Bedfordshire Archives Service Catalogue
  • Reference
    X732/2
  • Title
    Order, Judgement and Decree subsequent or pursuant to an Inquisition under a Commission of Charitable Uses sub pena £200 regarding the 'Poors Land' in Harlington. 2½ membranes
  • Date free text
    4 Dec 1683
  • Production date
    From: 1600 To: 1683
  • Scope and Content
    Deed Poll opening with Royal Salutation (Latin) to Lettice Wingate and Francis Wingate, knight, and all and singular other interested persons, and continuing with preamble (Latin) reciting certificate of William Daniel, Richard Stone, John Lowe, Montague Pickering, esquires, Samuel Rhodes, Simon Urlin, Thomas Snagg, Benjamin Conquest and Thomas Cheyne, gentlemen, Commissioners by virtue of a Commission under the Great Seal directed to them that they, by virtue of an Act of Parliament of 43 Elizabeth I (1600/1), inquire etc., returned into Chancery 'in these words ….Whereas' (see recitals) Bedford: at Ampthill 6 Nov 1683 Recitals: Inquisition, indented, taken at Ampthill, before William Daniel, Richard Stone, John Lowe, Montague Pickering, Samuel Rhodes, Simon Urlin and Thomas Cheyne (by virtue of a Commission under the Great Seal, dated 2 August 1683, directed to them and others, for the due execution of a Statute of 27 October 1601 entitled 'An Act to redress the misemployment of lands, goods and stocks of money heretofore given to charitable uses') by and upon the oaths of Thomas Arnold of Ampthill, esquire, John Beale of Toddington, gentleman, Thomas Bigg of Barton, gentleman, Richard Denbigh of 'Beckerings' (Ridgmont), gentleman, Thomas Sicklin of Holcot, gentleman, John Pitkin junior of Kempston, gentleman, William Bedell of Wilshamstead, gentleman, John Odell of Salford, gentleman, Matthew Ancell of Shillington, gentleman, Charles Richards of Ampthill, Thomas Crawley of Milton Bryan and Simon Taylor of Woburn, gentleman, 'good and lawful men of the county of Bedford', in which it was then and there found that the following lands and tenements viz. a) toft or piece of pasture ground in Harlington whereon a house did heretofore stand containing ½ acre and lying near the house of John Coles and now in the tenure of William Sinfeild b) a pightle of pasture in Harlington called Church Wicks (1 acre) lying before the gate of one Thomas Fells, now also in the tenure of William Sinfeild c) close of pasture in Harlington (1 acre) lying by a lane called Long Lane leading from Harlington to the Grange Mill and abutting upon a close called Stockins, now or late in the tenure of Thomas Fells d) piece of arable land lying in the common fields of Harlington near Wadloe Ford adjoining to the lane leading from Harlington to the said Wadloe Ford, containing 2 roods, and in the tenure of Sir Francis Wingate e) balk commonly called Church Balke in Harlington leading into Midle Mead, containing 1 acre, and in the tenure of Sir Francis Wingate f) 2 lands of arable land (2 roods) lying in Harlington behind Frogghall house in Hordfeild, in the tenure of Samuel Page g) 1 land in the same field before Frogghall gate a little way beyond the bridge, containing ½ acre, and in the tenure of Samuel Page h) another land in the middle of the same field next Sharpenhoe Field, containing ½ acre, abutting on the brook that runs between the said field and a place called the Munt, and in the tenure of Samuel Page j) 3 lands more there (3 roods) lying at the further end of the said field by the brook side, in the tenure of Samuel Page k) 1 land more there (½ acre) lying at Ford stone and leading upward to Sundon Holt, also in the tenure of Samuel Page … had been heretofore given, limited, assigned or appointed to and for the relief of the poor and other charitable uses to be paid and performed within the town of Harlington; that the inhabitants of Harlington or some claiming under them etc., had for time immemorial been possessed of and held and enjoyed a) - k); that a) -k) are and for 40 years were of the clear worth and value of £5..9s per annum; that (the jurors further present) Sir Francis Wingate and his ancestors or Lettice Wingate, widow, mother of Sir Francis Wingate, have for 40 years held the possession and received the rents and profits of a) - k) and have yearly paid (excepting the last year ending at Lady Day 1683) to the Churchwardens and inhabitants of Harlington sums of £1..6s..8d per annum and no more; that (they further present) about 30 years ago there was a messuage or tenement standing upon a) and the said toft was formerly inclosed with quick hedges but the hedges are now down, that b) was formerly parted by quick hedges from a piece of ground called Boustreds orchard which is now laid into it and the hedge pulled down; that c) was also fenced round but the hedge thereof, next to Bell Close, was pulled down about 30 years ago; that the said tenement was pulled down by Mr Francis Wingate, father to Sir Francis, or his order, and the hedges were pulled down by Mr John Wingate, grandfather to Sir Francis, and the materials of the house were carried away by Mr Francis Wingate and were really worth £20 at least; that Sir Francis Wingate has, within the last year, cut down and carried off the premises 2 oaks worth 40s and 5 'spires' worth 30s; that £4..2s..4d per annum, being the remainder of the said £5..9s per annum (the yearly value or rent of the premises), has been withheld and detained by Sir Francis Wingate and his ancestors or the said Lettice for 40 years and one or other of them ought to pay the same in respect of both of them and their ancestors (having received the rents and profits of the premises for the time said, Lettice being left possessed of a very considerable personal estate as executor of her late husband Francis Wingate, and Sir Francis Wingate being seised of a very plentiful real estate which descended to him as heir at law to his said late father and grandfather; that they ought to pay the said arrears with damages for 'theyre detaining thereof to this time' and ought to pay likewise to and for the use of the charity £5..9s, for last year's value of the premises, £20 for the materials of the said tenement, and £3..10s for the trees cut down and damages for the same; and lastly that (they present and find) the £1..6s..8d per annum received as aforesaid has been duly paid and disposed of yearly by the Churchwardens of the parish save only the last year as aforesaid as appears in and by the inquisition annexed hereunto That Sir Francis Wingate was summoned and had due notice of the matters complained of and of the execution of this commission and did, accordingly, by his counsel or agent, attend and was fully heard as to his defence to the said complaint at the time the Inquisition was taken That William Daniel and the other Commissioners having duly considered all the matters and things found and presented in and by the jurors' inquisition and being fully satisfied that the premise a) - k) do of right belong to the town and charities aforesaid and that the entire rents, issues and profits thereof ought to have been applied and disposed of to and for the said uses That there are no persons duly qualified by law to let, sell or dispose of the premises by lease or otherwise to and for the best benefit and advantage of the said charitable uses and several worthy persons having been proposed to the Commissioners by the inhabitants of the town to be trustees for the said charitable estate and to let and dispose thereof and receive the rents, issues and profits of the same to the uses they ought to have been applied to Present Decree ('Now for the prevention of the like abuses for the future…') 'Wee (the Commissioners) … authorised and appointed for the due execution of the said Statute and commission do (by virtue of the same) order, ajudge, and decree…' … That Sir James Astrey of Harlington, knight, John Burre of the same, gentleman, Richard Pedder of the same, gentleman, William Martin senior of the same, gentleman, William Martin junior of the same, gentleman, John Lawrence of the same, gentleman, William Avery of the same, yeoman, Richard Carter of the same, yeoman, William Burre of Shillington, gentleman, Luke Astry of Lincolns Inn, esquire, and their heirs and assigns shall be trustees for the premises aforesaid and shall stand and be seised thereof etc., and may and shall lease, sell and dispose thereof for the best improved rent they can for the increase and greater benefit of the said charities and demand, receive and take the rents, issues and profits thereof and, by and with the consent of the Minister and Churchwardens of the parish, dispose of the same to and for the relief of the poor inhabitants of the said parish as to the trustees, parson and churchwardens shall seem meet: and when the number of trustees shall be reduced to 2 or 3 then the surviving trustees shall, within six months of the same happening, seal and execute such feoffment or other conveyance to 6 or 8 able and sufficient inhabitants in and near the said town of Harlington to be nominated by the Minister and Churchwardens and the surviving trustees and their heirs in trust to and for the charities and the same method to continue for ever, the charge of which writings to be allowed out of the charities Reciting that it appears to the Commissioners 'by sufficient evidence before us' that Mr Francis Wingate died in April 1675 and that since his death Sir Francis Wingate has had the possession of d) to e), being 2 acres, and Lettice possession of the residue of the said lands chargeable as aforesaid and both have received the rents and profits thereof to their own private use, the 2 acres being worth 14s per annum and the rest of the lands being worth £4..15s (which makes the £5..9s found by the inquisition) and the inquisition having found that Francis Wingate died seised of a very plentiful real estate, which descended to Sir Francis Wingate as heir at law, and possessed of a vey great and plentiful estate sufficient to discharge all his debts and funeral expenses with a great overplus which came to the hands of Lettice as his executor… … That Lettice Wingate and Sir Francis Wingate or either of their heirs etc., shall, within one month of being served with a writ of execution of this decree, pay to the said trustees or their appointees £174..8s for the arrears of the profits of the said lands to the time of Francis Wingate's death, being 32 years at Lady Day past, and £30 for damages for detaining the same for the time aforesaid and £23..10s for the materials of the house, hedges, fences and trees found by the inquisition to be taken away from the premises and applied contrary to the appointment and intent of the charity aforesaid and £10 for damages for detaining the same … That Lettice shall, within etc., pay to the said trustees £33..5s for arrears of that part of the said premises she has and still holds and enjoys, for 7 years accrued since the death of her husband Francis Wingate, and £4..15s for 1 year ending at Lady Day past wherein there was nothing paid … That Sir Francis his heirs etc., shall, within etc., pay etc., £4..18s for arrears etc., and 14s for 1 year ending etc., … That out of the money hereby decreed, after 'defaltation' made of the reasonable costs and charges in and about the suing out of the Commission and prosecution of the inquisition and this Decree, the trustees shall expend and lay out £30 in building another house upon a) where the former house stood to be made use of for the charities aforesaid and the residue thereof ... [???] employed and disposed of by the trustees either by purchasing other lands or otherwise to remain as a stock to and for the benefit of the charities Final clause (Latin) binding the addressees to the Decree sub pena £200 Teste me ipso, 4 December 1683. Grimston Pengry Dorse: inscribed 'Relating to the Poors Land in Harlington'
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