APPENDIX A. "HOBBY'S CHARITY" PLUMSTEAD, AND "THE
FREE GRAMMAR SCHOOL OF WILLIAM
LAMBE," SUTTON VALENCE, KENT.
The condition of these institutions at the time of my
inquiry into the charities under the management of the
Clothworkers' Company, was stated to the Board in my
report thereon. The income of Hobby's Charity under
a scheme of the Court of Chancery, of 1834, is divisable
into 17 parts, of which six parts are paid to Christ's
Hospital, six other parts to the clothing fund of the
Clothworkers' Company, and the remainder or five
seventeenths towards the discharge of 25 poor prisoners
for debt in London, such as lie in for their fees, seven
out of each compter and 11 out of Ludgate.
The question at present relates exclusively to the
latter portion or five seventeenths of the fund.
The manner in which it was dealt with, in assisting
in the discharge of prisoners, up to the time of the
passing of the Bankruptcy Act of 1861 (24 & 25 Vict.
c. 134.), is set forth in my report of the Clothworkers'
Charities (p. 15). The effect of the late statute, and
especially of the clauses 98 to 105, in discharging all
prisoners for debt (with certain exceptions mentioned in
clause 104) has led the Clothworkers' Company to regard
this portion of the charity as liberated by the failure of
objects from the purpose to which it was dedicated, and
to propose to the board that the accumulations of the
fund which have not been applied and the accruing
income of the five seventeenths for the future should be
applied to specific educational purposes, that is to say,
the reconstruction of the Free Grammar School of
Sutton Valence upon an enlarged plan. Under such
circumstances I was requested by the board to make
inquiry first into the fact of the absence or contemplated
absence of any of the prescribed objects of the charity;
and secondly, if there should be such a failure of objects
into the propriety of the proposed application.
I should premise that the balance applicable to this
purpose and the increase of the five seventeenths of the
estate, likewise so applicable, have undergone some
change since my former report. The balance is somewhat less, from the circumstance of larger payments
having been made for the discharge of prisoners in 1861
and 1862 whilst the income, as appears by the following
statement, which has been furnished to me by the clerk
of the Company, is considerably more.
The balance applicable to the discharge of prisoners
is 1,110l. 3s. 11d. (17th July 1862), thus:—
|Balance at Christmas, 1859||1,277||19||1|
|Income for the year, 1860||180||10||7|
|" " " 1861||213||10||9|
|Paid for discharge of prisoners in 1861||344||16||6|
|The like 18th February 1862||217||0||0|
I visited Whitecross Street prison, and besides a conference with the Acting Deputy Governor, I had the
advantage of an interview with the city solicitor, Mr.
Charles Pearson, who was kind enough to appoint an
hour for meeting me there, and from whom I received
a full explanation of the practical effect of the Bankruptcy Act in the confinement of debtors in the city
The effect of the Act will be to abolish imprisonment
merely for debt. The debtor if retained in prison
against his will, must be retained because he has been
guilty of a misdemeanour under the 221st section of the
Act, or because his conduct before or after adjudication
of bankruptcy falls within the exceptional classes mentioned in the 3rd division of the 159th section of the Act
with regard to prisoners for debt under process from
the Superior Courts, I apprehend therefore that the
objects have ceased.
There are, however, the exceptions mentioned in the
104th clause, which includes persons in custody under
the orders of the county court judges. The committals
under the Act of 8 & 9 Vict. c. 127, and 9 & 10 Vict.
c. 95 (the County Court Acts) have this peculiarity, that
they are not made against the parties as simply debtors
but are made in default or contempt of the court for
not attending the summons, for not making the required
disclosures, for fraudulent conduct, or not paying where
in the opinion of the judge the defendant has the means
of paying, which also is, I presume, a quasi fraud.
Prisoners in this condition are not affected by the Bankruptcy Act, and their cases have been represented in
Parliament and elsewhere as cases of hardship. So
lately as the 7th of May in the present year (1862) a
discussion of which the following is a report, appears to
have taken place in Parliament relating to them.
House of Commons, Wednesday. County Courts Procedure Bill. (fn. 1)
Mr. M'Mahon moved the second reading of this Bill.
The amendments proposed by it had been suggested by
persons thoroughly conversant with county court practices. Their object was to assimilate to a greater extent
than at present the practices of the county courts to
that of the superior courts. One amendment was to
enable persons to sue in county courts on promissory
notes when those notes were lost. Another was to
enable a person to sue for the value of a thing which
had been entrusted to him by another party for sale
and which he had sold. A third class of amendments
was to give power of appeal on a special case against
the decision of the county court judges. No such appeal
could take place under the law as it stood; and yet it
was much more necessary in regard to the superior
courts. Another amendment was that defendants who
had not a legal, but had an equitable defence should
be allowed to urge that defence. Under the Common
Law Procedure Act such defences were allowed in the
superior courts, but they were not allowed in the county
courts. He did not think there could be any valid
objections to the Bill.
The Attorney-General trusted the House would be of
opinion that it would not be expedient to proceed
further with this Bill. He thought he was in a position
to say that the county court judges were adverse to the
measure; and as to the provisions that had reference to
the penal clauses in the County Court Acts, enabling the
judges to impose imprisonment for longer or shorter periods,
he would suggest that if they were to be considered, that
should be done in a distinct shape, and their existence
should not be used as an argument in favour of such a
proposal as was to be found in the 8th clause of this Bill.
A great portion of the clauses of this Bill were confessedly taken from the Common Law Procedure Acts
of 1852 and 1854, and so far the provisions of the Bill
might be made available without the intervention of
Parliament at all. In reference to the proposed extension of the jurisdiction of the county court judges, he
would observe without meaning to disparage them, that
if this jurisdiction were thrust upon them they would
not be able to discharge it in a satisfactory manner.
He considered that the effect of the 8th clause would
be to make the county courts the means of raising
questions for adjudication before the superior courts.
If a Bill were really called for, he thought the 6th clause
was unobjectionable; and, if they should go into committee, his conviction was that the Bill would be
reduced to that clause. If that were so it was not
desirable to legislate piecemeal in this manner. Probably there were some matters connected with the procedure
of the county courts that might advantageously obtain the
consideration of the House, with a view to the amendment
of the law. He had been in communication with some of
the county court judges and suggestions from such a source
would receive the consideration to which under the circumstances they would be entitled. If the matter were thus
originated it would be easy enough to introduce a
measure including the 6th clause, but it was not
desirable to press the Bill before the House, and he
should move that it be read a second time that day six
Mr. Henley begged to call attention to the position in
which the very poor classes of society are now left with
regard to imprisonment for debt. The poorer classes are
subject to be imprisoned simply because in the opinion of
the judge of the court they can pay, and will not pay.
Having almost relieved the upper and middle classes of
society from imprisonment for debt, the Government should
consider whether this system of penal imprisonment should
be continued in regard to the poorer classes of society. He
hoped that the Government would look to the subject and
that some means would be taken to rid the gaols of poor
debtors. The present anomalous state of the law with
regard to rich and poor ought to be corrected.
Mr. Ayrton said nothing could be more extravagant than
the state of the law at present as it affected the poorer classes
in regard to imprisonment for debt. If a man could borrow
20l. he could easily sweep off all his debts, but if he could
not he was liable to imprisonment. He hoped the Government would bring in a Bill to remove these anomalies with
regard to imprisonment.
Sir G. Grey said the subject of imprisonment for debt
was worthy of consideration, and it was one which he
thought the Government ought to consider, with a view to
assimilating the law to the altered circumstances introduced
by the new Bankruptcy Law.
Mr. M'Mahon said if they were to wait for the approval of the county court judges to any measure, there
would never be any improvement of the law. Of all
persons judges were the last to be consulted upon such
subjects. If we had been guided by the opinions of
judges we might still have been hanging women with
children at the breast for stealing handkerchiefs worth
5s. If the county court judges were consulted on the subject
of imprisonment for debt, no Bill would be brought in.
The withdrawal of their power to imprison would virtually
be almost an annihilation of their business. He did not
anticipate that the subject would have been brought forward,
or he would have been prepared with returns showing the
magnitude of the evil. In the gaols of Worcester and
Stafford, however, within two years there were 300 prisoners
for debt, and the debts were mainly incurred through pedlars
forcing the poor to purchases beyond their means. He was
thankful he had been the means of bringing this subject
Mr. Vance said last year the law prohibiting county
court judges from sitting in Parliament was repealed,
he supposed accidentally, by the Bankruptcy Act, and
he thought some opportunity should be taken to renew
The motion for the second reading of the Bill was
negatived without a division.
Notwithstanding the opinions thus expressed it is a
material question whether the application of charitable
funds for the purpose of assisting in the discharge of
prisoners committed to prison for such default or contempts of which they are adjudged to be guilty would
not be in contravention of the law and against public
policy. I have some recollection of hearing a case
argued on this ground, against the establishment of a
charity for payment of the fines and costs of persons
committed by magistrates at petty sessions for poaching,
in which the legacy was considered to be void as against
public policy; but I have been unable to refer to any
report of the case. The endowment in Hobby's trust,
again, is only for such prisoners for debt "as lie in for
their fees," and it is a question whether that is in
any measure the case of the county court debtor. On
perusing the warrant on which a debtor committed by
the Westminster County Court was retained at White
cross Street prison, I found it specified the following
the total sum forming the amount which the prisoner
must pay in order to be entitled to his discharge under
the 10th section of the Act 9 & 10 Vict. c. 95. It
may be doubted whether the two last items in the above
account can be regarded as fees, and certainly they are
not fees so distinguishable from the debt that the
prisoner may be discharged from the one and retained
for the other.
|Costs of judgment summons||0||19||6|
|Poundage for issuing warrant||0||13||6|
An important question also arises whether there are
or have been in fact for many years past any fees
payable by prisoners bringing them within the meaning
of Hobby's Charity, and whether in fact all applications
of the fund in the discharge of prisoners since 1815
have not been made in error. The statute 55 Geo.
3. c. 50, abolished all fees payable by any prisoner on
entrance, commitment or discharge, excepting certain
prisons (fn. 2) which do not affect this case; and a statute
of the following year (56 Geo. 3. c. 116) reciting that
doubts had arisen whether the former Act extended to
prisoners confined in gaols or prisoners under civil
process for debt only, provides that the abolition of fees
"shall extend to all prisoners as well civil as criminal
whether confined for debt or crime in any of the
prisons of England."
Upon a review of the foregoing statutes I think it
may be concluded that the state of the law at present
renders it impossible that any such objects as are contemplated in the part of the will of John Hobby above
referred to, should be found. The first part of the testator's gift being for the purposes of education it appears
to me that following the rule adopted by the Court of
Chancery and the House of Lords in the case of Betton's
Charity, the liberated endowment may be applied to
purposes of education, and having regard to the conveyance of 1677 whereby the lands were vested in the
Company, which was thereby charged with the trusts
of the entire foundation, an arrangement confirmed by
the decree of the Court of Chancery in 1679, it seems
to be reasonable that the Clothworkers' Company should
be entrusted with the administration of the new educational fund thus to be created.
The remaining question is on the propriety or expediency of employing the surplus fund on the Sutton
The foundation of this institution and its condition
at the time of my inquiry into the charities of the
Clothworkers' Company are set forth in my report on
those charities, and to that, to avoid unnecessary repetition, I beg to refer.
The master of the school resigned his office (receiving,
I am informed, some compensation from the Company)
soon after my former inquiry, and the school has since
been closed. The school, besides its site, was only
endowed with a rentcharge of 30l. a year, which the
Company in 1605 sold for 360l. and thenceforward
charged themselves with the payment of it. They had
not, however, limited their support of the school to the
amount of the rentcharge, but expended on it for
several years before 1857 annual sums varying from
600l. to 900l. a year, and since the Grammar School
has been closed, their subscription to the National
school of Sutton Valence has amounted to little less
than the annual rentcharge.
The Clothworkers' Company now propose to lay out
3,000l. on the building of the Sutton Valence school. I
have been furnished with a copy of the resolutions of
the Court to that effect, which are as follows:—
"Court 2nd April 1862.
"The following resolutions were agreed to:—
"1st. That in the opinion of this Court it is desirable
to rebuild and reorganise the Company's school at
"2nd That the Sutton Valence Committee be authorised to commence such rebuilding of the school
premises, at a cost not exceeding 3,000l., the plan and
elevation of the building to be submitted to the Court
"3rd. That a complete new code of laws and ordinances be drawn up by the said Committee embracing
all points connected with the internal economy of the
school, which code of laws shall be as much in conformity with the expressed designs and intentions of its
benevolent founder as is compatible with the advanced
state of education, science, and literature, since his
"4th. That no appointment whatever to any office in
the school shall be made till such revised code of laws
and ordinances has received the sanction of the Court.
"5th. That it be an instruction to the Committee not to
admit any regulation or provision in the said rules and
ordinances that would interfere with the school being a
general benefit to members of all Christian denominations."
In pursuance of the second purpose of inquiry, the
expediency of this application of the funds of a portion
of the funds of Hobby's Prisoners' Charity in aid of the
new foundation, I visited the school premises at Sutton
Valence, and met some of the members of the special
committee of the Company appointed on this subject,
and their architect, together with the curate of the
parish, and several gentlemen of the neighbourhood
interested in the proposed institution.
The situation of the town or village of Sutton Valence
is singularly striking and beautiful, overlooking a vast
country on the south comprising the weald of Kent and
Sussex, across Tenterden to the sea on the east, and to
the Surrey Hills on the west. The committee of the
Company think it possesses such natural attractions
that if it were the seat of a first rate educational establishment, it might become a favourite place of residence
for families seeking an education for their children, and
certainly few inland places at a distance from any
populous town have more of natural advantages to
recommend them. Upon such contingencies it is,
however, impossible at this day substantially to speculate,
and the question probably to be considered is whether
there is a sufficiently reasonable prospect of general benefit
from the proposed foundation, that the surplus funds of
Hobby's Charity should be permitted to go in aid of the
considerable funds which the Clothworkers' Company
propose to dedicate to the same purpose from their
Upon a view of the schoolmaster's house and the
school buildings, it appeared very doubtful whether any
valuable or permanent improvement could be made
short of pulling down and rebuilding the whole. This,
I believe, was the opinion of most of the committee and
their architect, and it appeared to me that the premises,
particularly the master's house, were in too dilapidated
a state to justify any expenditure in repairs. It then
became a question whether a better site for the new
school could not be obtained.
The school premises and gardens are on the southern
slope of the hill on which the village stands, and the
houses front the principal street, the gardens rising in
terraces behind, and extending to the top of the hill,
where the outer garden wall abuts upon a lane or occupation road leading to the property of Sir Edward
The ground which forms the table land at the top of
the hill belongs to the same gentleman, who was present
at my visitation, and expressed his willingness to
exchange a sufficient quantity of land on the hill, for
other land belonging to the Clothworkers' Company (not
to the school) on the side of the valley, south of the
school and street. The site thus offered would be on a
level and healthy spot, in a very commanding position,
and would have great advantages over the comparatively
narrow and confined space below, whilst the latter would
be eligible for private residences which would not improbably be in demand, especially if the school were
successful. The members of the committee present
expressed their intention immediately to take steps
for carrying out this exchange between the Company
and Sir Edward Filmer, and thereby to facilitate the plan
of rebuilding and adding to the foundation of the school,
and I am informed that the exchange is now in progress.
There is nothing in the terms of the foundation of the
grammar school of William Lambe, which stands in
the way of the adoption of a scheme for affording by its
means a liberal education to persons of all classes, and
referring to the foregoing resolution of the Court of the
Company of the 2nd April last it does not appear that
there is any inclination to restrict its benefits, but
rather that they are disposed to enlarge them. The
Board will probably refuse to pledge itself to an approval of the application of the funds in question in aid
of a school of which the scheme of admission and
government is not yet before it; but assuming that the
scheme be such as the Board may sanction, the future
income of the five seventeenths of the Hobby
estate still remaining applicable to its original objects if
any should hereafter arise I respectfully submit that
there is no apparent objection to the application of the
existing balance and the income from time to time accruing in aid of the Sutton Valence school.
All which I submit to the Board.
(Signed) Thos. Hare,
Inspector of Charities.
12th August 1862.
APPENDIX B. JOHN LUTE'S CHARITY.
Report of Mr. Skirrow, dated the 10th day of August
TO THE CHARITY COMMISSIONERS FOR
ENGLAND AND WALES.
In the matter of John Lute's Charity, under the
management of the Clothworkers' Company, in
the city of London.
My Lords and Gentlemen,
In pursuance of a Minute of the Board, dated 13th
July 1877, I inquired into the foundation endowments
and objects of the above-mentioned charity, and its
present circumstances and condition, and whether any
and what improvements might be made in the management or application of the same.
In the course of such inquiry, which took place on the
7th August 1877, at the Clothworkers' Hall, Mincing
Lane, I received both oral and documentary evidence,
but not upon oath, and now have to report as follows:
John Lute's Charity.
John Lute, citizen and clothworker, by will, dated the
12th May 1585, and proved in the Prerogative Court of
Canterbury on the 6th February 1586, devised four
messuages, with the shops, &c. thereto belonging, in the
parish of St. Dionis, Backchurch, then rented at 9l. 13s. 4d.
a year, a messuage called the Leaden Porch, with the
shops, &c. thereto belonging, in the parish of St.
Lawrence, Old Jewry, then rented at 6l. a year, and a
messuage, with the shops, &c. thereto belonging, called
the Lute and Maidenhead, in the parish of St. Michael,
Cornhill, then rented at 10l. a year, to the master,
wardens, and commonalty of clothworkers and their
successors; and he willed that they should demise the
premises and should from the profits arising by the
fines of such leases within four months after they should
have raised 200l., thereby, lend and deliver the 200l.,
as follows, viz.:—100l. thereof to five young men free
of the corporation, 20l., a piece for three years; and
the other 100l. to 10 honest householders, freemen
of the Company, 10l., a piece for three years, on
good security, and so from three years to three years
for ever. And he willed that the master and wardens
should of the profits of the premises pay to some learned
man for a sermon in the parish church of St. Michael,
Cornhill, on the feast day of St. Luke 6s. 8d., and to
every person of the livery present thereat 4d.; that the
master and wardens should yearly provide 12 men's
gowns, and 12 women's gowns, 12 men's shirts and
12 women's smocks, 12 pairs of shoes for men and 12
for women, and distribute the same on the feast of St.
Luke among 12 poor men and 12 poor women present
at the sermon, nominated by the master and wardens,
six men and six women to be free of the Company, and
six men and six women to be of the parish of St. Michael,
Cornhill, and that the master and wardens should have
yearly for their pains 3s. 4d. each, that the clerk and
headles should have 3s. 4d. each, and that the rest of the
fines and yearly profits should remain towards the
necessary reparations of the premises and towards the
charges, affairs, and relief of the Company of Clothworkers, according to the good discretion of the master,
wardens, and assistants of the Company for the time being.
On 17th March 1832 an information (afterwards
amended by an order of 21st July 1832) was filed by the
Attorney-General at the relation of J. S. Hall and
Effingham Wilson v. the Clothworkers' Company praying,
amongst other things, that an account might be taken
as to the moneys to be applied in loans under the will, and
that any lost money should be made good out of the
The Company by their answer of 14th June 1832
stated that they had not for 20 years made any loans,
and also admitted that they declined to make any further
loans and said that inasmuch as the testator had given
the rest of the fines, after raising the 200l., to the
defendants "towards the charges, affairs, and relief
of the Company according to the discretion of the
defendants," the defendants in exercise of such discretion carried over the same to the general fund of the
Company, disposable for charitable purposes, and have
thereout expended and still expend large sums in the
relief of poor freemen of the Company, and keep up and
augment divers useful charities connected with the
By an order dated 17th July 1833 it was ordered that
the Company should carry to the credit of an account
to be opened in the books of the Company under the
head of John Lute's Charity 200l. bequeathed by his will,
and also 100l., the amount of 10 years' interest on the
200l., making together 300l.; and it was ordered that
one moiety of the 100l. be added by the Company to the
loans to five young men, free of the Company, and the
other moiety to the loans of 10 householders, freemen of
the Company, so that for the future the loans of 20l.
each to the young men, free of the Company, should be
increased to 30l. each, and the loans of 10l. each to 10
honest householders should be increased to 15l. each.
And it was ordered that the accounts of the application
of the 300l. should be kept distinct from the other
accounts of the Company. And it was ordered that the
costs of the relators and the Attorney-General should be
paid by the Company from their corporate funds.
By a scheme of the Charity Commissioners for "the
Clothworkers' Loan Charities" (now in progress), after
reciting that by an order of the Court of Chancery, dated
the 31st July 1840, and made in the matter of the Clothworkers' Company, it was ordered that the sum of
2,143l. 0s. 8d., being the amount of certain charitable
donations (300l. of which money arose from John Lute's
Charity), should, after deducting certain costs, be lent
and advanced according to a report of the master, dated
21st July 1840; and that it was apprehended that besides
301l. 15s. 2d., part of the Loan Funds, other parts of
such funds amounting to 1,000l. would be irrecoverable,
and that the Company, with a view to the advancement of
education, had offered to make up out of their corporate
funds the apprehended deficiency, so as to complete
the full sum of 2,018l. 9s. 6d. (being the sum of
2,143l. 0s 8d. in their hands at the date of the order, less
the costs of obtaining the same), as the sum applicable
to the advancement of education; it was declared that
it was desirable to apply for the advancement of education the several Loan Funds subject to certain payments
and that the sums applicable to the poor of the Clothworkers' Company (amounting to 11l. 2s., none of which
is derived from John Lute's Charity) should be administered in accordance with such scheme.
Schedule of Real and Personal Property.
|Description of Property.||Acreage.||Tenants of real Property or Persons in whose Names personal Property is invested.||Term in real Property.||Gross annual Income.|
|Real Property.||A. R. P.||£||s.||d.|
|1. 47, now known as 48a, Moorgate
Street.||John Joseph Tanner||79 years, expiring
|48, Moorgate Street|
|2. 11 and 12, Fenchurch Street||Andrew Bowing||99 years, expiring
|16, Cornhill||J. W. and G. Sarl||61 years, expiring
Lady Day, 1918.||600||0||0|
Observations on the Property.
No. 1.—These five houses were purchased with money
derived out of the sale by the Company of the premises
in the parish of St. Lawrence, Old Jewry, devised by the
No. 2.—These two houses now represent the four
messuages, with the shops, &c., in the parish of St. Dionis,
No. 3.—This house represents the messuage, with the
shops, &c., called the Lute and Maidenhead, in the parish
of St. Michael, Cornhill.
The disposition in John Lute's will, which gives "the
rest of the fines and yearly profits not only towards the
reparations of the premises, but also towards the
charges, affairs, and relief of the Company according to
the good discretion of the master and wardens and
assistants of the Company for the time being," distinguishes this case from the Wax Chandlers v. the
Attorney-General (House of Lords) English and Irish
Appeals, vol. VI., p. 1.
The case, however, of the Corporation of Southmolton
v. the Attorney-General, 6 House of Lords cases, p. 1, is
in favour of the surplus or residue going to the Clothworkers' Company. That case lays it down that it is a
question to be determined by the particular words of
each will whether a gift of "surplus" or "residue"
means "surplus" or "residue" or a mere proportional
share of a particular fund and that where after the
gift of a fund charged with certain payments the words
were " and the overplus which the estates produce more
than all these disbursements do amount to (which I
do find and compute to be about 60l.) shall go one
half to the Mayor of Southmolton towards the expenses of mayoralty and the other half to mending
certain highways" such surplus or residue went to
1. As to the Loan Branch of this charity, that is in
process of being dealt with under a scheme of the
Charity Commissioners, which was approved of by them
in July 1877 and subsequently submitted to the Committee of Council on Education. For a copy of this
scheme see Appendix A. hereto.
2. As to the remaining branch of the charity it is
said that the early account books of the Company show
that the cost of providing the clothing, as directed by
the will of John Lute, was annually
|12 gowns of freize for men; 12
growns of freize for women||9||12||0|
|12 shirts of Lockram for men; 12
smocks for women||3||10||0|
|12 pairs of shoes for men; 12 pairs of
shoes for women||2||8||0|
|Paid for a sermon at St.
|Paid to the master and four
wardens, 3s. 4d. each||0||6||8|
|Paid to clerk and beadle
of Company, 3s. 4d. each||0||6||8|
|Paid 120 attending,
The rents increased and the annual expenditure upon
this branch of the charity also increased, until in 1876
it reached the following amount:—
|12 men's suits, 4l. 15s. 10d.
|12 women's suits, 3l. 3s. 7d.
|Payments to officers, &c.||14||2||0|
|24 recipients a gift of 1l. each||24||0||0|
In 1875 a great coat of the value of 38s. 6d. was exceptionally given to the men and a waterproof cloak of
the value of 18s. 6d. to the women in addition to the
regular suits of clothing.
In 1875 the money donation was increased to a sovereign
and the allowance for making up the clothes merged
In Appendices B. and C. will be found schedules setting forth in detail the above payments.
On the 24th July 1877 the Trust Committee of the
Company resolved that the clerk be authorised to furnish
Mr. Inspector Skirrow with any evidence or information
he may require on the subject of his inquiry and that
the court be requested to sanction a liberal settlement of
the claim of Lute's Charity.
On the 1st August 1877 this resolution was approved
of by the court of the Company.
Under these circumstances I recommend that the
sum of 4,458l. 6s. 8d. Consols, which will produce an
annual dividend of 133l. 15s., the present amount of the
annual expenditure upon this branch of the charity, be
accepted in satisfaction of all claims the charity may
have against the Company in respect of John Lute's
Charity. Mr. Roberts, the clerk of the Company, who
alone attended the inquiry, expressed an opinion that
the court might entertain this proposal favourably, but
only on the condition of the Company being released
from all further claims or liability either in law or
equity under the will of John Lute; but that if any
question was to be raised as to the construction of the
residuary clause in the will, the court would prefer the
matter being referred at once to the Attorney-General
for final determination in a court of law.
Mr. Roberts also added that a scheme had been
framed for the future administration of this and
Middlemore's Charities under the management of the
Company (to be found in Appendix D.) which was
approved of by a resolution of the Company, dated the
24th July 1877; but that inasmuch as the fourth paragraph of such scheme had been framed upon the
assumption that the "technical" liability of the
Company in respect of John Lute's Charity would be
assessed at 1,500l. only, the substitution of so much
larger a sum, viz:—4,458l. 6s. 8d. consols, in lieu of
such 1,500l., would render some modification of such
The Company now await a communication from the
Charity Commissioners upon the matters coutained in
this report which I submit, &c.
10th August 1877.
In the matter of the master, wardens, and commonalty
of freemen of the art or mystery of clothworkers of
the city of London; and
In the matter of the donations of Augustin Hynde,
Thomas Ormston, John Mackell, Dame Elizabeth
Lyon, Sir Thomas Rowe, Lady Hinde, John Halse,
William Armer, John Haydon, William Lambe,
Peter Shales, John Lute, Alexander Iverie, John
Southall, William Blount, John Burnell, James
Stoddard, Samuel Lese, James Burkin, Richard
Farrington, Sir William Stone, Ralph Harmer,
Roger Wilcockes, and Katherine Hylson; and
In the matter of the Endowed Schools Acts, 1869, 1873,
Scheme for the Application of the above-named
Recital of Order in Chancery
Whereas by an Order of the High Court of Chancery,
dated the 31st July 1840, and made in the matter of the
Clothworkers' Company (being the above-named
master wardens, and commonalty), and of the Act of
Parliament 52 George III. cap. 101, it was ordered that
the sum of 2,143l. 0s. 8d. therein mentioned (being the
amount of the above-named donations in the hands of
the said Company) should, after deducting therefrom
the costs of obtaining the said Order, be lent, advanced,
and disposed of as by the report of the master in the
said matter was approved and certified, that is to say,
that the said sum, subject to the payment of the costs
aforesaid, should be divided into two several funds to be
called respectively "the Loan Fund bearing interest,"
and "the Loan Fund not bearing interest," and that the
management of the said funds should be vested in the
Clothworkers' Company, and be lent or advanced, by
way of loan, to freemen or members of the said Company, in such sums and on such terms as was therein
provided concerning the said funds respectively, and
that the interest of the said Loan Fund bearing interest
should from time to time be duly apportioned and
divided between the several donations given by the
above-named John Burnell, John Haydon, Katherine
Hylson, Alexander Iverie, Samuel Lese, James Stoddard,
and Roger Wilcockes respectively, in proportion to the
amount of such donations respectively, or of what had
been received in respect thereof, and such interest and
the respective apportionments thereof should be applied
by the said Company as far as the same would extend
for or towards the charitable purposes respectively
declared of and concerning such interest in and by the
respective wills or instruments relating thereto.
Recital of application of funds under Order.
And whereas the costs of obtaining the said Order
amounted to the sum of 124l. 17s. 2d., which was duly
paid out of the said sum of 2,143l. 0s. 8d, whereby the
same was reduced to the sum of 2,018l. 9s. 6d., which
said sum in pursuance of the said Order was divided
into two several funds, and the sum of 800l. part
thereof was appropriated to the Loan Fund bearing
interest, and the sum of 1,218l. 9s. 6d. to the Loan Fund
not bearing interest.
Recital of loss of funds.
And whereas from time to time, since the date of the
said Order, sums, amounting in all to the sum of
301l. 15s. 2d., parts of the Loan Fund not bearing interest,
have been lost and become irrecoverable owing to the
default of borrowers and their sureties, whereby the
said Loan Fund not bearing interest has become reduced
to the sum of 916l. 14s. 4d.
Recital of provisions as to application of interest.
And whereas under the said Order and certain of the
wills and instruments therein referred to sums forming
part of the annual interest of the Loan Fund bearing
interest are applicable in manner following, that is to
|To the Mercers' Company||3||6||8|
|Doles for poor of the parish of
St. Michael, Crooked Lane||2||12||0|
|Doles for poor of the parish of Great
|Doles for poor of the parish of
St. Martin, Ironmonger Lane||2||10||0|
|Doles for poor of the parish of
St. Olave, Jewry||1||10||0|
|Doles for poor of the Clothworkers'
Recital as to apprehended further losses.
And whereas it is apprehended that, besides the said
sum of 301l. 15s. 2d., other parts of the said Loan Funds,
or one or other of them, amounting in all to the sum
1,000l., or thereabouts, may in fact, on being called in,
prove to be irrecoverable, owing to the default of
borrowers and their sureties, but the nominal sums
standing to the credit of the said Loan Funds respectively
in the books of the Clothworkers' Company are as
follows, that is to say:
|The Loan Fund bearing interest||800||0||0|
|The Loan Fund not bearing interest||916||14||4|
|Making together the sum of||1,716||14||4|
Recital of desire of Clothworkers' Company to apply funds to education.
And whereas the Clothworkers' Company are desirous
that the said Loan Funds, or so much of the same respectively as is now recoverable, but subject to the payment
of the said several annual sums payable to the Mercers'
Company and to the poor of the said parishes of St.
Michael, Crooked Lane, Great Stanmore, St. Martin,
Ironmonger lane, and St. Olave, Jewry, amounting in
all to the said sum of 12l. 11s. 4d. (herein-after called
the external charges), and also that the said sums
hitherto applicable to doles payable out of interest of
the Loan Fund bearing interest to the poor of the
Clothworkers' Company, amounting in all to the annual
sum of 11l. 2s. 0d., should be applied for the advancement of education in manner herein-after appearing.
Recital of proposed gift by Clothworkers' Company.
And whereas the Clothworkers' Company, with a view
to the further advancement of education, have offered
to make up out of their corporate funds all the actual
and apprehended deficiency of the said Loan Fund respectively, so as to complete the full sum of 2,018l. 9s. 6d.
(being the said sum of 2,143l. 0s. 8d. in the hands of the
Clothworkers' Company at the date of the said Order, less
the costs of obtaining the same), as the sum to be made
applicable to the advancement of education as aforesaid:
Declaration under Endowed Schools Act. 1869, § 30.
Now it is hereby declared by the Charity Commissioners for England and Wales, with the consent of the
Clothworkers' Company, that it is desirable to apply for
the advancement of education the said several Loan
Funds, subject to the payment of the external charges,
and also the said sums hitherto applicable to doles
payable out of interest of the Loan Fund bearing
interest to the poor of the Clothworkers' Company.
And the said Loan Funds (subject as aforesaid), and
also the said said sums applicable to doles to poor of the
Clothworkers' Company, shall henceforth be administered in accordance with the following provisions of
Payment to North London Schools for Girls on certain terms.
1. As soon as conveniently may be, the Clothworkers'
Company shall pay to the governing body of the trust
for carrying on the North London Collegiate and Camden
Schools for Girls the said full sum of 2,018l. 9s. 6d. (including therein the said several Loan Funds, or so much
thereof as may now be recoverable), to be held by the
said governing body in trust to apply the same in the
erection of school buildings in accordance with the
provisions of the subsisting scheme for the management of the said trust, and in addition to the moneys
by the said scheme authorised to be applied in like
manner: Provided that such buildings shall comprise a
principal hall, to be called the Clothworkers' Hall, for
the assembly of the girls attending the collegiate
school of the said trust, and for other purposes of the
said trust: Provided also, that the said governing
body shall in every year if required so to do by the
Clothworkers' Company during such year or within
reasonable time afterwards, pay to the said Company
the said sum of 12l. 11s. 4d. in respect of the external
charges: Provided lastly, that the said governing body
in the mangement of the said trust, shall comply with
the provisions of this scheme, so far as the said trust
may be affected thereby.
Provision for external charges.
2. From and after the date of this scheme the Clothworkers' Company shall pay and distribute the external
charges as heretofore, by means of the said annual sum
of 12l. 11s. 4d., or otherwise as they think fit.
Regard to freemen and and members of Clothworkers' Company.
3. Daughters of poor freemen or members of the
Clothworkers' Company recommended as meritorious to
the said governing body by the master, wardens, and
court of assistants of the said Company, by writing
under the hand of the master, or the hands of any two
of the wardens, shall, on being found fit in accordance
with the provisions of the scheme for the management
of the said trust and on payment of the entrance and
tuition fees payable by candidates for admission for the
time being, be admitted to the schools of the said trust
in preference to other candidates for admission; provided, that whenever ten scholars having had the
benefit of such preference are attending the schools, no
further such recommendation as aforesaid shall be made
by the said master and wardens until at least one of such
scholars shall have ceased to attend the schools.
Charity Commissioners to make new Schemes.
4. The Charity Commissioners may from time to
time, in the exercise of their ordinary jurisdiction,
frame schemes for the alteration of any portions of
this scheme, provided that such schemes be not inconsistent with anything contained in the Endowed
Schools Acts, 1869, 1873, and 1874.
Loan Funds to be governed exclusively by this scheme.
5. From and after the date of this scheme the said
Loan Funds and premises shall for every purpose, except
as herein provided, be administered and governed
wholly and exclusively in accordance with the provisions
of the same scheme, notwithstanding any former or
other scheme, Act of Parliament, charter or letters
patent, statute, or instrument relating to the same
Scheme to be printed and sold.
6. The Clothworkers' Company shall cause this scheme
to be printed, and a copy to be given to every master
and warden of the Company, and to every chairman
of the said trust for carrying on the North London
Collegiate and Camden Schools for Girls upon their
respective appointments, and copies may be sold at a
reasonable price to all persons applying for the same.
Date of scheme.
7. The date of this scheme shall be the day on which
Her Majesty by Order in Council declares Her approbation of it.
At a meeting of the Board held this day, at which
there were present Commissioners, of whom
one was the Chief Commissioner, this scheme was approved and directed to be submitted to the Committee
of Council on Education.
Lute's Clothing Trust.
|—||Total expended.||Money. (fn. 3) ||Clothing.||Anniversary Expenses.|
|1867||105||3||4, viz.: ||—||83||0||6||22||2||10|
|3,500l. Consols = 105l. per annum.|
|Middlemore||1,500l. " = 45l. "||102l.||5s.||9d.|
|Originally 15l. 10s. 12 men's suits at 4l. 15s. 10d.||57||10||0|
|12 women's suits at 3l. 3s. 7d.||38||3||0|
|At 6s. 8d. Sermon preached at 63s., 6s. 8d. (fn. 4) ||3||3||0|
|At 16s. 8d.||Master and wardens at 21s., 3s. 4d. apiece||5||5||0|
|At 3s. 4d.||Clerk of the Company at 10s., 3s. 4d.||0||10||0|
|At 6s. 8d.||Beadle, 3s. 4d., and under beadle, 3s. 4d.||0||10||0|
|Nil||Parish clerk and sexton, 5s. each||1||1||0|
|" Organist, 10s., "blower," 1s.|
|" Charity children at 6d., instead of livery, 4d.||2||4||0|
|" Schoolmaster and mistress, 5s. each|
|" Parish beadle||0||2||6|
|" Refreshments for recipients, at 1s.||1||4||0|
|Originally nil||Recipients a sovereign apiece||24||0||0|
Lute's Charity.—Particulars of Clothing Contract.
|1 black-blue suit of cloth (made up)||3||0||3||3||0||3||2||13||6||2||13||6||2||13||6|
|Linen for shirts (1s. 6d. allowed for making up)||0||4||1½||0||4||1½||0||4||8||0||4||8||0||4||8|
|1 black silk neckerchief||0||4||0||0||4||0||0||4||0||0||4||0||0||4||0|
|I pair of boots||0||6||6||0||6||6||0||6||0||0||6||0||0||6||0|
|1 pair of stockings||0||1||11||0||1||11||0||3||9||0||3||9||0||3||9|
|Allowed towards making shirts, 1s. 6d.
(Increased to 2s. 6d., 1869.—O. R.)||0||1||6||0||1||6||0||2||6||0||2||6||0||2||6|
|Merino for gown (4s. allowed for making up)||0||11||5½||0||11||5½||0||11||5½||0||11||5½||0||11||5½|
|Serge for petticoat||0||6||2||0||6||2||0||5||6||0||5||6||0||5||6|
|Flannel for petticoat||0||4||6||0||4||6||0||4||5||0||4||5||0||4||5|
|Linen for smock (1s. 6d. allowed for making up)||0||4||1½||0||4||1½||0||4||8||0||4||8||0||4||8|
|1 pair of boots||0||5||7||0||5||7||0||5||3||0||5||3||0||5||3|
|1 pair of stockings||0||1||6||0||1||6||0||2||11||0||2||11||0||2||11|
|Allowed towards making gown 4s., and smock 1s. 6d.
(Increased to 2s. 6d. 1869.—O. R.)||0||5||6||0||5||6||0||6||6||0||6||6||0||6||6|
|Owen Roberts, Clerk to Company.||2||14||4||2||14||4||2||15||8||2||15||8||2||15||8|
|1 black-blue suit of cloth (made up)||2||16||0||2||16||0||2||16||0||3||2||6||3||2||6|
|Cotton for shirts||0||4||8||0||4||8||0||4||8||0||4||8||0||4||8|
|1 black silk neckerchief||0||4||6||0||4||6||0||4||6||0||4||6||0||4||6|
|1 pair of boots||0||7||0||0||7||0||0||7||0||0||9||3||0||9||3|
|2 pairs of stockings||0||4||4||0||4||4||0||4||4||0||4||9||0||4||9|
|Allowed towards making shirts||0||2||6||0||2||6||0||2||6 (fn. 5) ||—||—|
|1 pair gloves||—||—||—||0||1||5||0||1||5|
|Merino for gown||0||12||10||0||12||10||0||12||10||0||14||6||0||14||6|
|Serge for petticoat||0||5||10||0||5||10||0||5||10||0||6||4||0||6||4|
|Flannel for petticoat||0||5||2||0||5||2||0||5||2||0||9||4||0||9||4|
|Linen for smock||0||4||8||0||4||8||0||4||8||0||4||8||0||4||8|
|1 pair of boots||0||5||6||0||5||6||0||5||6||0||8||0||0||8||0|
|2 pairs of stockings||0||3||1||0||3||1||0||3||1||0||3||4||0||3||4|
|Allowed towards making gown 4s., and smock 2s. 6d.||0||6||6||0||6||6||0||6||6 (fn. 5) ||—||—|
|1 pair gloves||—||—||—||0||1||2||0||1||2|
Mem.—In 1875 a great coat of the value of 38s. 6d. was exce ptionally given to the men, and a waterproof cloak of the value
of 18s. 6d. to the women, in addition to the regular suits of clothing. —O. R.
TRUSTS AND GENERAL SUPERINTENDENCE
COMMITTEE, 24 July 1877.
Middlemore's and Lute's Charities.
Resolved that the clerk be directed and authorised to
furnish Mr. Inspector Skirrow with any evidence or
information he may require on the subject of his inquiry, and that the Court be requested to sanction a
liberal settlement of the claims of Lute's Charity.
"Received and adopted" by the Court of 1st August
The Committee proceeding further to consider the
new scheme to be propounded to the Charity Commissioners in the matter of Middlemore's and Lute's
Clothing Trusts in pursuance of the reference of court
to that effect, beg leave to submit the following heads
of new scheme accordingly, and recommend the same
for adoption by the court, viz.:—
In the matter of John Lute's Charity Trust founded by
will dated 12th May 1585;
In the matter of Samuel Middlemore's Charity Trust
founded by will dated the 22nd October 1628; and
In the matter of John Middlemore's Charity Trust
founded by will dated the 22nd June 1647.
Draft Scheme for the Management of the above Charities.
1. The income of Middlemore's and Lute's Charity
Trusts shall be received by the Clothworkers' Company
of the city of London, and shall be applied by them in
manner herein-after provided, that is to say:—
2. The dividends arising from 1,500l. Consols standing
in the name of the Official Trustees of Charitable Funds
in trust for Samuel and John Middlemore's Charities,
or the produce thereof invested in land by and with the
authority of the Charity Commissioners, shall be spent
and applied in providing clothing and fulfilling the
several other directions of the will of Samuel Middlemore dated 22nd October 1628, so far as the endowment
admits thereof, and with power for the Company to
vary the several antique articles of apparel specified in
the said will of Samuel Middlemore, in favour of other
and modernised articles of apparel, and provided that
the whole of the produce of the charity endowment,
less 5l. reserved for John Middlemore's Charity, be
spent in and about the charitable and other trusts
declared in the said will of Samuel Middlemore.
3. The sum of 5l. arising from the said sum of 1,500l.
Consols shall be applied in paying 5s. apiece to the 20
recipients of Samuel Middlemore's Charity, pursuant
to the will of John Middlemore, citizen and clothworker,
dated 22nd June 1647.
4. The dividends arising from l. Consols standing
in the name of "the Official Trustees of Charitable
Funds" in trust for John Lute's Charity shall be spent
and applied in providing clothing for 12 poor men and
women, and fulfilling the several other directions of the
will of John Lute, citizen and clothworker, dated 12th
May 1585, concerning the said poor men and women
and their attendance at church, and the sermon to be
preached on the feast of St. Luke annually so far as the
endowment admits thereof, and with power for the
Company to vary the several antique articles of apparel
specified in the said will of John Lute, in favour of
other and modernised articles of apparel, provided that
the whole of the produce of the charity endowment be
spent in and about the charitable and other trusts
declared in the said will of John Lute.
5. The charities of Samuel and John Middlemore
shall be distributed on the feast of St. Luke annually
or within seven days thereafter, at the same time as
John Lute's Charity in the church of St. Michael,
Cornhill and St. Clement, Eastcheap, in alternate
years, but without prejudice to the claims of the beneficiaries entitled to the several annual payments indicated in the wills of Samuel Middlemore and John
Lute respectively, so that one sermon only shall be
preached on the occasion of the distribution of Middlemore's and Lute's Charities annually.
6. The Clothworkers' Company shall have power and
discretion in nominating the recipients of Middlemore's
and Lute's Clothing Charities, to substitute such other
poor aged men and women dwelling near or within the
city of London or within the limits of the Metropolitan
Parliamentary boroughs or postal area, elsewhere than
within the parish of St. Clement near Eastcheap, or
St. Michael upon Cornhill, preference being observed
in favour of such deserving aged men and women as
may have been resident or employed for a period of
seven years and upwards within the limits of either of
the said parishes and likewise to nominate and substitute any decayed or poor aged men and women who
may have been resident or employed within the limits
of the Metropolitan Parliamentary boroughs or postal
area for a period of seven years and upwards at the
discretion of the master, wardens, and court of assistants
irrespective of the qualification of their being necessarily freemen or freewomen of the said Clothworkers'
7. The Clothworkers' Company shall have power and
discretion to substitute a money distribution in lieu of
the gifts of clothing or other apparel or coals mentioned
in the will of Samuel Middlemore and John Lute, provided that the total produce of the charity endowments
in each case be made applicable to the relief of the
charity recipients, exclusive of the several sums payable
to the several officials concerned in the administration
of the charity under the said will.
8. The charities of Samuel and John Middlemore
and John Lute shall hereafter be distributed together
on one anniversary day, and not on two separate anniversaries as heretofore.
Resolved further, that Middlemore's and Lute's Charity
recipients be summoned to attend St. Michael's, Cornhill, on St. Luke's day next ensuing (1877) and that the
rector and churchwardens of St. Clement's, Eastcheap,
be advised of the change.
Received and adopted by the Court of 1st August
Clerk to the Company.