Scope and Content
… the rectory and parsonage of Milton Ernest, and also in the advowson and presentation to the vicarage of Milton Ernest, and also
… the rectory, impropriate parsonage and manor of Kirmond-in-the-Mires
by a conveyance of 30/31 March 1693/4 between
i) Sir Edmund Turner, knight
ii) Sir Justinian Isham, Lamport, Northamptonshire, baronet
Sir Thomas Rolt, Sawcombe, Hertfordshire, knight
Richard Harrison, Balls, Hertfordshire, esquire
John Turner, esquire, father of complainant, and eldest son and heir of i)
Samuel Rolt, Milton Ernest
Edmund Turner, esquire, a son of Sir Christopher Turner, knight
John Adamson, Burton, Lincolnshire, clerk
William Peters of Norfolk, clerk
being a release by i) to ii) for charitable purposes of
… the rectory and impropriate parsonage of Milton Ernest and tithes etc. together with advowson of vicarage of Milton Ernest
to hold upon trust, i.e. that after the death of i) they shall present to the living, when vacant, "some honest and able Divine … who should be of an Exemplary Life and Conversation for Piety Sobriety Charity Humility and other Virtues adorning the Gospel … who should not Desire to have any other Benefit with Cure of Souls during his Incumbancy of the said Vicarage". The clergyman chosen was to enter into articles of agreement (as in the schedule annexed to the Bill of Complaint), and if he refused to do this, having taken the living, then the tithes were to be used not to augment the living, but for some other charitable purpose
by the same conveyance i) granted to ii)
… a rent charge of £7 per annum issuing from the manor of Kirmond in the Mires
which was to be used, £2 to the person who tolled the bell at Milton Ernest to call the people to services, and £5 residue to poor people in Milton Ernest
on death of trustees, survivors should convey property to a competent body on the same trusts, to include the heir male of the body of i) and the heir male of Sir Justinian Isham, when possible
Sir Edmund Turner died in April 1707, leaving an only son John Turner besides daughters, who are all since dead, John leaving Edmund Turner, the complainant, as his only son and heir. After the death of Sir Edmund Turner, the trustees appointed Samuel Shepherd, clerk who was instituted vicar of Milton Ernest and executed articles, as desired. On his death, in August 1723, all the original trustees were already dead, and no more had been appointed, and the advowson etc. should have returned to Edmund Turner, as provided for in the original deed, but living at a distance he did not then know all this, and one Susanna Rolt improperly presented Stephen Rolt, clerk, to the vicarage, who did not execute such articles. On his death, November 1738, Thomas Rolt son of said Susannah Rolt, Francis Jessop of Bedford, esquire, William Bedford of Yelden, clerk and John Grey of Bedford gentleman entered into a confederacy with George Backhouse of Wootton, Bedfordshire, clerk, Sir Edmund Isham of Lamport, baronet and others, and presented George Backhouse, clerk, to the Bishop of Lincoln for institution, and Edmund Turner has entered a caveat, but the Bishop instituted Backhouse who now has the living. The defendants pretend that Thomas Rolt is seised of the advowson as son and heir of Susannah. Backhouse has not entered into the required articles of agreement and he also holds the living of Wootton. Although Turner is entitled to advowson etc. he is ready to waive his right in order to re-establish the charitable trusts and has asked Sir Edmund Isham, son of Sir Justinian, the survivor of the original trustees, to execute a conveyance of the property on the original trusts to new trustees, but the defendants say that Jessop, Bedford and Grey are the rightful patrons. Defendants refuse to produce documents [see also ABE2/1]
Schedule annexed:
1) Vicar during incumbency shall "forbear resorting to any Tavern or Alehouse otherwise than for some Necessary Occasions or for the reproving such Vices and Excesses as he shall hear of" and shall attempt to reform disorderly alehouses in Milton Ernest "by the Power of the Civil and Ecclesiastical Magistrates"
2) He shall "neither Drink himself to excess or permit any Excessive Drinking or any Quarrell or Contentious or other unchristian or scandalous Practices to be committed in his own Family" and shall rebuke and reform offenders in the parish, and promote "Peace Unity and Love amongst his Neighbours"
3) He shall "not only upon every Sunday and Holyday but also upon every other Day in the week throughout the year read … the morning and evening Prayers according to the Rubrick and Directions of the Liturgy of the Church of England … without any omission … The Performance of which Duty the said Vicar for the time being shall not omit upon pretence of his parishioners non attendance thereat"
4) A sermon shall be preached each Sunday at Morning Prayer, and on every Sunday from the beginning of Lent until Michaelmas he must catechise the young children of the parish at Evening Prayer in the church, or expound Scripture plainly and clearly " for the Instructing the younger and meaner sort of his Parishioners in the Fundamentalls of Christian Religion"
5) The said Vicar "shall Devoutly and reverently administer the Holy Sacrament of the Lords Supper Christmas Day Easter Day and Whitsunday and every first Sunday or some one in every month throughout the year" also Ascension Day, and shall read the Athanasian Creed
6) Shall exhort his parishioners to receive the Holy Sacrament frequently
7) The Vicar shall visit and pray with the sick etc.
8) He is to teach the children of those who cannot pay for schooling, and who have "been taught to read English in some measure by women or some other mean Teachers, to write and read more perfectly, Gratis " until they can be apprenticed
9) Must reside on his benefice, and see these conditions fulfilled