a public Act, but that a copy, printed by the Queen's printer, may be admitted as evidence thereof by all Judges, Justices, and others.

The Act contemplates the establishment of Schools in the Diocese of Llandaff; and, strangely enough, provides by Section 2 that the whole of the Diocese of Llandaff shall be deemed to be in Wales. This provision was to include, by a sort of parenthesis, the English county of Monmouth—as though the county of Monmouth was not that very District which had primary claims to be regarded when a locality was to be distinctly assigned for the general application of the funds of the Charity. As, however, admittance to the schools is not limited to children born in Wales, but is open to children born anywhere and without any personal or local preference (except in the case of Founder's kin), the provision is applicable only to the locality of the schools which are directed to be in Wales, and the provision is unmeaning, since, with one exception, it is generally enacted that the "schools" to be established shall be within the present limits of the Diocese of Llandaff.

The same Section declares that not more than one School shall be established from the proceeds of the said Charity beyond the present limits of the Diocese of Llandaff. Schools, that is more than one, were to be established in Glamorganshire and Monmouthshire, and only one beyond the limits named.

By Section 4, the Bishop of the Diocese is to be Chairman of all meetings of the Governors.

The following is an extract of a published Letter of the Bishop of Llandaff, dated December 20, 1859:—

"Two schools, one at Llandaff and the other at Denbigh, have been built on a large scale.

"On the 29th of November last the school at Llandaff was handed over by the Drapers' Company to the local Governors, who are fifteen in number—the Bishop of the Diocese being ex officio a Governor and Chairman of the Board—and on the 1st December the same steps were taken at Denbigh.

"At the Llandaff school thirty orphan girls—the word being interpreted in the scheme children who have lost one or both of their parents—are to be instructed, clothed, and maintained; and a Portion and Endowment Fund is to be established by the Drapers' Company for their benefit. In addition to these. Pay Boarders, not exceeding thirty in number, who are to pay for their board, washing, and maintenance such annual sum as the Governors shall think fit, are to be admitted, receiving gratuitously the same education as the orphans. Such number of girls are also to be received for education, as day scholars, at a low rate of payment, as the Governors from time to time shall fix.

"As it is desirable that the nature of the education prescribed by the scheme should be generally known, for the guidance of those who wish to make application for the admission of orphan girls, I beg to subjoin the 44th and 46th Sections of the scheme.

"Section 44. That there shall be taught in the schools the principles of the Christian Religion,
Reading,
Writing,
Arithmetic,
English Grammar,
Geography,
Biography,
History,
Elements of Astronomy.
Garden Botany,
Music,
French, and
Drawing,
and such other subjects as the Governors shall from time to time direct.

"Section 46. That every girl shall be taught needlework, and to cut out and make up her own clothes, and get up fine linen, either separately or in classes, as the chief matron may direct; and such of the girls on the foundation as the chief matron shall appoint shall be taught domestic cookery.

"The orphans are to be nominated by the Drapers' Company from candidates recommended by the local Governors. No girl is to be admitted before she shall be seven, nor admitted on the foundation after twelve, years of age.

" The Governors are prepared to receive applications on behalf of orphans, and they are to be addressed to Charles Luard, Esq., Cardiff, Clerk to the Llandaff Branch of the Charity."

The following are the names of the Governors of the Charity:

The Drapers' Company (Trustees).

The Right Rev. the Bishop of Llandaff.

The Right. Hon. Lord Tredegar, Monmouthshire.

C. Octavius Morgan, Esq., M.P., Newport, Monmouthshire.

The Very Rev. the Dean of Llandaff, Llandaff, Glamorganshire.

Rev. E. Hawkins, St. Wollos, Monmouthshire.

Rev. T. Stacey, Cardiff, Glamorganshire.

Rev. Roper Tyler, Llantrithyd, Glamorganshire.

Col. T. K. Tynte, Kefn-Mably, Glamorganshire.

E. Priest Richards, Esq., Cardiff, Glamorganshire

John Knight Bruce Pryse, Esq., Dufferyn, Glamorganshire.

John Coke Fowler, Esq., Llandaff, Glamorganshire.

Charles Croft Williams, Esq., Roath, Glamorganshire.

Evan David, Esq., Fairwater House, Glamorganshire.

Richard Bassett, Esq., Bonvilstone, Glamorganshire.

The Glamorganshire Governors all reside within a very few miles of the town of Cardiff, and the three Monmouthshire Governors within a short distance of the town of Newport. The scheme provides that they are to be fifteen in number, and are to be resident within fourteen miles from Cardiff, and thus all persons resident beyond Newport, living in Monmouthshire, are excluded from being entitled to become Governors. The orphans to be nominated may be selected from any part of the kingdom. The universality of choice may be limited by expectations dependent on the certainty that the Governors themselves will be a very domestic party at Llandaff. All orphans are qualified to be elected. The field of selection is vast, and the very generality of it is an absurd provision. In its vagueness the scheme almost violates the principles of law which govern the Court of Chancery in the declaration of trusts.

The Governors are, in fact, merely assistants of the Drapers' Company: what they do is to be subject to the approval of the Company, except when they incur personal responsibility in contracting debts in respect of salaries, provisions, &c. Contracts for goods, work, or services will be made with the Governors. This "privilege" the Drapers' Company leave to the Governors without stint or limit, and the only mode in which the Governors can creditably return the compliment of such an unlimited reliance on their own personal incomes will be to abstain from incurring a single debt, and to set a good example to the poorer classes in refusing the concession of credit to themselves. At all events, when any of the Governors incur debts—if they should be tempted and should commit such a fault—and such debt should charge the pocket of an absent colleague, let him weekly be informed of the fact. It is a Charity with a fixed income, and not a railway, which the bishop of the Diocese is to superintend.

The sort of schools which have been established will be understood from the following description of them published in the Building News:—

"During the past week two schools for orphan girls at Llandaff, in South Wales, and Denbigh, in North Wales, erected by the Drapers' Company of London, under the direction of the Court of Chancery, in 'Howell's Charity Trust" have been completed, and the local Governors, whose duty it will be to manage the schools and recommend to the Drapers' Company suitable candidates for admission, were invited to meet the clerk and architect of the Company to inspect the building, and enter upon their duties and possession.

"The buildings are each of considerable extent; in style and character, Domestic Gothic.

"Accommodation is provided for about sixty resident scholars in each establishment, besides day scholars, and suitable and separate apartments for a head matron or governess, four assistant teachers, house steward, and servants. Infirmary, library and board-room, porter's lodge, and usual domestic offices, occupying with the playground, gardens, &c., about four acres of an estate of twenty acres that has been purchased for the use of each Institution in South and North Wales.

"The buildings have been erected most substantially of the limestone of the neighbourhood, with sandstone dressings to doors, windows, chimney shafts, &c., all the external walls being lined with brick, having a space of two inches between the stone and brick, to prevent the possibility of damp. All the stone is laid in regular course, 'the beds and face dressed.' The roofs are covered with green and blue slates in alternate courses, finished with ornamental ridge tiles. The principal portion of the carpenters' and joiners' works are executed in 'pitch pine' of a superior description, carefully cleaned off and varnished, instead of being painted. The walls of all the rooms in general used by the children are lined (four feet high) with 'match boarding,' which, together with the fittings (many being of a novel and ingenious description) are stained and varnished in like manner.

"The entrance halls, corridors, and day-rooms are warmed with hot water, the other rooms by open fires, the fire-places being formed entirely of fire-brick (except the front bars and bottom grating) which are fitted so as to be easily removed and replaced when necessary.

"The windows, with very few exceptions, are fitted with sliding sashes, hung with lines and weights, and are made suitable to 'mullion windows,' in place of the usual Gothic casements, by which it is so difficult to keep out wind and weather in exposed situations.

"The kitchens, laundries, and other domestic offices are fitted up with the best and latest improvements, but at the same time in such a manner that the scholars can be readily instructed in all branches of the usual household duties falling to the lot of those who have their living to gain by the practice of domestic economy.

"The meeting of the Local Governors appointed to the school at Llandaff took place on the 29th ultimo, presided over by Lord Tredegar (in the unavoidable absence of the Bishop of the diocese); and the meeting at Denbigh took place on the 1st inst., presided over by the Bishop of Asaph.

"At each of the meetings the rules and regulations laid down by the Court of Chancery for the future management of the schools were read and explained by W. H. Sawyer, Esq., the Clerk of the Drapers' Company; after which the Governors inspected the buildings, under the guidance of Mr. Herbert Williams, the architect of the Company. Great satisfaction being expressed, a vote of thanks was passed to the Drapers' Company for the liberal (fn. 8) and efficient manner in which the schools had been erected and finished, for the purpose of carrying out the objects of the Trust.

"Messrs J. Barnsley and Sons, of Birmingham, have been the contractors for both schools; and they, together with the Clerks of the Works (Mr. Henry Bushby at Llandaff, and Mr. S. Knight at Denbigh), were complimented by the Governors on the superior workmanship, it being particularly remarked that better specimens of joiners' work had seldom been seen in buildings of this class.

"The cost of the school at Llandaff has been about 18,000l., and that of the one at Denbigh 16,000l. The furnishing of the same, which is now proceeding under the direction of the architect, will be about 2,000l. each, in addition."—Building News.

As the sum thus named for these two buildings is thirtyeight thousand pounds—exclusive of the price of the land on which they are built—there are few honourable persons who will not exclaim, "Can such a gigantic job have been " accomplished, and the scheme for it have been sanctioned by the Court of Chancery?" The institutions at Llandaff and Denbigh exhibit, indeed, the mystery of Improvidence. Who were the Busy-bodies who promoted their establishment? (fn. 9) About one-third of the fund has been expended on buildings, &c., about one-third sent to North Wales, and the other third reduced to the minimum of usefulness at Llandaff!!

"The establishment," states one of the Governors, in a letter published in the "Merthyr Telegraph," "will be under a matron—who is to be appointed by Sir John Romilly, the Master of the Rolls—and several competent teachers. The education will be of a superior kind—comprising reading, writing, geography, garden-botany, music, and French. The principles of the Christian religion are to be taught, and the chaplain will be a clergyman of the Church of England; but the scheme provides that if objection be made, and due notice be given by the parent or guardian of any girl, such girl shall not be required to learn the catechism or other formularies of the Church. To constitute a candidate for admission, the girl must have lost one parent at least, but not necessarily both. Marriage portions will be given to orphans educated in this school to the amount of 200l. in cases where the girl is descended from the Founder, and 100l. in other cases.

"I have only to add that I have been appointed one of the Governors of this Institution, and shall have much pleasure in inquiring into the case of any girl who may be desirous of becoming a candidate. Those who are natives of this diocese will, I believe, have a preference over others. And I am inclined to think that the class of families from which candidates are most likely to be accepted are those of persons who were in business, or offices, or farms, and who, if they had lived, would have been able to give their children a superior education, which, in consequence of the parent's death, they will lose."

The provision which leaves the access of a Dissenter to the Institution open can only be nominal. There is no Dissenter among the Governors, though the Governors say a Dissenter may be admissible. In fact, any orphan of tender years, for example, the child of a Baptist, if kindly treated could hardly hesitate to join the congregagation of the majority of its companions. Even the little Jew Mortara, kidnapped, gipsy fashion, with the sanction of Pio Nono, if treated with care and kindness would not fail when at years of discretion to lecture his own father on his belief, even though no special means, beyond the selection of his companions, were taken to anticipate such conduct.

Originally the Charity had no exclusive character; now it is, practically, a Charity for Religious Education, under the superintendence of the Bishop of Llandaff. It is not to be presumed, whatever the words used may express— and the extent of dissent in Wales from the Established Church explains why they have been used at all—that the Bishop of Llandaff, the Dean of Llandaff, or the other Governors will do otherwise than act in their recommendations under the sincere conviction of their own belief, and keep the new establishments to promote that religious education which the chaplain is appointed to superintend. The very character, system, and scheme of the new Institution makes this not merely probable but unavoidable. It is impossible there can be several conflicting religious dogmas preserved in the minds of young girls constantly living under the same roof, and no such expectation was formed when, by the fourth section of the Act of Parliament, the Bishop of Llandaff for the time being was constituted head of the governing body. Not those who act within the scheme, but those who have framed it in so narrow a spirit as the teaching of a few girls in a magnificent convent, are to be condemned, if exclusiveness is complained of.

The Diocese of Llandaff may be described to be a diocese abounding in female orphans. How often is the wailing of female voices heard, and the sad spectacle repeated when, through ignorance, folly, negligence, or accident, the lives of many colliers are suddenly destroyed ! Nowhere are schools for the education of females more needed. Many are the female orphans to teach, and many are the girls who desire and need instruction who have no schools to which they can resort, but they are not of the class of orphan maidens who are to be taught the French language at Llandaff.

It is an object of the greatest public importance that in the mining districts there should be girls' schools. It is the mother who must chiefly teach all children in their own homes—she it is who purchases for her household, and who usually regulates all domestic arrangements. If the father dies it is the widow upon whom all the family depend; if the daughters go into service their success is connected with their early instruction, and if they remain at home their safety and character are sustained through the training they receive. It is through a really efficient and improved system of education of the poorer classes that the vices sought to be dealt with by institutions, now so popular with magistrates, for the moral training of adults, must be checked. Would that we could say for ourselves what Miss Bremer said of the efforts in favour of popular instruction in America—"The hope of the New World is not to reform so much through prisons as through schools, and still more through Homes; when all homes become that which they ought to be, and that which many already are, the great reformatory work will be done." Let the daughters and sisters of the working men learn to love cleanliness, neatness, and the being taught in schoolrooms, and the wives and mothers of the men will become the best teachers of virtue.

Every effort to do 'good, however controlled, is to be commended, but that which is to be condemned is the preference of little, very limited, or minute objects, when the power to do great good is unconditionally possessed. When it was said that girls' schools were to be established out of the funds of Howell's Charity, it was presumed that what was designed really was the establishment of schools for girls—such institutions as are generally understood to be "schools." The accumulated funds of the Charity ought, in this year, from the date of the filing of the Information in 1838—if these gigantic and costly buildings had not been raised—to have been upwards of 40,000l., exclusive of interest on the accumulating funds; and, in addition, the annual income should be upwards of 2,000l. a year—there ought also to be an annual income from the purchase money paid for the very valuable land on which the Drapers' Hall stands, and the garden of the same, purchased by the Company of the Charity under the Act of Parliament of 1846—and which property was worth far more than 120l. a year (ante, p. 18). The purchase money paid to the Charity was distinctly capital, and so ought the accumulated funds to have been treated. With these magnificent means—which ought to have produced at least 3,500l. a year—some thirty or forty "Howell's schools" might have been established throughout the diocese, and if the teaching in them had been such as in the schools of William Ellis, of London, they would have been a source of unbounded happiness in a few years to thousands of persons. The annual income was sufficient to have allowed the schoolmistresses of such schools not the meagre payment that is given to a housekeeper, but handsome and sufficient salaries, equal to reward the proper and high qualifications which the mistresses of schools ought to possess. Had such a design been acted on, a vast multitude of women throughout Glamorganshire and Monmouthshire would, in a short interval of time, have been preserved from the wretchedness which is the lot of ignorance.

What have we now? It is hardly possible to refrain from expressions of deep indignation at the manner in which the Charity funds have been disposed of. The Act of Parliament provides that Schools shall be established in the Diocese of Llandaff. This Act has been interpreted to mean the grand and gigantic building which towers on the heights of Llandaff. The word "schools" implies that many persons will be taught in more than one school. The institution at Llandaff is the only school in the Diocese of Llandaff, in which Diocese "schools" are directed to be established, and it is open to a very limited number of girls. The expression, also, in the Act that only one school shall be established out of the limits of the diocese, has been interpreted to mean the establishment of a similar gigantic and costly building in North Wales to that at Llandaff, the maintenance of which must exhaust half the remaining funds of the Charity. A division of the income is practically made when no division could have been intended; and the express words of the Act of Parliament appear to have been interpreted so as to sanction the most irrational conclusions, and the most reckless waste of the Charity funds. There is an excuse, in part, for what has been done by the use of the word "inmates" in the Act, but the censure that is expressed may be extended to the scheme which was made the foundation of the Act, as well as to the scheme which is said to give effect to the intention of the Act of Parliament. A title in the county of Monmouth to participate in the Charity was recognised in the Act of Parliament relating to this Charity, the income of which, as before stated, should have amounted to 3,500l. a year at the least; and what is the amount of benefit obtained?—The misappropriation of the funds has been sinful.

There is a school in the county of Glamorgan which is absolutely necessary for the education of a certain class of orphans. In the days of Howell the teaching of deaf and dumb children to read and write, and to become intelligent and instructed, was not thought to be practicable. Happily it is now otherwise. As such persons, however, are to be found—one here, and another there—and are dispersed in distant places, and as a special education is needed in order to possess the capacity to be their teachers, it is necessary such children should be collected round a teacher in some one place which must, in most instances, be necessarily distant from their own homes. A single institution for such children exists in the Principality of Wales, and it is to be regretted that it is very insufficiently supported by voluntary subscriptions. It is established at Swansea; but it also happens that Swansea, though a town in Glamorganshire, is beyond the present limits of the Diocese of Llandaff—and it is to the present limits of the diocese that the "schools" of Howell's Charity are confined—with the exception of one school, which may be beyond such limits. Here, then, was the one school, which should have been the exceptional one, and to which a portion of the funds of the Charity might have been with peculiar propriety appropriated. The mental condition of mute children who are permitted to remain uneducated it is terrible to contemplate. Would that a merciful remembrance of them could have influenced those by whom the new scheme of this Charity was framed.

No objection whatever could be expressed to the diversion of the funds of the original Charity to the establishment of schools for the teaching of girls. The original object of the Charity was to grant marriage portions to the female kin of the Testator, and failing them, to other maidens. There was no direction given by the Testator to train up his kin to entitle them to receive the money, and in the will there were no designated persons, even among his next of kin, who could in preference the one to the other claim the fund. In the course of time the known members of the family of Howell have disappeared, and the Act of Parliament and the proceedings in Chancery indicate an entire forgetfulness of their home having been in Monmouthshire.

The benefit the Testator intended to give under his will was not to provide marriage portions for any unmarried orphan girls not related to him, but for some female orphans not of his kin, in such years when orphans of his own kin might not claim or accept the marriage portion provided for them. The substitutes were not the primary objects of his Charity. His own kin, however, have, in the lapse of years, passed out of sight. It is a mere sham, in the third section of the Act of Parliament, to refer to them. It is known to be beyond the bounds of human probability, or almost possibility, that any person could legally, or presumably, prove his relationship to the Testator. There are no ancient registers to refer to, no documents connected with the descent of land nor the testimony of wills, by which any connection of blood with his family can be established. Those who inserted the third section in the Act knew it to be a sham, though a good cloak for a new abuse. The 84l., though paid on the receipt of the Bishops of Llandaff, as stated in the answer to the Bill of Chancery (ante, p. 17), was not paid to persons who, even as heirs general of Noah, and under the title of a "Welsh Pedigree," pretended to be of the family of the Testator, though this might have been their best title, if they had set up the pretence of family consanguinity. The money was paid to very worthy recipients of it, but not to persons who could prove any claim to it. One-fourth of it was generally handed over to the head of a very distinguished family in Monmouthshire, and was well disposed of. Any proof of relationship, directly or indirectly, of any family to that of the Testator is utterly lost.

The chief object of the Charity had therefore failed. As, however, a charity is defined to be "a general public use," and the word "public" to mean "a purpose which, whatever it may be, is not the personal use and enjoyment of any assignable individual or individuals"—it was right that some other object of the Charity should be substituted for the one expressed by the Testator which should be regarded to approach near to the original intention; and such an object would very commendably be the establishment of Girls' Schools—but such schools ought not to be convents in which to train girls with the avowed object to portion them off in matrimony when duly prepared under the inspection of a board of reverend and venerable gentlemen.—[Ante, pp. 19, 20, and 21.]

The granting of marriage portions to maidens was anciently a common practice, and it is still common in Roman Catholic countries. Many persons must have observed that in France it is frequent for the Sovereign to announce, in order to mark the favour with which he regards his reception in a particular district, that a certain number of marriage portions shall be distributed by a mayor or some other public official. In England the practice is condemned, and there are the strongest reasons to censure it. But there are two modes by which girls can be designated for marriage portions: either by an immediate choice and selection, so that until the gift is announced the anticipation of it cannot affect the habitual thoughts and mind of the recipient;—or by training the recipients from childhood to the expectation of being certain to receive it if a course of conduct marked out to be observed during a fixed period of time is followed. The first of these is what the Testator expressed, and is by no means exposed to very serious objections which should prevent the adoption of the other mode of donation. The probability is that the Testator himself would have said, "There shall be no long training in a school with the expressed intention of receiving money with a view to marriage on leaving school. If money is given on leaving school, let all words relating to marriage be expunged." So ought all persons to think; and the scheme, as it is now declared, might be shown, in this respect, to be obnoxious to the gravest censure. It is best, however, to abstain from arguing the objections, for they must suggest themselves to the mind of any reflecting person. It has the appearance of a coarse disposal of the girls, and exhibits an offensive disregard of the delicate character of the mind of every really well-educated woman.

The scheme would appear to have been drawn out under the direction of the continuing Trustees of the Charity, namely, the Drapers' Company, and the new buildings to have been erected by their authority, and subject to their approval. Had the Drapers' Company as Trustees been removed under Lord Langdale's decree, as it was desirable they should have been, the funds of the Charity would, in all probability, have been saved; public opinion in the Diocese of Llandaff might (or might not!) have been consulted in the administration of the Charity, and schools for girls conducted by well paid and instructed teachers might have been established throughout the mining districts. It is to the Trustees, and not to the Governors, that blame is to be imputed, unless indeed to such (if any) of the Governors who, before they acted as Governors, assented when the scheme was pending to that which was finally determined on. There must have been parties promoting the information in Chancery, and their assent is to be presumed to have been given to the acts of the Trustees since the date of the Decree. Did they connive at the jobbing which has been exposed in these pages?

What ought now to be done?

First, the Drapers' Company ought to be removed from the office of Trustees.

Secondly, a new scheme for the administration of the Charity ought to be obtained.

Thirdly, the great buildings at Llandaff and Denbigh should be sold with as little delay as practicable.

Failing the power to effect these measures, then this might be done:—

1. The Drapers' Company should be removed from the office of Trustees.

2. Powers should be obtained for a new scheme of administration.

3. The establishment at Denbigh to be sold in order to restore to Glamorganshire and Monmouthshire the moiety of the annual income of the Charity.

4. The building at Llandaff should be converted into an Institution for the Deaf and Dumb, open to the whole Principality, as the school at Swansea now is, and part of the income of such school made dependent on voluntary donations, in consideration of receiving boys as pupils.

5. That schools for girls should, from time to time, be built out of income set apart to accumulate for the purpose and out of the money arising from the sale of the Denbigh buildings, and that such schools should be endowed out of the remaining annual income.

Even if the buildings fell to ruin, it would be advantageous to the people of Glamorganshire and Monmouthshire—so that the income were applicable to schools for girls. There is, however, no necessity why they should fall to ruin, for the one at Llandaff would make an excellent County Hospital—an institution much needed in Glamorganshire. It might have served as a County Lunatic Asylum but that the new buildings for that purpose are determined on.

To make this statement of the affairs of Howell's Charity complete, it ought to conclude with an account of the income and expenditure of the funds from the year 1838 to the present time—especially distinguishing the amount expended in law costs, the purchase of land, architects' and builders' charges—money received on account of the sale of the Drapers' Hall and garden, &c. No such account is yet published, but the Trustees will no doubt consider it to be their duty to render it, and the Governors of the Charity to print it, and to print also, annually, the accounts of future years. Failure in such a duty is always personally dishonourable to those who manage Charities.

To the Public generally the case is important, on account of the illustration it presents of the little protection afforded by the Court of Chancery in the administration of charities, and the necessity of some provision by which particulars of schemes for the administration of local charities shall be published before they are sanctioned either by the Court of Chancery or by private Acts of Parliament.

Would it could be expected that those who have assented to the great wrong which has been done in the wasteful expenditure of the accumulated funds of the Charity, and in the censurable appropriation of the annual income, would become the prime movers of a change that might recover the whole annual revenue for the institution of Schools for Girls in the mining districts of Monmouthshire and Glamorganshire, so that the Charity might everywhere be recognised, as it ought now to have been, through the schools it might have been sustaining, to be a source of infinite blessing to many thousand families and female orphans who, under the present narrow and mischievous scheme, are deliberately excluded from its benefit! A little courage, a hope in human improvement, and an earnest sense of what is right, might accomplish a change even now. As it is, the funds and revenue of what might have been a noble and most useful Charity have been scandalously misapplied.

There is a solemn prayer, expressively setting forth the great principle of the Reformation, heard in the churches of Protestants at the time of Advent and on other occasions, in these words,—"Blessed Lord, who has caused all Holy "Scriptures to be written for our learning; grant that we may in such wise hear them, READ, mark, learn, and inwardly digest them, that by patience and comfort of thy Holy Word we may embrace and ever hold fast the blessed Hope of everlasting life which THOU hast given us in our Saviour Jesus Christ." If this Prayer were meant, as we believe, to refer to lay folk as well as to divines, there were means given for its accomplishment in a mighty and merciful degree through this Charity. But those whose acts have been related forgot the Invocation, and were ungoverned by its Spirit. That which they did or assented to being done must be regarded to be a great public calamity to the counties of Monmouth and Glamorgan.

Usk, January 7, 1860.

March 1, 1860 (Second Edition).

Appendix.

Note A.

After the publication of the first edition of this statement, I received many letters from gentlemen whose opinions are to be highly esteemed, very strongly condemning what has occurred. One writer says:—

"Could not Mr. Dillwyn, M. P., be induced to introduce into his Trustees Bill some compulsory power on Courts of Equity to publish proposed schemes in local newspapers, and so much of the history of a Charity as may enable the public to understand the objects of the trust and the application to the Court? A good case is a great help to bring about some such enactment."

A job sometimes means the abuse of power on the part of persons acting within the limits of authority. It is an abuse of this kind to make a Charity open to Dissenters practically the Charity of one denomination of religious believers. Children of Dissenters may be admitted, but if admitted the same paid provision for their religious superintendence should be honestly provided as in the case of other children. It is discreditable if Dissenters' Children are admitted without such provision. They have equal claims to those of others on the charity. A job also means waste, and the waste of a private inheritance, as well as of the funds of a Charity, is immoral and wicked.

As the children of Dissenters, when in these schools as permanent boarders, will be "at home," it will be an imperative duty on those who superintend their religious education to teach them, as their parents would have done, the religious principles or characteristic tenets of their sect. Every child when "at home" is so taught, or, at all events, the being so taught is always affirmed by divines to be a moral obligation of the highest degree on parents, guardians, or persons exercising domestic control over children. As such children may be admitted to the schools at Denbigh and Llandaff, it must be assumed they will be admitted on terms securing such instruction. This being so, the Bishops of St. Asaph and Llandaff must, if they fulfil the duty they have undertaken truly and faithfully, take care that such children are daily educated as "at home" in the principles of Dissent professed by their parents, as other children are taught the principles of the Established Church, or a solemn duty will be neglected. As respected a mere day-school it would not be so, for the attendants on such schools continue under the immediate domestic control of those in whose care they are.

There is a negative duty of non-interference with the religious professions of belief of the children promised by the rules of the Charity, but this can never supersede the duty of direct teaching; and surely Dissenters will demand the domestic teaching of their tenets to the children of their sects?

One child of a Dissenter, it is said, has been already nominated for admission, and it will be a gross breach o faith if, after providing by the rules for the admissibility of Dissenters, and boasting of their admissibility the children of Dissenters are not admitted, pari passu, with other children.

There therefore arises out of this state of things, as well as from the general facts which have been discussed, the gravest possible moral questions, the solution of which involves the whole scheme of the Charity.

There is also a great moral difference in persons aiding the ministers of different sects to promote religious instruction, and in engaging themselves in direct teaching. Those who superintend religious teaching should themselves believe in the arguments connected with such teaching. Those who will not and ought not to teach without such belief may and ought, nevertheless, to entertain sincere respect for the earnest belief of those with whom they differ; in the one case, there may be aid given in humble submission to the possible and probable errors of human judgment; but in the other case, namely, of direct religious teaching, there can be no speaking without an utterance of what the teacher thinks to be error or to be false, unless the teacher believes in what he teaches.

Note B.

The arguments the writer has heard against this Pamphlet are something to this effect: Parliament has dealt with the Charity funds, and the Court of Chancery has sanctioned what has been done; therefore, why not leave all that has been done uncensured? Or, Parliament might have placed the distribution of the funds in any locality; and as the inhabitants of the counties of Glamorgan and Monmouth had no legal title to claim the fund, therefore any complaint respecting what has been done is idle and vain. The morality of such reasoning is corrupt, and if it were not so, it would sanction the suppression of all rebuke of completed acts, however morally wrong. Parliament, it is true, had power to direct the distribution of the funds by a shilling per head among the whole population of the kingdom, as well as to appropriate it to the use of thirty orphan inmates and others in the Institution at Llandaff, and to twenty-five orphan inmates and others in the Institution at Denbigh, selected, if it so pleases the Governors, from any part of the United Kingdom. This is perfectly true, but who could commend such acts? Parliament, in making a special law. relating to Howell's Charity, expressed the opinions of certain persons who caused that law to be made, and the chief object of this Pamphlet has been to criticise, for a public object, the morality of those who procured the enactment of that law—such law having caused a waste of the Charity funds in brick and mortar, reduced the usefulness of the Charity to the lowest possible degree, and showing a disregard of great public interests. It was necessary to give a locality to the administration and application of the funds, and the fund was rightly assigned in part, and should have been assigned in its entirety, to a district within the diocese of Llandaff, although it was not a Church Charity fund. The county of Monmouth was in possession of the Charity, so far as it had any locality, on account of the payments made through a very long series of years in the locality, and up to the time of the filing of the information. The proper locality of the Charity being settled, the next step was to deal with the Charity, with a view to benefit females, and doing this, the moral condition of the women living in the mining districts of the diocese of Llandaff should have been thought of. Had this been done, how many might have been rendered children of Virtue whose fate will probably be hereafter as deplorable as that of those very many poor and uninstructed beings who live in sight of Llandaff, and who, if there had been no waste of the great means possessed for their instruction, might have been preserved from Vice. It is a matter of very little importance that there was a legal right to waste the funds of the Charity in discussing the conduct of those who interfered in their disposal.

There are certain persons, it must be admitted, who cannot be convinced through this reasoning. Who indeed could be convinced, who could deliberately dispose of the funds in the manner related, and divide them, though distributable among Dissenters, under the chief superintendence of the Bishops of St. Asaph and Llandaff, making no selection of Dissenters to be Governors?

That no enlarged view of the value of the Charity should have prevailed among the Trustees is not at all remarkable, the London Companies having long since practically asserted the doctrine that little boarding schools and almshouses—of great cost and having vast buildings—are the best of Charities.

Note C.

The advantages of publishing the accounts of Orphan Charities have lately been thus shown:—

"By the list of orphans in the Merchant Seamen's Orphan Asylum, December 31, 1858, it appears that there were 73 boys, with girls, making up a total of 110. The Balance Sheet shows salaries to Secretary, Clerk, and Collector, 360l. 6s. 2d. The salaries of Masters, Matron, Schoolmistress, and Porter, 198l. 9s. 7d. ! School-books, 9l. 3s. 3d. Here is foed for reflection! Mark, I beseech you, the cost of the educational staff, the 'plant' for educational purposes; compare it with the salaries to the late faithful Secretary, the Clerk, and Collectors—360l. 6s. 3d. ! The expense of the dinner and collection, 158l. 1s. 9d., over and above 51l., the proceeds of dinner-tickets. Nine pounds' worth of school-books for the school as the cost to the Institution for the education of 110 orphans!"—Letter of "S. G. O." to the "Times," January 5, 1860.

In the Sailors' Orphans Girls' School and Home (an Institution commended by "S. G. O."), the maintenance item for fifty children is 1,262l. 15s. 10d. This may afford a measure of the expense of the proposed maintenance of girls at Denbigh and Llandaff, exclusive of salaries to teachers, servants, &c.

Note D.

In the same year in which the Act of Parliament of the 15th and 16th Vict., ch. 14, relating to Howell's Charity, was passed, the Act of the 15th and 16th Vict., ch. 17, was passed for "the Regulation of the Charity founded by George Jarvis for the benefit of the Poor of the Parishes of Stanton-on-Wye, Bredwardine, and Letton, all in the county of Hereford, and for other purposes." George Jarvis, of Weston Green, Thames Ditton, in the county of Surrey, who died February 12, 1793, by his will left the yearly income arising from a sum of 30,000l., and from the residue of his personal estate, to be divided in certain proportions among the poor inhabitants of the parishes of Stanton-on-Wye, Bredwardine, and Letton, in the county of Hereford, in money, provisions, physic, or clothes, as his trustees, or the major part of them, should think fit. Having a fear of architects, builders, and of gentlemen who assume to possess great architectural taste, he declared expressly that "His Mind and Will was, that none of the "said trust monies should be appropriated in erecting any "public or other building whatsoever." The funds of the Charity in the year 1801 amounted to the sum of 75,544l., producing an income of 2,313l., but subject to increase when certain annuities should terminate; in 1822 the Charity fund amounted to 92,496l., and produced an income of 2,774l., and in the year 1851 the fund amounted to 100,015l. 12s. 7d., and the income was 3,000l. 9s. 4d.

The effect of this large sum to be distributed in charity was chiefly to enable the farmers to reduce the amount they themselves paid in wages to labourers who received money from the Charity, but other abuses sprung up of a very serious character. It was necessary there should be a new scheme for the administration of the Charity. Here, again, was a fund which, if efficiently applied to the education of the poor in Herefordshire, would have been the source of infinite blessing to them. The labourers in the parishes named perfectly well understood that the Charity, as then applied, chiefly benefited their employers, and it would be difficult to conceive in what manner any public fund directed to be distributed among the labouring or other population of a district generally could have any other result than the corruption of morals. It was determined to resort to Parliament in order to obtain an Act for the better regulation of the Charity, and for the establishment of some schools. This application was made, and then another form of abuse—namely, of jobbing— became triumphant. The parties who framed the rules of Howell's Charity at Llandaff seem to have been the same as those who framed the rules of Jarvis's Charity—or, the rules of the one were chiefly copied from the other. They both, so far as the writer has seen those of Howell's Charity, exhibit much identity of expression and an equal narrowness of intellect in their conception. If they were hatched in the Court of Chancery, it is time such a breeding establishment should be closed. Powers were given by the Act of Parliament to the Trustees to build out of the funds of Jarvis's Charity, and the expenditure of money on buildings has been most wasteful: it is said 30,000l., or the amount of the original bequest, which the Testator expressly forbad to be expended towards any building, has been expended in buildings.

The following is from the population returns of the year 1851:—

Population.Houses.
Bredwardine42289
Staunton586122
Letton21453
Total1,222264

The wise proposals of the eminent and intelligent Dean of Hereford (the Rev. R. Dawes) in respect of the regulation of this Charity when the new scheme was pending were utterly disregarded: they sanctioned no jobbing.

Denbigh School, for the Board, Clothing, and Education of 25 Female Orphans.

Founded by Thomas Howell.

Trustees.

The Drapers' Company of London.

Local Governors.

Information in Attorney-General v. Drapers' Company.

The Right Rev. the Lord Bishop of St. Asaph.

The Very Rev. Charles Butler, Dean of St. Asaph.

The Right Hon. Lord Bagot, Pool Park, Ruthin.

John Parry Jones, Esq., Denbigh.

Thomas Hughes, Esq., Ystrad, Denbigh.

Townshend Mainwaring, Esq., M.P., Galltfaenan, Rhyl.

Frederick Richard West, Esq., Ruthin Castle.

The Rev. Lewis Lewis, Denbigh.

Robert Eaton Blackwall, Esq., Doltryfryd, Denbigh.

The Rev. Robert Myddelton, Gwaenynoy, Denbigh.

The Rev. Edward Smart, Henllan, Rhyl.

Col. Herbert Watkins Williams Wynn, M.P., Cefn, St. Asaph.

Brownlow Wynne Wynne, Esq., Garthewin, Abergele.

Edward Humphrey Griffith, Esq., Plasnewydd, Rhyl.

Lieut.-Col. John Edward Madocks, Glanywern, Denbigh.

The Rev. David Lewis, Trefnant, Rhyl.

Llandaff School, for the Board, Clothing, and Education of 30 Female Orphans.

Founded by Thomas Howell.

Trustees.

The Drapers' Company of London.

Local Governors.

The Right Rev. the Lord Bishop of Llandaff.

The Rev. John Montgomery Traherne, Coedriglan, near Cardiff.

Charles Octavius S. Morgan, Esq., M.P., The Friars, Newport, Monmouthshire.

The Rev. Thomas Stacey, Llandaff.

The Right Hon. Lord Tredegar, Monmouthshire.

The Hon. Robert Windsor Clive, M.P., St. Fagan's, Glamorganshire.

The Rev. Roper Trevor Tylor, Llantrithyd, near Cardiff.

Evan David, Esq., Fairwater, near Cardiff.

The Rev. Edward Hawkins, Newport, Monmouthshire.

John Coke Fowler, Esq., Llandaff.

Charles Croft Williams, Esq., Routh Court, near Cardiff.

Col. Charles Kemeys Kemeys Tynte, Esq., Cafr Mabley, near Cardiff.

Edward Priest Richards, Esq., Cardiff.

John Bruce Pryce, Esq., Duffryn, near Cardiff.

The Very Rev. Thomas Williams, Dean of Llandaff.

Richard Bassett, Esq., Bonvilston, near Cardiff.

15 & 16 Vict.—Sess. 1852. Howell's Charity. Regulation, Extension of Objects, and Management.

Arrangement of Sections.

Section.
Company empowered to purchase House No. 29, Throgmorton Street, according to the Provisions of 9 & 10 Vict. c. 191
Court of Chancery empowered to extend Charity to establishment and maintenance of Girls' Schools in Wales2
Orphans of the Blood of the Founder to be preferred, and to have Marriage Portions3
The Bishop of the Diocese shall be an ex-officio Governor of the several Schools4
Company to purchase Sites for Schools5
Company empowered to grant Building Leases, and to sell, exchange, and manage Charity Estates under direction of Court of Chancery, according to Provisions of Scheme6
Company may lay out Surplus of Annual Income in the Purchase of Land7
Expenses of Act8
Interpretation of Act9
Saving Rights of Her Majesty10
Act printed by Queen's Printers to be Evidence11

An Act for the Regulation and Management of the Charity founded by Thomas Howell in or about the Year One thousand five hundred and forty; and for other Purposes. [Royal Assent, 30th June 1852.]

Whereas an Information was, on the Twenty-seventh day of July, One thousand eight hundred and thirtyeight, filed by Her Majesty's Attorney-General in the High Court of Chancery against the Master, 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, for the establishment and regulation of the above-mentioned Charity: And the said Information stated, amongst other things, that Thomas Howell, who died at Seville, in the kingdom of Spain, in the year One thousand five hundred and forty (being the Thomas Howell above mentioned), by his Will directed his Executors to send to the city of London Twelve thousand Ducats of gold, to be delivered to the House named Drapers' Hall and the Wardens thereof, the said Wardens to have in charge that, as soon as they should receive the same, they should therewith buy for the said House Four hundred Ducats of 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 Company 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 successors, 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, Coleman 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 successors 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 Eighth, 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 mentioned in the said Indenture, in the Parish of Saint Peterle-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 of 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 the 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 Way to the said Capital Messuage and Tenement thereto belonging by the Gate called Friars Gate to Broad Street: 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 had received the Legacy thereby bequeathed, and had purchased with part thereof Lands 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 Seventy pounds, which they had bestowed in the Marriage of Maiden Orphans as therein mentioned, and that they always intended 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, by 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 Llandaff for the time being, or if vacant by the Dean and Chapter of the same Diocese, in writing under their respective seals, and delivered 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 living, on which Certificate 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 their use: And, if it should happen at any time that 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, provided 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, payment 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 sums of Eighty-four pounds and Twentyone 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 should at anytime 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 Lands and Tenements or other yearly hereditaments to the yearly value of Sixteen pounds or under, that the said Master and Wardens should yearly thenceforth pay on Certificate as aforesaid to Four 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 Llandaff, 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:

Answer of the Defendants.; Decree of the Master of the Rolls, 29th April 1845.

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, and 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 the Right Honourable the Master of the Rolls, and a decree was made by his 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 applicable 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 Thirtyfirst day of March, One thousand five hundred and fortythree, and the Letters Patent of the Fourth day of July in the Thirty fifth year of King Henry the Eighth, were held by the said Company in trust for the charitable purposes in the said Will declared: And it was further 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 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 any and what extension of charitable objects and uses should be made of the said Charity, so as to embrace other objects than those immediately 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 effect 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 Disposition of the Purchase Money to be paid by the said Defendants for the same:

Master's Report, 12th February, 1846.

And whereas Sir George Rose, the Master to whom the said Cause stood referred, made his Report dated the Twelfth day of February, One thousand eight hundred and 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 so purchased; and that if the said Hall and Gardens were then to be sold, it would, under the circumstances mentioned 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:

Order of Master of Rolls, 10th March, 1846.; Indenture of Lease, 16th April, 1846.

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 December, One thousand eight hundred and forty-three, at the yearly rent of One hundred and twenty pounds:

Order of Master of Rolls, 2nd June, 1846.; Master's Report, 4th June, 1846.; Confirmed by Order of Master of Rolls, 6th June, 1846.

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 mentioned): 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.

9 & 10 Vict. c. 19.

And whereas an Act was passed in the Tenth year of the reign of her present Majesty, intituled "An Act to authorise 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 forty-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 eight hundred and forty-six, and the said Master's said 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 Master and Wardens and Brethren and Sisters, as the Trustees of the said Charity Estates, at any time thereafter, with the approbation and under the direction of the Court of Chancery, absolutely to make sale and dispose of the Freehold Reversion 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 payment 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 forever, 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 it was also enacted, That the hereditaments and premises comprised 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 aforesaid: 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 aforesaid, 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 v. 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 Purchase 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 Chancery, to be obtained in the manner in the same Act mentioned and provided in that behalf:

Report, 4th March, 1851.

And whereas the said Master to whom the said Cause 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 hundred 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 Company 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 of 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 expiration of the Leases, and that it was alleged that they had been offered 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 thirty-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 contemplated by the said Testator, and that a Scheme had been proposed by the said Attorney-General for the future administration and management of the said Charity and the Estates and Property thereof and the application of the Income thereof, including an extension of the Charitable objects and uses of the said Charity other than those immediately contemplated by the said Testator; And the said Master further stated, that he had perused and considered such proposed Scheme, and approved thereof as a proper Scheme for the purposes aforesaid; and that in a Schedule annexed to his said Report, he had set forth the particulars of such Scheme: And the said Master further found, that it was necessary that an Act of Parliament should be obtained for carrying into effect such Scheme; and, the Draft of a Bill for such Act having been laid before him, that he had perused and settled and approved of the same as a proper Bill for an Act of Parliament to be applied for, for the establishment of such extended Scheme for the Appropriation and Application of the Income of the said Charity Estates as aforesaid: And the said Master further found amongst other things, that the said Hall and Buildings had been purchased by the said Defendants under the provision of the said Act of the ninth and tenth years of the reign of her present Majesty, with the approbation of the Court, and that the same had been duly conveyed to or to the use of the said Defendants discharged of the said Trusts: And the said Master further found, that at the time of the passing of the said Act, a Messuage or Tenement situate at the West end of the said Hall, being Number Twenty-nine in Throgmorton Street, and part of the said Charity Estates, was not included in the provisions of the said Act, the same having been then treated as a separate tenement, but that such messuage or tenement had been since added to the said Hall, and was then occupied by the Clerk of the said Drapers' Company; and that the said Drapers' Company were desirous of purchasing the same, and that the provisions of the said proposed Act should be extended so as to enable them to do so, and that he was of opinion that the said proposed Act should be extended accordingly; and that he had therefore in settling the said Bill for an Act of Parliament to be applied for for the establishment of the said extended Scheme as aforesaid, settled the same so as to enable the said Defendants to purchase the said Messuage or Tenement situate at the West end of the said Hall, being Number Twenty-nine in Throgmorton Street aforesaid, and then in the occupation of the said Clerk of the said Drapers' Company as aforesaid, discharged from the Charitable Trusts to which the same was then subject; and the said Master further stated, that he had caused the said proposed Bill to be engrossed on Nineteen sheets of paper, and in testimony of his approbation thereof, he had signed his allowance at the foot of the said Engrossment:

And whereas by an Order made in the said cause bearing date the Fifteenth day of March, One thousand eight hundred and fifty-one, it was ordered, that the Master's said Report should be confirmed:

And whereas by a Further Order made in the said cause, dated the Fourth day of March, One thousand eight hundred and fifty-two, it was ordered, among other things, that application should be made to Parliament by her Majesty's Attorney-General for an Act enabling the Court of Chancery to extend the said Charity to the establishment, maintenance, and benefit of Schools in Wales for the Instruction of Girls, and the maintaining, clothing, and providing portions for the Orphan Inmates educated in the Schools to be so established, and the keeping up the establishment for such Schools, in such manner as the said Court should think fit, and also enabling the said Company to purchase the said Messuage or Tenement, Twenty-nine Throgmorton Street, for their own use, and as Trustees for the said Charity to purchase and hold sites for the Schools to be so established, and also to let, sell, exchange, and otherwise manage the Estates of the said Charity, and to invest the surplus income thereof in the purchase of land under the direction of the said Court; and it was further ordered, that the Bill to be so introduced into Parliament for obtaining such last-mentioned Act should be in accordance with the Draft Bill, which was therein stated to be produced in Court, and marked with the letter A. and with the initials of the Registrar, at the time of making such Order; and the Draft Bill so produced in Court and marked as aforesaid corresponds with the Bill which is intended to be passed and enacted by this Act:

And whereas the said Messuage or Tenement situate at the west end of the said Hall in Throgmorton Street aforesaid, together with the appurtenances, is described in the Schedule to this Act annexed:

May it therefore please Your Majesty, That it may be enacted, and be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled, and by the authority of the same:

Company empowered to purchase HouseNo. 29, Throgmorton Street, according to the provisions of 9 & 10 Vict. c. 19.

I. That it shall be lawful for the said Master and Wardens and Brethren and Sisters, as the Trustees of the said Charity Estates, to sell and convey unto them the said Master and Wardens and Brethren and Sisters, for their own use and benefit the said House and Premises, Number Twenty-nine Throgmorton Street, described in the said Report of the said Master, of the Fourth day of March, One thousand eight hundred and fifty-one, and in the Preamble of this Act, with the appurtenances, for such price, in such manner and subject to such conditions and provisions as to the said Court of Chancery shall seem reasonable, and upon payment of the purchase money thereof, to hold the same purchased hereditaments and premises unto them, their successors and assigns, freed and discharged from all Charitable Uses and Trusts now subsisting and affecting the same; and that, for the purpose of the Sale and Conveyance so hereby authorised to be made as aforesaid, all and singular the powers, enactments; and provisions contained respectively in the said herein-before recited Act of the Tenth year of the reign of her present Majesty, with respect to the hereditaments by the same Act authorised to be sold and conveyed by the said Master and Wardens and Brethren and Sisters as aforesaid, and with respect to the conveyance of the same purchased hereditaments, and the payment, application, and investment of the purchase money thereof, and the costs of or attending such purchase, or otherwise connected with or relating to the Sale or Conveyance by the same Act authorised to be made as aforesaid, shall extend and apply to and include the aforesaid House and Premises, Number Twenty-nine, Throgmorton Street, with the appurtenances, and the Sale and Conveyance hereby authorised to be made thereof, as fully and effectually as if all the same powers, enactments, and provisions were herein contained and repeated.

Court of Chancery empowered to extend Charity to Establishment and Maintenance of Girls' School in Wales.

II. That it shall be lawful for the Court of Chancery to extend the said Charity to the establishment, maintenance, and benefit of Schools in Wales for the instruction of Girls, and the maintaining, clothing, and providing portions for the Orphan Inmates educated in the Schools to be so established, and the keeping up the Establishment for such Schools in such manner and subject to such provisions and regulations as the said Court shall from time to time order or direct, and from time to time to make and give such Decrees, Orders, or Directions in relation to the Charity and the Premises as shall be requisite or proper, having regard to the extension hereby authorised as aforesaid: Provided, that for the purposes of this Act the whole of the Diocese of Llandaff shall be deemed to be in Wales: Provided also that in preparing such Schemes preference shall be given to the Diocese of Llandaff, both as to the priority and size of the foundations to be established and maintained under the authority of this Act; and that not more than One School shall be established or maintained from the proceeds of the said Charity beyond the present limits of that Diocese.

Orphans of the Blood of the Founder to be preferred and to have Marriage Portions.

III. That if any Orphan Maiden, who shall be certified by the Bishop of Llandaff to be of the blood of the said Thomas Howell, shall apply to be admitted into any of the Schools established or maintained under the authority of this Act, such person shall be preferred to all others; and that every Orphan Inmate of any of the said Schools, who shall have been duly certified to be of the blood of the said Thomas Howell, shall, after leaving such School and being of unblemished character, be entitled on her marriage to a Marriage Portion of Two hundred pounds out of the funds of the Charity; and that the Governor may advance a portion of such sum for her benefit in the meantime.

The Bishop of the Diocese shall be an ex-officio Governor of the several Schools.

IV. That the Bishop of the Diocese in which any of the said Schools shall be established shall be ex officio a Governor of such School, and shall, when present at a Meeting of the Governors of such School, be the Chairman thereof.

Company to purchase Sites for Schools.

V. That it shall be lawful for the said Company, their successors and assigns, by and under the order and direction of the said Court of Chancery, to purchase and hold such pieces of ground as sites for the Schools to be established as aforesaid, and the Buildings and appurtenances to be attached thereto, as shall be approved of by the said Court; and that such pieces of ground when so purchased shall be conveyed unto or otherwise vested in the said Company, their successors and assigns, upon trust for the said Charity, in such manner as the said Court of Chancery shall order or direct.

Company empowered to grant Building Leases, and to sell, exchange, and manage Charity Estates under Directions of Court of Chancery, according to Provisions of Scheme.

VI. That it shall be lawful for the said Company, their successors and assigns, from time to time, with the sanction and approbation of the said Court of Chancery, to grant and contract for the grant of any building, improving, or other Leases for any term or number of years, of all or any part of the lands, estates, and property for the time being belonging to or held in trust for the said Charity, and also to sell and convey or exchange and contract for the sale and conveyance or exchange of all or any part of the same lands, estates, and property for such rents, at such prices, upon such terms and conditions, and with and subject to such powers and provisions, and in such manner respectively, as the said Court of Chancery shall from time to time by its order authorise or direct; and for the purposes aforesaid, or any of them, and also for the improvement or better management of the said Charity Estates, or any of them, to make and execute all or any such Deeds, Leases, and Conveyances, and accept all or any such Surrenders, and to make and enter into all such contracts and arrangements, and do all such acts, matters, and things whatsoever, as the said Court of Chancery shall in manner aforesaid authorise or direct.

Company may lay out surplus of Annual Income in the Purchase of Land.

VII. That it shall be lawful for the said Company, their successors and assigns, from time to time, with the sanction and approbation of the Court of Chancery, to lay out and invest the surplus Rents and Profits and Income of the Charity Estates and Property, and all or any monies arising from any sale or exchange of the said Charity Estates and Property, or any part thereof, and all or any other monies for the time being belonging to the Charity, in the purchase of lands or hereditaments or Government or Real Securities; and that from time to time, when and as often as any such purchase or investment shall be made as aforesaid, the lands and securities respectively so to be purchased or obtained shall be conveyed and transferred unto or otherwise vested in the said Company, their successors and assigns, upon trust for the benefit of the said Charity, as the Court of Chancery may from time to time direct.

Expenses of Act.

VIII. That all the costs, charges, and expenses incident to and attendant or in anywise relating to the applying for, obtaining, and passing this Act, and incidental and preparatory thereto, shall be paid out of the Charity Estates, monies, and property, in such manner as the said Court of Chancery may from time to time direct.

Interpretation of Act.

IX. That in this Act the following words and expressions shall have the several meanings hereby assigned to them, unless there be something in the subject or context repugnant to such construction (that is to say),

"Company."

The expression "Company" shall mean and include the Drapers' Company by their Corporate name of "The Master, Wardens, and Brethren and Sisters of the Blessed Mary the Virgin of the Mystery of Drapers of the City of London," and their successors and other the Trustees for the time being of the Charity.

"Charity."

The expression "The Charity" shall mean the said Charity founded by Thomas Howell as established and administered under the authority of this Act.

Saving Rights of Her Majesty.

X. Saving always to the Queen's most Excellent Majesty, her Heirs and Successors, and to all and every other person or persons, bodies politic or corporate, his and their heirs, executors, administrators, successors, and assigns (other than and except the said Company), all such estate, right, title, interest, property, benefit, claim, and demand whatsoever of, in, to, or out of the said several lands, estates, and premises by this Act directed to be held by or vested in the said Company, their successors and assigns, in trust for the said Charity as aforesaid, or any of them, or any part or parts thereof respectively, as he or they or any of them had before the passing of this Act, or would, could, or might have had in case this Act had not been passed.

Act printed by Queen's Printer to be Evidence.

XI. That this Act shall not be a public Act, but shall be printed by the several printers to the Queen's most Excellent Majesty duly authorised to print the Statutes of the United Kingdom, and a copy thereof so printed by any of them shall be admitted as evidence thereof by all Judges, Justices, and others.

Schedule to which the foregoing Act refers.

A Messuage or Tenement situate at the West End of Drapers' Hall, being Number Twenty-nine, Throgmorton Street, in the City of London, in the occupation of the Clerk of the Drapers' Company.

C. F. Yates.

Howell's Charity Estate Bill.

Arrangement of Clauses.

Drapers' Company Empowered to Sell; Sec. 1.

Premises when Sold to be Discharged from Charitable Trusts; 2.

Money to arise from Sale of the Drapers' Hall to be paid into the Bank of England; 3.

Receipt of Accountant General and Cashier of the Bank of England to Discharge the Purchaser; 4.

As to Application of Monies to be Paid into the Bank; 5.

Money to be Invested till Purchase Effected; 6.

Expenses of Act and Costs of Sale to be Defrayed by the Company; 7.

Court of Chancery Empowered to Tax Costs; 8.

Court of Chancery Empowered to make Summary Orders; 9.

Saving Rights of the Crown; 10.

Interpreting Terms Used; 11.

Copy of Act to be taken as Evidence; 12.

A Bill intituled, An Act to authorise the sale of part of the Charity Estates vested in "The Master, 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.

Preamble.; Information filed 27th July 1838.

Whereas an information was, on the 27th day of July 1838, filed by Her Majesty's Attorney-General against the Master, 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 (stating amongst other things),—That Thomas Howell, who died at Seville, in the kingdom of Spain, in or about the year 1540, by his will directed his executors to send to the City of London 12,000 ducats of gold, to be delivered to the house named Drapers' Hall and the wardens thereof, the said wardens to have in charge that as soon as they should receive the same, they should therewith buy for the same house 400 ducats of rent yearly for ever to have in possession; and willed further, that the said 400 ducats of rent 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 100 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 100 ducats, and to spend the said 400 ducats in marriage every year, to marry four maidens for ever; and if the said 12,000 ducats would buy more than the said 400 ducats of yearly rent, to bestow the residue in marriage of maidens, being orphans, and to increase of the said four maidens' marriage as best should seem to the wardens of the said house; and that it was stated by the said Company of Drapers in their answer to the bill in a suit therein-after mentioned, as the fact was, that after long suit and great expense there had at length been sent into England in oils for the use of the Company as much as amounted to 8,720 ducats, but that as to the residue of the said 12,000 ducats, they could not obtain the same from the executors, and that with the money they had received for the said oils, the costs, charges, and losses deducted, they had purchased in tenements and gardens in the city of London as many as amounted to the yearly rent of 105l. or thereabouts; and that by an indenture bearing date the 31st day of March 1543, made between King Henry the Eighth of the first part, and the said Master, Wardens, Brethren, and Sisters of the Company of Drapers of the other part, the said King, for the consideration therein-after expressed, bargained, sold, and granted to the said Master, Wardens, Brethren, and Sisters, and their successors, the capital messuage and two gardens and other buildings to the same annexed, in the parish of Saint Peter-le-Poor within ward of Broad Street, in the city of London, and in the parish of Saint Stephen, Coleman Street, paying yearly 10s. 4d. into the Court of Augmentations, and the sad 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 1,200l. And the said Master Wardens, Brethren, and Sisters, in further recompense and satisfaction of the said messuage, gardens, and other the premises before mentioned, did for themselves and their successors covenant with the said King and his successors, that they and their successors should and would yearly thereafter give, distribute, and dispose 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 4th day of July, in the 35th year of the Reign of King Henry the Eighth, His said Majesty, in consideration of 1,800 marks, granted to the Master, Wardens, Brethren, and Sisters of the said Company of Drapers, the capital messuage, tenements, and gardens mentioned in the said Indenture, in the parish of Saint Peter-le-Poor, and abutting on Broad Street South, and the messuages, tenements, and cellars lying together near the Church of the Convent of the Augustine Brothers, in the said Parish, and in the Ward of Broad Street, abutting on the said Street, leading towards Lothbury on the South, and the way leading to the Priory of the Augustines on the North. Also, a messuage or tenement, cellars, and a gatehouse, fronting south towards Broad Street, and abutting north on the Churchyard of the said Convent, and a Watercourse and running of Conduit Water to the said capital messuage and a way to the said capital messuage and tenements thereto belonging, by the Gate called Friars Gate, to Broad Street: And that the property held by the said Company in the Parish of St. Peter-le-Poor lay all together, and consisted of the said Company's Hall and Gardens on the west side, and partly on the north, and was bounded partly on the north and east sides by Austin Friars, and on the south by Throgmorton Street: And that the remainder of the property was situated as in the said Information stated, and that the said consideration of 1,800 marks in the said Letters Patent were in fact part of the said sum of 8,720 ducats received by the Company as aforesaid, according to the true intent and meaning of the said Testator's Will, and that under the circumstances aforesaid, the said Company were bound to pay and apply the whole of the net income arising from the said property to the purposes of the said Charity, and that they were not entitled to appropriate any part thereof to their own use, and that the whole of the said lands and premises were in fact the property of the said Charity, and were held by the said Company on trust only for the said Charity, and after charging as therein mentioned: It was, amongst other things, prayed that the said Charity might be established, and that it might be declared that the whole of the funds or sums of money which came to the hands of the said Company under and by virtue of the said will were applicable to the charitable purposes in the said will mentioned, and that the whole of the said lands and premises were held by the said Company in trust for the charitable purposes in the said will declared, and that it might be ascertained of what the lands, tenements, and premises belonging to the said Charity in the hands of the said Company consisted, and that all necessary measures might be taken for securing the same to the said Charity, and that an account might be taken for such term as to the Court might seem just of the rents and profits of the said lands and premises, including premiums and fines on granting or renewing of leases thereof, which had been received by the said Company, or on their behalf, and also on account of such sums as during the same time had been properly applied by the said Company to the purposes of the said Charity, and that it might be ascertained what was due from the said Company on the balance of the said account, and that the said Company might be decreed to make good and pay, as the Court should direct for the benefit of the said Charity, the amount of such balance, and that all proper directions might be given for the purpose of securing to the said Charity the rents, profits, and income of the said property for the future, and that it might be referred to the Master to approve of some proper scheme for the application and appropriation of the sum coming from the said Company to the said Charity, and the future rents and profits, and income of the said lands, tenements, and premises, in such manner as the Court might seem fit.

And whereas the said defendants to the said information put in their answer thereto, and (amongst other things) admitted that the property held by the said Company in the Parish of Saint Peter-le-Poor, did lie together, or nearly so, and that (amongst other property) it did consist of the Company's Hall and Gardens and some other Tenements, and that no rent was paid for the said Hall and Gardens, and that the said Hall and Gardens formed part of the said trust property.

And whereas the said Attorney-General amended the said information so filed against the said defendants, who put in an answer thereto, and the cause came on to be heard on the 3rd day of May 1843, before the Right Honourable the Master of the Rolls, and a Decree was pronounced therein.

And whereas by a Decree made by his said Lordship, on the hearing of the said Information on the 29th day of April 1845, his said Lordship did declare that the whole of the funds, or sums of money, which came to the hands of the defendants under and by virtue of the will of the said Thomas Howell, the testator, were applicable to the charitable purposes in the said will mentioned, and that the whole of the said land and premises mentioned in the indenture of the 31st day of March 1543, and the Letters Patent of the 4th day of July in the 35th year of King Henry the Eighth, and which were held by the said Company, were held by the said Company in trust for the charitable purposes in the said will declared, and his Lordship did order and decree that it should be referred to the Master to whom the cause stood referred to take an account of what the property of the Charity then consisted, and what was the then present income arising therefrom; and it was ordered that the said Master should take an account of all sums received by the defendants, or by any other person or persons, by their order or for their use, in respect of the said lands and premises, and property, from the 3rd day of May 1843. And it appearing that the present Hall of or occupied by the defendants, and the buildings attached thereto, stood on the site of part of the Charity Estate, and were rebuilt by the said defendants in the year 1772. His Lordship did declare, that the defendants, the Drapers' Company, ought to be charged with such a ground-rent for and in respect of the site of the said hall and buildings, and for the gardens attached thereto, as according to the value of the said site and gardens in the year 1772 would have been reserved on a building lease thereof, for a term of 99 years, if a building lease thereof had been granted in the said year 1772 for building the said hall and buildings, and laying out the said gardens as the same respectively then were at the date of the order now in recital, and that the said defendants ought to be charged with and to pay such ground-rent, to be so ascertained for the residue then to come of a term of 99 years, to commence and be computed from the said year 1772. And it was ordered that it should be referred to the said Master to inquire and state to the Court whether, under the circumstances of the case, it would be fit and proper, and for the benefit of the said Charity, that instead of charging the defendants, the Drapers' Company, with a ground-rent for the site of the said hall and buildings and for the said gardens, to be ascertained in manner aforesaid, for the residue then to come of a term of 99 years, to commence from the said year 1772, they the said defendants should be charged with and should pay for and in respect of such site and gardens a rent of 360l. a year, for a term of 50 years, to be computed from the 3rd day of May 1843, or for any other and what period, or for any other and what term, and if the Master should find that it would be for the benefit of the said Charity that the said defendants should pay the said rent of 360l. a year for such term of 50 years, to be computed from the time aforesaid, or from any other time, or for any other term, then it was ordered that the said Master, in taking the accounts of rents and profits therein-before directed against the said defendants, should charge them accordingly with such rent; but if the said Master should be of opinion that it would not be for the benefit of the said Charity that the said defendants should be charged with and should pay the said yearly rent of 360l. for the said term of 50 years, or for any other term, instead of such ground-rent, to be ascertained as aforesaid for a residue of a term of 99 years, to commence and be computed as aforesaid, then that the Master, in taking the said account of rents and profits, was to charge the defendants with such ground-rent as aforesaid; and it was ordered that the sum of 3,000l. should be paid by the defendants, the Drapers' Company, as and by way of commutation for and in respect of the rents and profits of the said Charity Estate and hereditaments accrued previously to the said 3rd day of May 1843, in manner herein-before directed; and it was ordered that the said Master should approve of and settle a scheme for the future administration of the said Charity, and the application thereof. And it was ordered, that it should be referred to the Master to inquire and state whether, 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 any and what extension of charitable objects and uses should be made of the said Charity, so as to embrace other objects than those immediately 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 effect such scheme as he might approve of; and if he should be of opinion that an Act of Parliament 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 Defendants of such part of the said Charity Estates whereon the said hall and buildings occupied by the Petitioners the Defendants as aforesaid 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 disposition of the purchase money to be paid by the said defendants for the same.

And whereas Sir George Rose, the Master to whom the said cause stood referred, by his report, bearing date the 12th day of February 1846, found amongst other things, that with the money the said Company received from the 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 105l., or thereabouts. And he found that the site of the said Hall, with the gardens thereto belonging, were part of the hereditaments so purchased, and that the site whereon the said Hall and buildings had been built was situate in and had a frontage towards Throgmorton Street, in the City of London, and such site, together with the gardens appurtenant to the said Hall, extended backwards in a northerly direction towards and had a frontage in Austin Friars. And he found that previously to the year 1772 the former Hall of the said Company stood on the same site, but in the year 1772 such Hall was almost entirely destroyed by fire. And he found that after the said year 1772, the said Drapers' Company erected the present Hall and laid out the gardens belonging thereto, and such Hall had a frontage towards Throgmorton Street of 160 feet, and had also a frontage towards Austin Friars of 52 feet. And he found that if the site of the said Hall and Gardens had been let upon a lease for a term of 99 years from the year 1772, with a plan for erecting a Hall similar to the present Hall, with a frontage in Throgmorton Street, the same would have produced 15s. per foot, or 120l. a year; but if such site had been let on a similar building lease for a term of 50 years from the 3rd day of May 1843, the same would have produced 2l. 5s. per foot, or 360l. a year. And he found that if such lease for 99 years from 1772 had been granted, 28 years of such term would have been unexpired in 1843. And he found that if the said Hall and Gardens were then to be sold, it would be more beneficial to the said Charity that the same should be sold, subject to a lease for 23 years from the year 1843, at a ground-rent of 120l. a year, than that the same should be sold subject to a lease for 50 years from 1843 at a ground-rent of 360l. a year. The said Master therefore found that it would not be fit and proper, and for the benefit of the said Charity, that instead of charging the Drapers' Company with a groundrent for the site of the said Hall and buildings, and for the gardens, to be ascertained in manner in the said decree mentioned for the residue then to come of a term of 99 years, to commence from the said year 1772 (and which ground-rent would amount to 120l. a year), they the said defendants should be charged with, and should pay for and in respect of such site and gardens, a rent of 360l. a year for a term of 50 years, to be computed from the 3rd day of May 1843; but at the request of the AttorneyGeneral, he found, and was of opinion, that it would be for the benefit of the said Charity that the said defendants should be charged with a ground-rent of 120l. a year for a term of 28 years, to commence from the year 1843, being the residue of a term of 99 years, commencing from the year 1772.

And whereas, by an order of his Lordship the Right Honourable the Master of the Rolls, bearing date the 10th day of March 1846, it was ordered that the said Master's said report, dated the 12th day of February 1846, should be confirmed, and the defendants by their counsel consenting thereto, it was ordered that it should be referred to the said Master to settle and approve of a proper lease of the Hall and Gardens of the defendants, to be granted to such persons as should be nominated by the said defendants for a term of 28 years, to be computed from the year 1843, being the residue of a term of 99 years from the year 1772, or for a term of 99 years, to be computed from the said year 1772, at the yearly rent of 120l.; and the said defendants were to be at liberty to affix their common seal to such lease as the said Master should approve of, and the lessees named therein were to execute a counterpart thereof.

And whereas by an Indenture of Lease, bearing date the 16th day of April 1846, and made between the said Master and Wardens and Brethren and Sisters of the one part, and Robert Hendrie, of Tichborne Street, in the City of Westminster, Esquire, Nathaniel Huson, of Great Portland Street, in the County of Middlesex, Esquire, Robert Barclay, of Holloway, in the said County, Esquire, and William Vardon, of Half Moon Street, in the said County, Esquire, of the other part: It was witnessed that by virtue of and in obedience to the lastly herein-before in part recited order of the said Master of the Rolls, and in consideration of the rents, covenants, and agreements thereinafter reserved and contained on the Lessees' part, to be paid, performed, and observed respectively, they the said Master, Wardens, Brethren, and Sisters granted and demised unto the said Robert Hendrie, Nathaniel Huson, Robert Barclay, and William Vardon, their executors, administrators, and assigns: All that piece or parcel of ground, with the capital messuage or hall, and buildings thereon erected and built, with the gardens thereunto belonging, and then known as Drapers' Hall, in the City of London, being the hall and gardens so ordered to be leased as aforesaid: All of which said premises were more particularly delineated and described in the plan drawn on the back of the 4th skin of the now reciting Indenture: And all ways, paths, passages, party and other walls, fences, watercourses, culverts, drains, lights, easements, profits, advantages, and appurtenances whatsoever, to the said piece or parcel of ground, messuage or hall, buildings and premises, belonging or in any wise appertaining (except and always reserving the free passage and running of water and soil through the channels, sewers, and drains), then or thereafter to be made in, upon, or under the said premises, or any part thereof: To hold the said premises thereby demised unto the said Robert Hendrie, Nathaniel Huson, Robert Barclay, and William Vardon, their executors, administrators, and assigns, for the term of twenty-eight years, to be computed from the 25th day of December 1843, yielding and paying therefor, yearly, and during the said term, the yearly rent of one hundred and twenty pounds sterling, by two half-yearly payments, on the twenty-fourth day of June and the twenty-fifth day of December in each and every year, the first payment to be considered as due and payable on the twenty-fourth day of June one thousand eight hundred and forty-four, without any deduction or abatement whatsoever, except for the Income or Property Tax and the Land Tax, and in case the term thereby granted should happen to be determined, under or by virtue of the proviso for re-entry therein-after contained, then yielding and paying a proportionate part of the said yearly rent of one hundred and twenty pounds for the period which should have elapsed of the half of a year pending or current at the time of such determination, the same to be paid immediately thereupon.

And whereas by an order of his Lordship the Master of the Rolls, dated the 2nd day of June 1846, 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 are subject, and for the Investment and disposition of the purchase money to be paid by the said Defendants for the same, and with all proper provisions for protecting and securing the rights and interests of the said Charity.

And whereas the said Master Sir George Rose, by his Report bearing date the 4th day of June 1846, certified, that in pursuance of the said Order, he had settled and approved of a Draft Bill for the purposes aforesaid, and he had caused a Copy of the said Draft Bill to be written on thirty-one sides of paper, and in testimony of his approbation thereof he had signed his allowance at the foot of the said Copy.

And whereas by an Order made in the said Cause by his Lordship the Master of the Rolls, dated the 6th day of June 1846, the said Report was confirmed.

And whereas the sale of the said hall, buildings, and premises may be effected without prejudice to the interests of the said Charity, if such Sale be made with the approbation and under the direction of the Court of Chancery.

And whereas the sale of the said hall, buildings, and gardens, discharged from the said charitable uses and trusts, cannot be effected without the aid and authority of Parliament.

Wherefore Your Majesty's most dutiful and loyal subjects, 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, do most humbly beseech Your Majesty,

The Company as Trustees of the Charity.

authorised to sell, under the direction of the Court of Chancery.

1. That it may be Enacted, and be it Enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled, and by the authority of the same, that it shall be lawful for the said Master and Warden and Brethren and Sisters, as the Trustees of the said Charity Estates, at any time hereafter, with the approbation and under the direction of the Court of Chancery, absolutely to make sale and dispose of the freehold reversion and inheritance of the hall, buildings, gardens, and premises comprised in the said 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, or for such sum of Three per Cent. Bank Annuities, or partly for one and partly for the other, and under and subject to such special conditions and restrictions as to the said Court of Chancery shall seem reasonable, and upon payment into the Bank of England in manner herein-after directed of the purchase monies, and transfer of so much Three per Cent. Bank Annuities, as the case may be, for which the said hall, buildings, gardens, and premises shall be sold, the Master and Wardens and Brethren and Sisters shall grant, convey, and assure the same with their rights, members, and appurtenances, and the freehold reversion and inheritance thereof, and the rent payable in respect thereof under the said recited indenture of lease unto a trustee or trustees to be named by them, to the use of them, the Master and Wardens and Brethren and Sisters, their successors and assigns for ever, or as they shall direct or require, discharged of and from all and singular the Charitable uses and trusts to which the same hereditaments and premises are now, or shall at the time of such sale, be subject or liable.

Upon the Conveyance by the Company, the premises sold to be effectually discharged from all Charitable Trusts.

2. And be it Enacted, that immediately upon the sealing and delivery by the Master and Wardens, and Brethren and Sisters, under the direction of the said Court of Chancery, of any grant, conveyance, and assurance of the freehold reversion and inheritance of the said hall, buildings, gardens, and premises, comprised in the said recited indenture of lease, or any part thereof, to a trustee or trustees, to or for the use and benefit of the Master and Wardens and Brethren and Sisters, the hereditaments and premises comprised in such grant, conveyance, or assurance shall be thereupon and for ever thereafter held and enjoyed by the Master and Wardens and Brethren and Sisters, their successors or assigns, freed and absolutely discharged of, and from all and singular the charitable uses and trusts to which the same hereditaments and premises are now, or shall at the time of the sale thereof under the direction of the said Court of Chancery be subject or liable.

Money arising from the Sale of Hall to be paid into the Bank of England.

3. And be it Enacted, that the Master and Wardens and Brethren and Sisters, if and when they shall become the Purchasers of all or any part of the said Hall, Buildings, Gardens, and Premises comprised in the said recited Indenture of Lease, and by this Act authorised to be sold as aforesaid, shall pay their purchase money into the Bank of England, or transfer such purchase Stock in the name and with the privity of the Accountant-General of the High Court of Chancery, to be placed to his Account there on the credit of the cause, "The Attorney-General v. Drapers' Company, ex parte the Drapers' Company, purchasers of the Estate of Thomas Howell's Charity, London," pursuant to the method prescribed by the Act of the 12th year of the Reign of His Majesty King George the First, chapter the 32nd, and the General Orders of the said Court, without fee or reward, according to the Act of the 12th year of the Reign of His Majesty King George the Second, chapter the 24th.

Certificate of the Accountant-General, with the receipt of the Cashier of the Bank, to discharge the Purchaser.

4. And be it Enacted, that the certificate of the said Accountant-General under his hand, together with the Receipt of one of the Cashiers of the Bank of England to be thereto annexed, and therewith filed in the Register Offices of the said Court, of the payment into the Bank of England, or Transfer by the Master and Wardens and Brethren and Sisters, as the case may be, of the Purchase money or Stock, or of any part thereof as aforesaid, or an office Copy of any such Certificate or Receipt, shall from time to time be and be deemed and taken to be a good and sufficient discharge to the Master and Wardens and Brethren and Sisters for so much or such part of the said Purchase money or Stock for which such Certificate and Receipt shall be so given as aforesaid, and after the filing of such Certificate and Receipt as aforesaid the Master and Wardens and Brethren and Sisters, or such purchasers, shall be and they are hereby absolutely acquitted and discharged of and from the same monies and every part thereof, and they or any of them shall not afterwards be answerable or accountable for any loss, misapplication, or nonapplication of the same or any part thereof.

The monies paid into the Bank to be laid out in the purchase of other lands to be settled to the uses of the Charity.

5. And be it Enacted, that the monies which shall be so paid into the Bank of England in the name and with the privity of the Accountant-General of the High Court of Chancery, to be placed to his Account there, or the Stock so to be transferred "Ex parte the Drapers' Company, purchasers of the Estates of Thomas Howell's Charity," shall be applied from time to time, under the direction of the said Court of Chancery, in paying any costs, charges, and expenses which the Court of Chancery, under the authority herein-after contained, may direct to be paid thereout, and the surplus of the said Purchase monies, or if no costs, charges, or expenses shall be directed to be paid by the said Court of Chancery out of the said Purchase monies, then the whole of the said Purchase monies shall be laid out and invested, under the direction of the Court of Chancery, in the purchase of Freehold Messuages or Tenements, Lands, or Hereditaments, situate either in England or Wales, which Messuages or Tenements, Lands, and Hereditaments, immediately upon or after the purchase of the same, shall, under the like direction of the said Court, be conveyed and assured unto and to the use of the Master and Wardens and Brethren and Sisters, to and for the general uses, intents, and purposes of the said Charity.

Until purchase of other lands money to be laid out in 3l. per cent. Consolidated Bank Annuities.

6. And be it Enacted, that all sums of money which shall be so paid into the Bank of England in the name of the said Accountant-General to his account there in the said cause, "The Attorney-General versus the Drapers' Company, ex parte the Purchasers of the Estates of Thomas Howell's Charity, and the Masters and Wardens and Brethren and Sisters of the Drapers' Company, London," or so much thereof as shall not, in the first instance, be ordered by the Court of Chancery to be applied in or towards payment of all or any of the costs, charges, and expenses herein mentioned, shall in the meantime, and until such money shall be otherwise applied, be laid out under the direction of the said Court in the purchase of Three Pounds per centum per annum Consolidated Bank Annuities, and the dividends and interest to arise therefrom shall be laid out from time to time in the purchase of other like Bank Annuities. Provided always, that it shall be lawful for the said Court to make such general or special order or orders respecting the said Bank Annuities and the dividends and interest thereof as to the said Court shall seem right.

Expense of Act. All Costs of and incident to sale, &c. to be paid by the Company, unless the Court of Chancery shall otherwise direct.

7. And be it Enacted, that all the costs, charges, and expenses incident to and attending or in anywise relating to the applying for, obtaining, and passing this Act, and incidental and preparatory thereto; and that all the costs of making the sale or sales of the said hereditaments and premises comprised in the said recited indenture of lease, and hereby authorised to be sold, or any part thereof, and of making out, evidencing, and supporting the title thereto, and of approving the conveyance thereof, and all other deeds relating to such sale, and of paying the purchase monies for the same into and of taking such purchase monies out of the Bank of England, and of investing the same in other lands, and of conveying such lands to the uses of the said Charity, and of investing the said purchase monies in the meantime in the purchase of Bank Annuities, and the costs of all applications which may be made to the said Court of Chancery, under or in pursuance of this Act, and all other costs, charges, and expenses incidental to the objects or purposes of this Act, or to the exercise of any of the powers of this Act, shall be paid by the Master and Wardens and Brethren and Sisters out of their own proper monies, unless the said Court of Chancery shall direct the same costs, charges, and expenses respectively, or any of them, or any part thereof, to be paid out of the said Charity estates, monies, and property.

Court of Chancery may make Orders for Taxing Costs and paying certain Expenses.

8. And be it Enacted, that it shall be lawful for the said Court of Chancery, from time to time, to make such order as the Court shall think fit for taxing and settling all costs, charges, and expenses of and incident to the making the sale or sales of the said hereditaments and premises comprised in the said recited indenture of lease, and hereby authorised to be sold, or any part thereof, and of making out, evidencing, and supporting the title thereto, and of approving the conveyance thereof, and other deeds relating to such sale, and of paying the purchase monies for the same, and of taking such purchase monies out of the Bank of England, and of investing the same in other lands, and of conveying such lands to the uses of the said Charity, and of investing the said purchase monies in the meantime in Bank Three Pounds per Centum Annuities, and of all applications which may be made to the said Court of Chancery, under or in pursuance of this Act, and all other costs, charges, and expenses incidental to the objects or purposes of this Act or otherwise, in carrying this Act into complete execution. And also from time to time to make an order for payment of all such costs, charges, and expenses as aforesaid out of the monies which shall be so paid into the Bank of England in the said cause, "The Attorney-General versus the Drapers' Company, ex parte the Drapers' Company, purchasers of the estates of Thomas Howell's Charity," or out of the monies arising by the sale of any such Bank Three Pounds per Centum Annuities, or out of any other monies or securities for the time belonging to the said Charity, or out of the income of the said Charity Estates and Property.

Court of Chancery may make orders in a summary way as to matters directed by this Act.

9. And be it Enacted, that in all cases in which the direction, approbation, or sanction of the said Court of Chancery shall be necessary under the provisions of this Act, such direction, approbation, or sanction shall be made and given respectively by order of the said Court made in a summary way upon a motion or petition to be made or preferred in a summary way by or on behalf of any party interested. And it shall also be lawful for the said Court of Chancery in like manner from time to time to make such order touching the premises as the said Court shall think fit.

Saving clause.

10. Saving always to the Queen's most Excellent Majesty, her heirs and successors, and to all and every other person or persons, bodies politic or corporate, his, her, and their heirs, executors, administrators, successors, and assigns (other than and except the Master and Wardens and Brethren and Sisters, as such Trustees as aforesaid), and also all other persons whomsoever, having or lawfully claiming or who shall or may hereafter have or claim any estate, right, title, term, or interest whatsoever in, to, upon, out of, and concerning the Hall Buildings, garden, and premises, comprised in the said recited indenture of lease, or any part thereof, or of the rents and profits thereof, or any benefit whatsoever from the said Charity Estates, under or by virtue of the said recited will of the said Thomas Howell, deceased, or of the said recited indenture of the thirty-first day of March, one thousand five hundred and forty-three, or the said recited Letters Patent of the fourth day of July, in the thirty-fifth year of the Reign of His Majesty King Henry the Eighth, or the will of the said William Dolphin, deceased, or any of the uses, trusts, limitations, declarations, covenants, or agreements therein respectively contained, or any decree or order of the said Court of Chancery, setting up the said charitable uses, trusts, and purposes aforesaid, or any of them, or otherwise howsoever, on account thereof, all such estate, right, title, interest, property, benefit, claim, and demand whatsoever of, into, or out of the said Hall Buildings, garden, and premises, comprised in the said recited indenture of lease, or any part thereof, or any of the rents or profits thereof, as they or any of them had before the passing of this Act, or would, could, or might have had or enjoyed in case this Act had not been passed.

Interpretation of Act.

11. And be it enacted, that in this Act the following words and expressions shall have the several meanings hereby assigned to them, unless there be something in the subject or context repugnant to such construction (that is to say):—

Number.

Words importing the singular number shall include the plural number, and words importing the plural number shall include the singular number.

Gender.

Words importing the masculine gender only shall include females.

Person.

The word "Person," or the word "Persons," shall include corporations whether aggregate or sole.

Master and Wardens and Brethren and Sisters.

The expression "the Master and Wardens and Brethren and Sisters" shall mean 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.

Evidence Clause.

12. And be it Enacted, that this Act shall be printed by the several printers to the Queen's most Excellent Majesty duly authorised to print the Statutes of the United Kingdom, and a copy thereof so printed by any of them shall be admitted as evidence thereof by all Judges, Justices, and others.

The Attorney-General v. Drapers Company. (Kendrick's Gift.)

Scheme approved of by the Report of Sir William Horne, one of the Masters of the High Court of Chancery, dated the 13th day of March 1847, and an Order dated the 17th day of April 1847, for the future administration of the Charity and distribution of the Income thereof.

Scheme.

1. That the said Defendants shall, out of the said Rents, apply a sum yearly for ever, in the month of December, equal to twenty-four one-hundred parts thereof, in sums not exceeding five pounds for each person, towards the release of poor prisoners confined for debt in any of the prisons of the City of London, or if any such cannot be found therein, then in any of the prisons near thereto, at the discretion of the Master and Wardens of the said Defendants.

2. That the said Defendants shall also, out of the said Rents, pay a sum yearly for ever equal to twenty-five onehundred parts thereof to the Curate or Minister of St. Margaret, Lothbury, in the City of London, provided that on every day on which an Epistle and Gospel are ordered by the Rubric to be read in the said church a full morning service with a sermon shall be performed in the said Church of St. Margaret, Lothbury. And the said Minister or Curate shall, out of the said twenty-five one-hundred parts hereby directed to be paid to one of them as aforesaid, pay one-fifth part thereof in equal proportions to the Clerk and Sexton of the said parish.

3. That the said Defendants shall also, out of the said Rents, pay a sum yearly for ever equal to eight one-hundred parts thereof to the poor of the said parish of St. Christopher; but if in any year there shall be no poor of the said parish of St. Christopher, then, and so often and as long as the same shall happen, the said eight one-hundred parts of the said Rents shall be distributed among and paid to the several other objects and persons and purposes herein mentioned, in the like proportions in which the other parts of the said Rents are herein directed to be paid and distributed to and among them.

4. That the said Defendants shall also, out of the said Rents, pay a sum yearly for ever equal to ten one-hundred parts thereof for the relief of the prisoners confined in the following prisons, in manner following: (that is to say), four one-hundred parts to prisoners confined in the prisons of the Compter, in the Poultry, and in Wood-street, or in any other prisons or prison which has been or hereafter may be substituted for such prisons, two one-hundred parts to prisoners in Newgate, or in any other prison which has been or may be substituted therefor; three one-hundred parts in equal moieties to prisoners in Ludgate and the Fleet, or wholly to prisoners in any prison which has been or may be substituted therefor, and one one-hundredth part to prisoners in Bethlem.

5. That the said Defendants shall, out of the said Rents, pay a sum yearly for ever equal to four one-hundred parts thereof to the following officers, viz., To the Clerk of the Drapers' Company one-half part of such sum, and to the Beadle and Upper Porter of the said Company the remaining half part of such sum; to the former, three-fourths of such half, and to the latter one-fourth thereof.

6. That the said Defendants shall, out of the said Rents, pay a sum equal to twenty-five one-hundred parts to and amongst poor religious men and women in the City of London, to some more and to some less as the said Wardens shall find their necessity and desert to be; provided always, that in making such distribution, poor Clothworkers and their Widows shall be first preferred, and next, the poor of the Drapers' Company.

7. That the said Defendants shall, out of the said Rents, pay a sum equal to four one-hundred parts thereof to the four Wardens of the said Company, in equal proportions, for their care and pains in carrying into effect the Trusts of the Will of the said John Kendrick according to the provisions of this Scheme.

The Attorney-General v. Drapers' Company. Russell's Charity.

Scheme approved of by the Report of William Wingfield, Esq., one of the Masters of the High Court of Chancery, dated the 10th day of December 1845, for the future administration of Thomas Russell's Charity.

Scheme.

1. That the Drapers' Company shall keep a separate account of the Property given by the Will of Thomas Russell for charitable purposes.

2. That there shall be allowed to the Clerk of the said Company for the time being, or other the Receiver of the Rents of the Charity Estate appointed by the said Company, for the care and management of the Charity Property, and the collection and distribution in manner herein-after mentioned of the rents and income of the said Charity, in ieu of the sums directed to be paid to the Renter-Warden and Beadle of the Company for that purpose, the sum of 20l. per annum.

3. That the number of Objects of the Charity shall be increased to Sixteen, and that the said Company shall apply and distribute the income of such trust Property, after such deduction as aforesaid, in equal proportions among such Sixteen Poor Members of the said Company as the said Company shall direct, in equal Quarterly Payments; but in case such Income shall be sufficient to pay more than 25l. a year to each of such Sixteen poor Members, in that case such surplus shall be distributed to such other poor Members of the said Company as the Master and Wardens of the said Company shall direct, so that each poor Member shall not receive more than 25l. a year; but with this proviso, nevertheless, that if, from any cause whatever, the income of the Charity shall decrease, so that the same will not be sufficient to pay the said Sixteen poor Members the said sum of 25l. each, the said Company shall be at liberty to reduce, rateably and proportionably, the amount of the said payments, until such time as the income shall again become sufficient, or until some of the existing Objects shall die, in which case the said Company shall abstain from nominating new objects until the income is sufficient.

4. That in case the income of the Charity Property shall increase, the said Company shall be at liberty to increase the number of the Objects and payments of 25l., so far as such income will extend to pay the same.

5. That the Company shall obtain and preserve vouchers for all payments made by them, and shall annually make up an account of their receipts and payments, and audit the same at a Meeting of the Committee of a Court of the Company.

6. That this Scheme shall be Printed, and a copy given to each Member of the Court of the Company.

The following Property is applicable to the Trusts of the Foregoing Scheme.

1. A Messuage or Tenement situate at or being No. 53, Tower Street, in the occupation of William Heddon Simpson, as lessee thereof, for the term of twenty-one years from Christmas 1843, at the yearly rent of 45l., and subject to an agreement on the part of the said Tenant to lay out the sum of 100l., at the least, in repairing of the said Messuage.

2. A Messuage or Tenement in Birchin Lane, in the occupation of the London Assurance Company, as lessees thereof, for terms of years which will expire at Michaelmas 1853, at the yearly rent of 370l.

3. A piece of Ground, attached and used as the Churchyard to the Parish Church of St. Edmund-the-King, and for which the yearly rent of 13s. 4d. is paid.

Also 1,672l. 6s., Three per Cent. Stock, purchased with the residue of 1,880l. 8s., found due by the Master's Report, after payment of the Costs of Suit. (fn. 10)

Vice-Chancellor Kindersley's Court. Walter's Almshouses

Lincoln's Inn, Monday, March 5th, 1860.

Attorney-General v. The Drapers' Company.Judgment.

The Vice-Chancellor.—Mr. Glasse, I think I shall not trouble you; for considering the time that the matter has taken, it has given me the opportunity of considering it, and besides which I have had it before me in Chambers, and therefore it is not new to me, otherwise I should have taken the papers home to read through the whole. I have had the opportunity of doing so repeatedly; and therefore I shall not trouble you, except indeed upon the question whether you could make anything (it is not necessary to resort to it) of the recouping argument—the argument whether you are entitled to be recouped. It is not necessary if I decide in your favour.

Mr. Glasse.—No, because the other involves a recouping.

The Vice-Chancellor.—I am bound to say I do not agree with you in that, but it is not necessary to resort to that, because I am of opinion in favour of your argument, that is, of yourself and the other learned Counsel in the same interest, as to the exclusion of the poor of Hereford and the poor of the Drapers' Company to the benefit of the increased income of the property. That is the conclusion at which I have arrived, and I need hardly say it is a case by no means so clear that I can come to that conclusion without entertaining any doubt or hesitation on the subject; but upon the whole, after a great deal of consideration, that is the result at which I have arrived.

Before I express my opinion upon the subject I cannot refrain from expressing my satisfaction at the course which has been pursued by the solicitors for all parties. I mean with reference to this, that instead of merely producing those books and papers of the Drapers' Company, running over 200 years, and leaving the Counsel and the Court to pick out what they could, the solicitors have with great care and attention culled from these books all the entries and all the items which could bear on the subject, and have embodied them in admissions, thereby saving both to the Counsel and the Court a great deal of useless expenditure of time and trouble; and I wish to express my thanks to them for having taken that pains which has been a very useful thing in the administration of justice.

When I suggested to the parties in Chambers the expediency and propriety of examining those books of the Drapers' Company, I certainly entertained a strong hope that I should be able, upon the doubtful construction of this instrument, to derive some assistance from cotemporaneous usage, because undoubtedly it is a principle of this Court that in these old endowment deeds, if there be a fair and reasonable doubt on the construction of any part, the Court will assist itself in arriving at a conclusion by ascertaining what was the cotemporaneous usage; and if that cotemporaneous usage agrees with one construction contended for, and differs from the other, in case of doubt, the Court would give it in favour of that construction that accords with the cotemporaneous usage. That hope has been to a considerable extent disappointed, but not entirely. Unfortunately, the Fire of London having occurred just about 10 years after the death of this testator, who died in 1656, we have very little from which we can derive any assistance in respect of cotemporaneous usage.

Now I propose to consider in the first place the will itself, for the purpose of seeing what upon the will is the just construction to be put upon it; and then, having done that, I shall consider how far the usage derived from the accounts of the Drapers' Company assists me in coming to a conclusion as to the construction.

In the first place, the recitals of this will are very long. They represent that the testator, being a very pious and charitably disposed person, proceeded upon this footing: He considered what it would be right of that which God gave him to devote to his own family, and everything beyond that he determined to devote to pious and charitable uses generally. I am not speaking now with reference to these particular charities, but generally; and in speaking of that design and intention, and in speaking also of what he had already done, both abroad and at home, devoted property which he had acquired to pious and charitable uses, but of which the precise nature does not appear, nor is it material. In speaking of these matters he uses the word "stock." I mention this because the word "stock" in a subsequent part of the will appears to me to be an extremely material word. When he is using it in the recitals he is using it in a totally different sense from that in which he uses it in the operative part of the instrument. When he is speaking of "stock" in the recital he is speaking of his general fortune and property. For example, in the first page he uses this expression: " I found that in the parishes of St. George in Southwark and St. Mary Newington, near there adjoining, there were many aged, weak, blind, lame, and distressed poor people, and in neither of those parishes any almshouses or comfortable dwellings for them, and but very small means to relieve them, and having by God's goodness a considerable stock or sum of money in my hands for the purpose aforesaid undisposed of, and being desirous," and so on; he is speaking of having in his own hands a stock or sum of money which he had the right to dedicate to any purpose he pleased. That was the description of his own surplus property, which according to his design be meant to dedicate to charitable uses. He mentions the word "stock" again in the recital in page 3. He says, "And so far did the Lord afford his blessing (in much mercy) upon my labours and endeavours by increasing the poor's means and stock as aforesaid." There is not at all speaking of these particular Charities or any stock belonging to these particular Charities, but he is speaking of his general property, which he chooses to call "the poor's means and stock," but he uses that expression with reference to this, as having in a previous part referred to his design. The whole scheme of his life seems to be, that when God has given me sufficient to provide for my family, everything I get beyond that, however large it may be, I consider to belong to the poor. Therefore he calls that which is the surplus beyond what is necessary to maintain himself and to provide for his family, he calls that "The poor's means and stock." There is this to be observed also with regard to the recitals, that the recitals nowhere mention or allude to the poor of Hereford or the poor of the Drapers' Company. If I am not mistaken, perhaps you will be kind enough to correct me if I have overlooked anything, but I think I am right in saying there is not the slightest allusion specifically to them. Undoubtedly after mentioning the poor who were to be in the almshouses at St. Mary, Newington, and the other parishes, he does mention in general terms other charitable uses, but he nowhere specifically mentions the poor of Hereford or the poor of the Drapers' Company in the recitals, whereas the recitals are devoted (and those recitals occupy three pages) almost entirely to an indication of his object and intention with regard those almshouses. There is what I may call a somewhat tedious description of all he had done and succeeded in doing and intended to do, showing, I think, this fact, not that he had in contemplation, when he was penning these recitals, the poor of Hereford and the poor of the Drapers' Company, but the main object of his mind, what was occupying his mind and attention at the time was, or rather were, the two almshouses, and the poor who were to occupy those almshouses and conferring benefit upon them.

Well, having finished the recitals, which he terminates in this way in the passage which I read with regard to the word "stock," which ends thus, "As well for the relief and comfort of the said poor almspeople in the said several almshouses or hospitals as for other charitable uses as herein-after is mentioned," then he goes on, "And to that end and purpose I the said John Walter," and so on; he proceeds then to devise certain houses, which, of course, I assume to be freehold houses,—freeholds undoubtedly,—to the Corporation of the Drapers' Company and their successors upon the trusts afterwards mentioned.

The first trust is, that all the rents, issues, and profits of all the messuages, tenements, and premises shall be for ever received, paid out, and disposed of by the Master, Wardens, Brethren, and Sisters of the Drapers' Company, that is, by the Corporation, "and in such manner and for and about the charitable uses, intents, and purposes as are hereafter mentioned or expressed, that is to say;" then comes the direction as to the application of the rents and profits. The first is 64l. a year for the benefit of 16 poor in one of the almshouses in one of the parishes, and 64l. a year for the 16 poor in the almshouses of the other parish. Those are the main provisions for the poor people in the almshouses. Besides those provisions there follow a number of provisions, that is, particular payments, which are directed to be made, all of them, I think I may say, though not directly, indirectly connected with purposes for the benefit of the poor in the almshouses. The only doubt, I think, that can be entertained would relate to the two beadles of the Drapers' Company, who are to have between them 13s., that is 6s. 6d. apiece; and there is nothing to show that any functions to be performed by the beadles of the Company would tend to the benefit of the poor in the almshouses. But I think it is evident that the beadles were to have that small provision because of the imposing this trust on the Corporation; and certain members of the Corporation being the persons who were to act as Governors, one to act as a renter, and so on, some trouble would be imposed on the beadles by reason of that trust, I think I may say that all the trusts which precede the abatement clause are trusts which either directly or indirectly have regard to the benefit of the almspeople in those two almshouses. I think that is the conclusion to be derived from the descriptions, and the directions as to what is to be done. I may take for example, as a specimen, the first that follows the two gifts of 64l. and more, to pay 40s. a year, namely 20s. thereof to one of the almsmen in the hospital or almshouse at St. George, and 20s. to one of the almsmen at the hospital or almshouse at Newington, each being a man of good government and understanding, and the same to be paid to each of them by twenty pence a month, with as an increase of his said pension of 6s. 8d. for each of their pains and care looking to the rest of the poor, and to read carefully and conscionably morning and evening prayer, and praying with the rest of the poor, and so on. That applies more or less to every instance in which he gives a particular sum of money or directs a particular sum of money to be paid to any of these different functionaries. Then comes, after all, those gifts or directions for payment, the abatement clause, which is in page 8.

But, before I come to that, I must consider what the testator seems to have had in mind when in this clause he is giving directions with reference to what he calls "stock," or "stock in hand." What does he mean by that? Now, the testator, I think I must assume, knew that he was not giving away in these particular directions for payment the whole of the income arising from this property. In fact, the first year after his death, after making all the payments directed, there was a surplus of 35l. a year and a fraction. It was not, as in some cases that have occurred, where a testator intimating that the rents derived from a property which he gives to a charity amount to so much, he gives 5l. to one, 10l. to another, and 3l. to another, and so on, those sums amounting in the aggregate to exactly the amount of the rents received, in which case, in ordinary circumstances, of course, there is an apportionment in case of an increase, or in case of a deficiency. But I think I must assume that he knew there would be a surplus, and not an inconsiderable surplus, considering the income of the property. The income of the property in the year after his death was, I think, 213l.; the expenditure of that was 178l., leaving, as I have said, a surplus of 35l. and a fraction. After giving the two sums of 64l. each for the benefit of the almspeople in the two almshouses, and the 20s. a year a piece to the persons, I do not know what he calls them, who were to pray with the almspeople, he proceeds thus:—"And my desire and appointment is that such honest and godly poor as happen to be sick, extremely aged, blind, or bed-rid, and cannot work, but by want like to perish, shall, in the time of their necessities, and to avoid extremities, be relieved, as their necessities may require, at the discretion of the said Governor and pay master, out of some part of those monies which shall happen to be in stock for the said poor."

Now on that clause, before this particular question before me was brought forward a prior question arose on that clause, which was this, whether those sick and bedridden poor and so on, whether the poor there described were meant to be the poor in the almshouses or the poor of the parish generally, or the general poor of the whole town, or of the whole world. I have come to the conclusion that it only meant such of them as were in the almshouses; that he meant that among those in the almshouses there might be some able to work or help to gain their own livelihood, but there might be others absolutely incapable or more or less incapable, and I came to the conclusion that it meant those; and thus far the search through the books has been satisfactory, for it appears that the contemporaneous usage, that is the usage for the first 10 years after the testator's death until the Fire of London happened, which prevented there being any surplus at all, it appears that that was acted on and expressed to be acted on in the books in accordance with the directions in the will. Therefore I have no doubt that I was right in coming to the conclusion on the mere construction that it meant the poor in the almshouses.

Well, but then comes this question: It has been suggested, and very ingeniously argued, though I confess I cannot concur in the argument, that this imported no more than a power to do this: that whereas the testator has directed these sums of 64l. a year for the benefit of the almspeople in each almshouse to be divided among each of the 16 poor people, which would give 4l. each per annum, and then the mode of paying that 4l. per year by 6s. 8d. a month, which would in one year amount to 4l. It has been suggested that it was not meant to do more than this by this clause, but the Drapers' Company or the Governor and paymaster might anticipate any month's payment; that is, supposing on the 1st of March one of the poor has received his 6s. 8d., if, in the middle of March, he should be in one of these unfortunate predicaments described in this language, there is only the power to advance the 6s. 8d. which otherwise would not be payable until the 1st of April following; no power to supply the deficiency which might then be left on the 1st of April. Now I confess I cannot concur in that contention. It appears to me clear that what was intended was, that over and above and in addition to that 4l. a year, that is, the 6s. 8d. per month, which each almsman was to be entitled to, the Governor and paymaster might, at their discretion, give to persons in the predicaments described some aid, some provision, to prevent their being in a state of destitution, and, according to the language of the testator, "by want like to perish." And it will be observed that the different conditions of the people here described are conditions which, as to some of them at all events must be permanent conditions. "Sick" may not necessarily be permanent, but "extreme aged" must be not only permanent, but constantly increasing. No doubt a blind man, that is one who is partially blind, may to a certain extent recover his sight, but when you come to the word "bed-ridden" the word "bed-ridden" applies to a person who is confined in perpetuity to his bed, some old or infirm person who is confined to his bed, and whose constant, at least his normal, condition is, remaining in bed because he cannot get out of it, incapable perhaps even of sitting up in a chair. That is a permanent condition, and no doubt a person in that condition would be likely to perish from want if he had only 4l. a year to provide for him. Therefore, it would be a mockery to say, you have power to advance the 6s. 8d. which would be payable on the 1st of April, you have power to advance that in the middle of March, but when you come to the 1st of April you must not pay him 6s. 8d. again then, or, if you do, it must only be by advance of that which would be payable on the 1st of May, so that the time would come, at the time of the year, perhaps it might be two or three months, when this poor, bed-ridden person, or this extremely aged person, might be in the very state of perishing from want which is the very object of the testator to provide against. I think the language is sufficient to show that that is the intention: "My desire and appointment is that such honest and godly poor as shall happen to be sick, extreme aged, blind, or bed-rid, and cannot walk, and by want like to perish, shall at the time of such their necessities, and to avoid extremities, be relieved as their necessities may require at the discretion of the Governor." I think it is clear that that was the intention; that is, that this authorised an additional gift at the discretion of the Governor and paymaster, an additional gift to those whose necessities require it.

We now come to what I think is the most material part of the case, the use of the word "stock" in this passage to which I have just referred, and in some of the subsequent passages. Out of what is that extra provision to be made for these sick, aged, blind, or bed-ridden persons? Out of what fund or out of what monies? According to the express language of the clause, it is out of sums part of those monies which shall happen to be in stock for the said poor. One thing is clear, that the testator in penning those words contemplated something would be in stock for the said poor, which I understand to mean the said poor or any poor in the almshouses. What was that stock to be? He has nowhere in terms prescribed the forming any stock, but he has assumed that in carrying out the directions here given there will be a stock for the said poor, for the poor in the almshouses; and it is out of that stock that this extra provision is to be made from time to time, at the discretion of these persons, for the benefit of the sick, aged, blind, or bed-ridden persons in the almshouses.

But that is not the only part of the will in which we have reference to the existence of such a stock as I have mentioned, because in page 6, which follows what I have just been referring to in page 5, we have this. This is the last of those gifts which precede the abatement clause; and how is that gift made? "And as there is an order and commendable custom in the Company, several times in the year to visit their almshouses and poor therein,"—their almshouses, not speaking of these almshouses, but of the almshouses of the Drapers' Company,—"though to their charge, which much tends to their own honor and to the poor's comfort, so my desire is that the wardens for the time being will be pleased twice in the year yearly, once in one of the months of September or October and the other time in April or May, to spend half a day at each time, to go to their several hospitals or almshouses at St. George's and Newington parishes, as they may spend the other half part of the day after dinner in London in viewing other of the Companies almshouses elsewhere." Now we come to the passage in question, "And my desire is that they will be pleased to accept of the sum of 20s. of the poor's monies or stock towards their expenses for each day in their said viewing; and that the Governors and paymaster will be pleased to cause the churchwardens of each of those parishes," and so on. Then there is a ceremony to be gone through, which I need not read through in detail. It is with reference to the premises, that is the almshouses, being examined with a view to seeing if they are kept by the parishes in a proper state of reparation. So there, again, the testator considered that there is a certain stock existing for the benefit of the poor. He calls it " the poor's money's or stock." Before he had defined it to be "monies which should happen to be in stock for the said poor." Now he clearly means the same thing in both passages. And I consider that this second clause, which contains the words "poor's monies or stock," means the same thing as what he had before described as "moneys happening to be in stock for the said poor," and some stock which he contemplated the existence of for the benefit of the poor in the almshouses.

We then come to the abatement clause. The abatement clause follows after those gifts, those annual payments or pensions, or whatever they may be called, which I consider either directly or indirectly intended for the benefit of the poor people in the almshouses; and the clause precedes the gifts which are now in question, namely, the gift of 6l. 13s. 4d. to the poor of the Drapers' Company, and the 20l. to the poor of Hereford. I think there can be no doubt, and I do not think there has been any contention raised to the contrary, that the effect of this is, that inasmuch as the language of the abatement clause refers only in express terms to an abatement of all the said pensions and payments aforesaid, the effect is that if there be a deficiency there should be an abatement of those trusts, that is of those annual payments which precede this clause, and that the clause is not to apply to those annual payments which follow the clause. That is the express language of the clause: "My will and desire is, that if by any casualty of fire or otherwise (as God defend), the receipts shall come short to make satisfaction of all the said pensions and payments aforesaid appointed to be made, as I trust it will not," that is, of course, preceding this clause; and then comes this very important passage, " and that no such stock shall be left to supply the want,"—observe "to supply the want." What want? The want of funds to supply the prior gifts, that is those gifts which are all, as I think, directly or indirectly, for the benefit of the almspeople. "That no stock shall be left to supply the want (to the end the Company may have no loss), an abatement be made of every pension or payment pro ratâ according to the sum in the proportion so wanting in payment, which said abatement my desire is may be only in a time of extremity and to have no longer continuance than such necessity shall require." Here we have mention again of "stock," so that in these three passages the testator is clearly contemplating by some means or other—he has not pointed out or defined how it is to arise, but he has contemplated in these three passages the existence of a stock, a stock for the said poor, a stock out of which the sick and blind and bed-ridden of the almspeople shall have additional payments made to them to provide for their necessities; a stock out of which the two wardens (I think they are the gentlemen who are requested to go and visit the almshouses) are requested to receive or to retain 10 shillings a piece for each day, four times 10 shillings, 2l., and out of this same stock any want that may happen for the purpose of making the payments which are directed preceding this clause is to be supplied out of this stock. I do not think that there can be any doubt that the testator contemplated the existence of a stock for the benefit of the poor in the almshouses. Then how was this to arise? He has not told us in express terms, but I think he has told us in terms; that is to say, looking to the whole will together, I think we find what this stock was to be. As I have already observed, the testator knew very well that these annual payments which he specifically directs, including the annual payments to the poor of Hereford and the poor of the Drapers' Company, would not exhaust the whole annual income, and then he contemplates the existence of a stock. That stock then must have arisen from the surplus income; and I think that the conclusion must be that what the testator intended was this, that after making all the payments which he prescribes to be made, there was to remain a certain stock, that is, that the surplus income was to constitute the fund or stock, as he calls it, out of which certain things were to be done; and he has not prescribed what else is to be done if there should be more than enough for the purposes specifically pointed out. Then does he show for whose benefit that stock was to exist? It appears to me that he does. He expressly calls it monies happening to be in stock for the said poor. I think under those circumstances I must come to the conclusion, although I admit it is not at all a clear matter, I think upon the mere construction I must come to the conclusion that the testator contemplated that the surplus income of this property, as long as there was a surplus, should be retained in hand for the benefit of the poor in the almshouses, and he has to a certain extent pointed out certain applications which would be clearly for the benefit of the poor in the almshouses, and for no other purpose.

It has been contended or suggested that, inasmuch as the testator did not mean that there should be, in case of a deficiency, an abatement of the annual payments to the poor of the Drapers' Company and the poor of Hereford, that that alone is an indication of the testator's intention that as they were not to abate so they were not to increase. I cannot say, I confess, that if it stood merely upon that I could come to such a conclusion, because I do not see why, if the testator directs that a certain charitable object should never abate, I am to consider that that was not a charitable object which he rather preferred. When he directs that it shall not abate, but that the others shall abate, that rather indicates a preference for that which is not to be abated; and therefore if it stood merely upon that, I certainly could not come to the conclusion that the direction that they should not abate, or rather the absence of a direction that they should abate, which is tantamount to it,—I could not come to the conclusion that that would be at all a strong argument in favour of their not taking any benefit. But, however, one thing is clear, that if the testator intended, as I think I must assume that he intended, that the stock, which I consider to be the surplus of the income from time to time, was to be for the benefit of the poor in the almshouses,—I think that the absence of his directing that that gift to the poor both of the Drapers' Company and of Hereford should abate is, to a certain extent, not at all a conclusive reason for but consistent with the conclusion that he considered those payments which were not to abate as specific invariable payments, and that, as they were not to abate, they were not to increase. I say it is consistent with that; I do not think it is more than that. I do not think it is a sufficient argument per se against there being an increase although there was to be no abatement. But taking it in connection with what I have already observed upon, that there is the existence of this stock which he must have meant to provide for and which could only be provided for in the way I have mentioned, taking it in connection, it appears to me the whole is quite consistent.

Then the only thing that remains to be considered is whether the cotemporaneous usage throws any degree of light at all upon this. I think it does throw a slight degree of light upon it. In the first year after the testator's death there was a surplus of 35l. I do not think it appears from these admissions what was the surplus in every succeeding year preceding the Fire of London, but there can be no reason to doubt that it must have been something about the same thing. I suppose we must assume that when the Fire of London occurred 10 years after the testator's death, the trustees, that is the Drapers' Company, had got in hand a stock which could not have been less than 300l. or 350l. If it was 35l. surplus each year, as it was the first year, it would, of course, be 350l. Then out of that we must deduct these payments which appear to have been made to these sick and bed-ridden, which, I think, very seldom exceeded 25s., if they amounted to that, in the course of the year. Therefore, at least 300l., I think, must have been stock in hand when the Fire of London occurred. In those 10 years what did they do? They kept it as a stock. That cotemporaneous usage confirms the view I take on the construction, thus far at least, that the cotemporaneous usage was to treat that stock as being the stock arising from the surplus income. Well, the stock arising from the surplus income was treated by the trustees, that is, treated by the Drapers' Company, as being the stock which is three times over, at least, spoken of in the course of the will; and if I recollect the language of the entries describing the payments to these sick and poor, we have reference or mention of its being done in pursuance or according to the directions of the testator's will. Now the first of these is this:—"Paid and given to several of the poor in the almshouses, according to the Founder's appointment, being found to be sick and in want, as followeth, viz., 1st February," and so on, mentioning the various amounts, amounting in the year to 6s. 10d., a very small sum; but they keep the rest as a stock, and so they seem to have done continuously until the Fire of London happening there was no longer any surplus at all; and I think we may assume (although nothing appears with respect to it) that the stock which they had then in hand, which could not have been less than 300l., was applied to make good, from time to time, the deficiency in the subsequent years so long as it lasted. I do not rest upon that, because I do not find it stated in the admissions that that was the fact. Therefore, I say we have a certain degree of assistance, not so much as I had hoped for, from the investigation of the books upon this question, namely, we have this, that according to cotemporaneous usage the surplus income was treated as that which was to constitute the stock or fund mentioned in the testator's will. Then we find from the testator's will that the stock is a stock which he describes as being monies in stock for the said poor, which I hold to mean the poor of the almshouses. If, according to cotemporaneous usage, that is, if according to the views of those persons who, coming immediately after the testator, would be most likely to have been cognisant of his views and intentions, if they had considered that any surplus was to be divided among all the objects of the Charity, that is, among the almspeople in the almshouses, and those objects which I consider merely ancillary to the Almspeople on the one hand and the Drapers' Company's poor and the Hereford poor on the other; if they had contemplated that the testator meant that in case of any surplus, any accretion of the funds, they should all benefit, I think they would have divided it among them. I think that when they have got so considerable a sum, and it was no doubt a very considerable sum in those days, for we must not regard 300l. then as we regard 300l. now; it was a very considerable sum in those days,—I think that the Hereford poor, and the Drapers' Company at all events for their poor, would have said, Our view of the testator's intention is that this surplus must be divided, at all events some of it; keep if you please some pound or two to meet the sick poor in the almshouses, keep that if you please, it has never cost you so much as 25s. a year,—if I recollect the sum accurately,— keep 2l. or 3l. as a fund in hand, but let us have the residue. I think the Drapers' Company would have been justified in saying that if they had had the least idea that that was the intention; but they do not seem to have understood that that was the intention, and therefore, I think I have derived some degree of assistance, I do not say any very great assistance, but some light also, from the cotemporaneous usage.

Upon the whole, both upon the construction, if I had nothing but the construction of the will, but also assisting myself in arriving at that construction by what little light we get from the books showing cotemporaneous usage, my opinion is that now that the property of the Charity has increased the only objects who are to benefit by that are the almspeople in the two almshouses, but with this also, that with regard to all those objects which I consider merely ancillary, the payment of 2l. to one functionary and 6s. to another, and so on, in the course of the scheme, if I see fit for the benefit of the almspeople, I shall increase them; but it is not that they have a right to say, We shall be increased in proportion to what the almspeople get. They were not the objects of charity in the smallest degree.

Mr. Glasse.—All we shall ask your Honour to decide is as to the city of Hereford and the Drapers' Company not being entitled.

The Vice-Chancellor.—That is all I mean to decide.

Mr. Glasse.—I suppose Your Honour will put this right among your clerks; it is a mere matter of form. What is sent to be inquired into is, how according to the construction of Ann Mill's deed of gift, Richard Mill's deed of gift the will of Walter Mills, and a grant of Robert Render, in the pleadings respectively mentioned, the respective incomes of their property are to be disposed of. Your Honour has not heard a word of it.

The Vice-Chancellor.—I have not heard of that in Chambers.

Mr. Glasse.—No; I apprehend there will be no dispute about it. That deed of Ann Mills is appended to the admissions. You need not trouble yourself with it, for it is so perfectly clear. I apprehend that nobody will raise a contention. Ann Mill's gift, it is perfectly plain, is for the benefit of the two parishes of St. George and Newington; Richard Mill's is exactly the same. They followed the Founder, and they intended to provide for them, but said nothing about Hereford. Walter Mills, who was the grandson, made a deed of gift, in which he gives equally so much apiece to the inhabitants of those two almshouses and the parish of Shoreditch. The will of Walter Mills is upon this special trust. He gives them 350l. capital stock, or so much money as will purchase the same, "upon this special trust that they distribute and pay or cause to be paid out of the dividends, increase, or produce thereof, the sum of 5s. apiece to the poor people inhabiting the several almshouses in the parishes of St. George, Newington and Shoreditch, which were formerly founded by my grandfather and grandmother, Mr. John and Mrs. Alice Walter; the said 5s. to be paid to each of the said poor some time near Christmas in every year." I take it the recipients of that bounty are those persons only who are there named the parish of St. George Newington and the parish of Shoreditch. Therefore that will be your Honour's direction to the chief clerk. Then Robert Render is the parish of Newington only. I do not apprehend that anybody raises any question on that.

Mr. G. L. Russell.—The costs of all parties will be paid out of the fund?

The Vice-Chancellor.—This is merely an adjourned summons; they will be all dealt with in Chambers.

Mr. Speed.—There was a petition presented by Mr. Crafter, the present solicitor for the parish of St. George Southwark, for the purpose of having delivered up to him certain papers in this matter which are in the possession of a gentleman named Rayson. They were formerly in the possession of the solicitor of the parish. He died in insolvent circumstances, and no one would administer to his estate or prove his will. Under those circumstances his managing clerk has retained in his possession certain deeds and papers, and they are deeds and papers in the suit. Mr. Crafter, on behalf of the parish, is very desirous of obtaining those papers from Mr. Rayson. He made several applications. Mr. Rayson did not feel himself justified in handing them over without the order of the Court, there being no representative of his former employer. Thereupon a petition was presented that Mr. Rayson might hand them over, without prejudice to Mr. Tritton's heir. I appear for Mr. Rayson, and I have no objection that the papers shall be delivered upon payment of a sum for the costs of our appearance; the papers to be held by Mr. Crafter without prejudice to Mr. Tritton's heir, Mr. Crafter undertaking to deal with those papers as the Court shall direct.

The Vice-Chancellor.—I think when the matter was mentioned a day or two ago, it appeared that the Lord Chancellor had ordered it to come on with the cause, but I suppose that does not prevent your making an arrangement.

Mr. Speed.—The meaning of it was that it was to come on with the adjourned summons. If we take it by consent, I apprehend your Honour can make the order.

The Vice-Chancellor.—If you agree in that, I think, notwithstanding the Lord Chancellor's direction, I may authorise it.

Footnotes

1 The stipend of the medical attendant is now one hundred and twenty-five pounds per annum, and includes the charge for drugs.
2 The present hours of divine service on Sundays are half-past ten a.m. and three p.m.
3 On the feast-days the beef is to be the sirloin or ribs as far as the seventh.
4 The decree of Sir Nicholas Bacon, the Lord Keeper, which is here alluded to, was made on the 24th June 1559, and the part alluded to is in these words:—
"Provided also, that if the said Master and Wardens shall, at any time hereafter, receive the sum of three thousand two hundred and fourscore ducats of gold, or the value thereof, of the executors or administrators of the said Thomas Howell, being the rest of the said twelve thousand ducats bequeathed by the said Thomas Howell to the said Drapers, for the use aforesaid, or such part or portion of the said three thousand two hundred and fourscore ducats as will or may purchase an increase of lands and tenements, or other yearly hereditaments, to the yearly value of 16l. or under; that then the said Master and Wardens and their successors shall, yearly from thenceforth, pay, or cause to be paid, upon certificate as is aforesaid, to four of the said orphans so to be certified, so much as the said increase in rent of the said premises to be purchased by the receipt of any part of the residue of the said twelve thousand ducats yet to be received and hereafter received shall amount unto; foreseeing that, in the whole, the said orphans shall not be paid above the yearly sum of one hundred pounds: and, for a full and perfect end to be made of all controversies, it is further ordered, adjudged, and decreed by the said Lord Keeper and Court of Chancery, that the said Master and Wardens and their sucessors shall be, from henceforth for evermore, clearly exonerated and discharged against the said complainants, and every of them, and all other orphans that have, or pretend to have, title to any of the legacies aforesaid, by virtue of the said Thomas Howell's Will, of all manner of account hereafter to be yielded or given to them, or any of them, for any receipt or other thing whatsoever, before the date of this present decree."
5 In the first edition of this pamphlet it was stated, on the authority of Hayden's "List of Bishops of Llandaff," that the see was vacant in 1559, when this Order was made. It appears, however, from the list of bishops in Williams's "History of Monmouthshire" (Appendix, p. 44), that Anthony Kitchen, or Dunstan, was Bishop of Llandaff from 1545 to 1563. He is spoken of by Bishop Godwin as "the shame and reproach of the see" (Coxe's "Monmouthshire," p. 10), having affected to change his opinions as often as the articles of professed belief of the members of the Established Church were changed by law during the time he was a bishop. He died in 1563. Hugh Jones, after a vacancy of three years in the see, succeeded him in 1566, and was buried at Mathern in 1574. He is said to have been the first Welshman advanced to the see in nearly three preceding centuries. His successor was William Blethin, a Welshman. Gervase Babington was bishop from the year 1591 to the year 1595. William Murray, a Celt, but a Scotchman, was made bishop in 1627. No ecclesiastic of a Welsh family has been promoted to the see since 1675, or during nearly the last 200 years. Learning, prudence, and the moral character and courage of a gentleman, however, and not his place of birth, should influence the nomination of a bishop.
6 The Court of Chancery does not assume to interfere with Parliament, and both in the House of Lords and in the House of Commons there is uncontrolled power to check the mischief of any scheme which may be embodied in a bill before Parliament. As regards the declaration of the Court of Chancery in respect of trusts, Lord Cottenham (Chancellor) said, in the case of The Attorney-General v. the Ironmongers' Company (2 "Mylne and Keen's Reports," p. 583, A.D. 1834)— "As for a reference to the Master to approve of a Scheme for an Act of Parliament, I do not profess to understand how that alters the import of the declaration. His Honour the Master of the Rolls declares that at present the Court has no jurisdiction, and desires a bill to be presented to Parliament for the purpose of obtaining powers which he considers the Court not now to possess. It would be hard to conceive a more complete denial of the Court's jurisdiction than this course: the meaning of it is plain—that as the law now stands, the Court has no jurisdiction to apply the fund except in redemption of slaves, and will never have any such jurisdiction until the law is altered. There is no foundation for that proposition, nor has this Court anything to do with directing bills to be brought in for the purpose of extending its power to objects of bounty not named in the will, nor in the Testator's contemplation." Every member of either House of Parliament who knew of this bill relating to Howell's Charity, when pending, and all the mischief it contained, and permitted it to pass into al aw unopposed, is responsible for it. The bishops in the House of Lords were silent on the occasion when Howell's Charity Act passed, and they probably habitually set the example of the silence referred to in the "Letter of the Right Hon. W. E. Gladstone, M.P. for the University of Oxford," dated February 29, 1860, who thus complained that the clergy are not financial reformers: "I cannot say (he states) I have observed, on their (the clergy's) part, a general desire to check (public) expenditure, though undoubtedly no class feel more severely the pressure of taxation which it causes." This letter was addressed by Mr. Gladstone to a Welsh clergyman. The wish of Mr. Gladstone evidently is, that the clergy should remonstrate against any needless or mischievous expenditure of public money; and public money, be it remembered, includes Church and Charity property. He does not ask for non-interference. If the bishops, for example, see a great Charity job in the House of Lords, it is their duty to pounce on it and to destroy it, or to become remonstrant economists.
7 Before this was determined on, the courtesy of receiving the assent of the Bishop of Llandaff to this provision, and to the Act generally, should have been observed. If it were observed—"Non ullo casu arbitror hoc constanti episcopo posse contingere ut ulla intermissio flat officii."
8 The gentlemen present should have remembered these verses:—
"Agmondesham Vesey, Esq., out of his own bounty, Built this bridge at the expense of the county."
9 Sir Charles Lyell, in one of his works on North America (1st Series, vol. i., p. 111), in relating the provision made at Boston, in Massachusetts, for the delivery of public lectures, says:—"In reality, the sum " bequeathed by Mr. John Lowell for his foundation, though munificent, was by no means enormous—not much exceeding 70,000l., which, according to the usual fate awaiting donations for educational objects, would all have been swallowed up on the erection of costly buildings, after which the learned would be invited to share the scanty leavings of the 'Committee of Taste,' and of the merciless architect—'reliquias Danaûm atque immitis Achillei.' But in the present case the Testator provided in his will that not a single dollar should be spent on bricks and mortar; in consequence of which proviso a spacious room was at once hired, and the intentions of the donor carried immediately into effect, without a year's delay." Then, referring to other institutions, he says:—"These collegiate buildings, in support of which the public came forward so liberally, were left, like Girard College, half finished; whereas, if the same funds had been devoted to the securing of teachers of high acquirements, station, character, and celebrity, and if rooms of moderate dimensions had been at first hired, while the classes of pupils remained small, a generation would not have been lost," &c. And, citing Prescott, he applies these words: —Architecture is a sensual gratification, and addresses itself to the eye; it is the form in which the resources of a semi-civilised people are most likely to be lavished." If so, semi-civilisation is the governing power of many charities.
10 Settling and approving the Scheme; the costs of the suit were paid by the Company.