Decree of the Commission of Inquiry 12th June 1676
 
Summary:  An decree by the Mayor of Hereford at the Shire Hall regarding the Powell will and his intention to have almshouses built in Bosbury.

1676 decree

  Latin prologue begins “Carolus ... ”

Decrees Ordinances and Orders made at the Shire Hall in the city of Heref[ord] the twelfth day of June in the eight and twentieth year of the reign or our Sovereign Lord Charles the Second, by the grace of God, king of England, Scotland, France and Ireland, defender of the faith etc. by Henry Caldicott, Esquire, mayor of the city of Hereford, Richard Reede, Esquire, Thomas Birch, Clerk, and John Abrahall, Gent. by virtue of his said majesty’s Commission under the great seal dated at Westm[inster] the fifth day of July in the seven and twentieth year of the reign of his said majesty unto them and others directed for the due execution of a ?testame Statute made in the high Court of Parliament holden the seven and twentieth day of October in the three and fortieth year of the Reign of our late Sovereign lady Queen Elizabeth entitled “An Act to redress the misimployment of lands goods and stocks of money heretofore given to Charitable uses” as by the said Commission annexed appeareth.

  Whereas by Inquisition hereunto annexed, it is presented and found amongst other things that John Powell late of London, gent, did by his last will and testament in writing give and bequeath towards the relief of the poor of the Parish of Bosbury in the county of Heref[ord] the sum of twenty pounds for the purchasing of John Allen or John Beard a tenement and small parcel of land lying and being in the town of Bosbury for the building and getting of Almshouses for the use of the poor of the parish of Bosbury aforesaid for ever and for none other use and did thereby will and declare that if the masters of the said parish would not suffer the same money to be employed to the purpose aforesaid that then the said twenty pounds should be and remain to his executor in the said will named.

  And moreover the said John Powell for the better relief of the poor and indigent people of the said parish did thereby give and bequeath fifty and two shillings per annum forever to be paid out of the rents, issues and profits of his said land lying in Catley Rye in the parish aforesaid the which said fifty two shilling per annum he willed should be laid out and employed to buy bread in manner following, that is to say, twelve pence every week forever after his decease to buy six two penny loaves which should every Lord’s day be given and distributed to six of the most aged poor widows or poor man in the said parish, and not to all rogues and bastard-bearing whores, and did further will and declare that the said lands in Catley Rye and the owners thereof should be forever charged and chargeable to pay the said two and fifty shillings per annum forever to the use aforesaid of which said will he constituted and made John Powell, his eldest son and heir, executor.

  And the Jurors aforesaid does further present that the said John Powell, the executor, hath not paid the said twenty pounds but hath purchased the said tenement and small parcel of land in the said will mentioned and hath taken the conveyances and assurances thereof in his own name. And they do further present that the masters and principal parishioners of the said parish are willing and desirous that the said tenement and parcel of land shall be employed for the purpose aforesaid and are willing to build the almhouses there for the benefit of the poor of the said parish and have prepared material for that purpose but in regard the estate in law of and in the said tenement and parcel of land is now vested in the said John Powell, the executor, and his heirs and that he hath made no conveyance thereof to the use aforesaid and that the parishioners by building thereupon before such conveyance made will be trespassers to the said executor and the building of the said almshouses hath hitherto been delayed and the executor aforesaid hath received the issues and profits of the said tenement and land to his own use.

  And they do further present that the said testator, John Powell, died about seven years since and that the two and fifty shillings per annum charged on on the said land at Catley hath been hitherto duly paid and distributed according to the donors will & intention as by the said Inquisition appeareth and whether the said John Powell, the Executor, being duly summoned and appearing before Commissioners presented the will of the said testator with the probate thereof under the seal of the competent ?ordinary whereby the said Charitable bequest did manifestly appear [uncear] them and being required to convey overtly said tenement and small parcel of land and to declare the use to be as by the said will was intended to the intent that the masters and principal parishioners might proceed in building thereupon refused so to do and the said Commissioners by the authority aforesaid do adjudge the same a ?noe employment of the said tenement and parcel of land and do Order and Decree that the said John Powell, the Executor, shall upon request in that behalf be made, assure and convey the said tenement and parcel of land unto and upon six of the principal parishioners of the said parish of Bosbury, and their heirs declaring in the same assurance the same to be in pursuance of the will and testament of the said testator and to the use purpose and intention of and for the building of Almshouses for the use of the poor of the said parish of Bosbury for ever.

  And that the said John Powell, the Executor as aforesaid, shall pay unto the said vicar and Churchwardens of the said parish the rent and profits of the said tenement since the time of his said purchase thereof to be imployed towards the building of the said Almshouse and shall likewise pay the sum of twenty shillings costs towards the sueing forth and executing of the Commission. And the said Commissioners by authority aforesaid do together Declare that the said land in Catley Rye in the said will mentioned shall forever hereafter stand chargeable with the payment of the said sum of two and fifty shillings yearly for the purposes of the said will mentioned and that the owners and occupiers of the said lands shall for ever hereafter duly pay the same accordingly.

  Latin epilogue begins “Sicut ... ”

Transcribed by Barry Sharples.
Thanks to Robert & Helen Lane at Old Court Farm, Bosbury,
who hold the original document, 2015


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