Independent Chapel Trust Deed 1862 (For the Congregational Church)

[ Independent Chapel Trust Deed 1862 (for the Congregational Church) ]

[First (rear) sheet main text]

This Indenture made the fifteenth day of December One thousand eight hundred and sixty two Between William Barnett and Alfred Morris both of Broad Chalke in the County of Wilts ~ [~ is a space filler] Farmers of the first part The Reverend Ambrose Moore Morris of ~ Broad Chalk aforesaid Congregational Minister of the second part and the said William Barnett and Alfred Morris and Thomas Burrough of Broad Chalk aforesaid Carpenter Samuel Coombs of the same place Grocer ~ William Morris of the same place Farmer Joseph Feltham of the same place Shopkeeper John Wheeler of Bishopstone in the said County Farmer William Critchell of Ebbesbourne Wake in the said County Baker George Young of Wilton in the same County Tailor Stephen Hill of East Road City Road in the County of Middlesex Gentleman Isaiah Maggs Jupe of Mere in the said County Silk Manufacturer Ebenezer Hibberd of ~ Tisbury in the said County Draper Josiah Stephen Josiah Maton of West Harnham in the said County Farmer and Walter Wornell [?] Gould of Christchurch in the County of Southampton Gentleman ~ of the third part Whereas by an Indenture bearing date the seventeenth day of July last past and made between John Burrough of Bower Chalke in the said County of Wilts Farmer of the one part and the said William Barnett and Alfred Morris of the other part In consideration of Sixty pounds the said John Burrough did grant and convey unto the said William Barnett and Alfred Morris the piece or parcel of freehold garden ground hereinafter described To hold the same with the appurtenances thereto belonging unto the said William Barnett and Alfred Morris and their heirs To such uses upon and for such trusts intents and purposes as should or might be thereof declared by an Indenture or deed of trust to be thereafter executed whereby it was intended to vest the said hereditaments and a certain Chapel and other buildings intended to be erected thereon in the said William Barnett and Alfred Morris and in divers other persons to be chosen by the Members being Communicants of the Society of Protestant Dissenters of the Congregational or Independent Order being Poedo Baptists then existing in Broad Chalke aforesaid and in the meantime In trust to permit a Chapel and other buildings to be erected thereon for the use of the said Society And Whereas since the date of the said recited Indenture a Chapel and other buildings have been commenced and are now nearly completed and the said Society have ~ ~ nominated and chosen the parties hereto of the third part to be joint trustees with the said William Barnett and Alfred Morris of the said hereditaments and have directed the same to be conveyed to the uses and for the intents and purposes hereinafter appearing Now the Indenture witnesseth that in consideration of the premises and of five shillings a piece the said William Barnett and Alfred Morris paid by the said Ambrose Moore Morris in receipt whereof they the said William Barnett and Alfred Morris do hereby respectively acknowledge They the said William Barnett and Alfred Morris Do and each of them Doth grant and convey unto the said Ambrose Moore Morris and his heirs All that piece or parcel of freehold garden ground in the North Tything of Broad Chalke aforesaid late in the occupation of David Penny numbered 48a in the map Annexed to a certain Award bearing date the eleventh day of December One thousand eight hundred and sixty one under the hands and seals of James Poole and William Robson the Commissioners appointed under an Act of Parliament made and passed in the fifty fourth year of the reign of King George the third instituted “ an act for allotting lands in the Parishes of Broad Chalke and Chilmark in the County of Wilts and containing fourteen perches bounded on the north and west by freehold premises of the said John Burrough in the occupation of William Burrough on the south by the Street called North street and on the east by the public footpath Together with the Chapel and other buildings lately erected or in the course of erection thereon and all ways waters watercourses privileges advantages emoluments and appurtenances to the said piece or parcel of garden ground Chapel and hereditaments respectively belonging and the reversion and reversions remainder and remainders yearly and other rents issues and profits thereof and every part thereof And all the estate right title use trust property claim and demand whatsoever at law and in equity of them the said William Barnett and Alfred Morris and each of them in to or out of the same and every part thereof To have and to hold the said piece or parcel of garden ground Chapel and other buildings with the rights members and appurtenances thereunto belonging unto the said Ambrose Moore Morris and his heirs To the use of the said several persons parties hereto of the third part (hereinbefore called trustees) and their heirs and assigns for ever And it is hereby declared and agreed by and between all the said parties hereto that the Grant and Conveyance hereinbefore made is so made Upon trust that the said trustees their heirs and assigns do and shall ~ stand possessed of the said hereditaments Upon the trusts and to and for the said intents and purposes hereinafter contained that is to say ------

1 Upon trust that the said trustees do and shall complete the erection of the said Chapel and other buildings so commenced as aforesaid and do and shall receive all such subscriptions and contributions as shall be voluntarily contributed by religious and benevolent persons for the purpose of defraying or assisting to defray the ~ expense and costs of erecting and furnishing the same Chapel and buildings and do and shall apply the monies to be received by them in defraying the costs and expenses of preparing the said recited Indenture and of these presents and also the costs and expenses of erecting and furnishing the same Chapel and buildings and rendering them fit and commodious for the celebration of public Worship and other the [sic] purposes for which they are intended And in case the money so to be ~ contributed shall not be sufficient for the purpose aforesaid In trust that the said trustees do and shall by mortgage of the said hereditaments borrow and raise a sufficient sum to pay and discharge the said costs and expenses. ------

2 And upon further trust at all times for ever hereafter to permit the said Chapel and premises and any other buildings that may hereafter be erected on the said ground to be used occupied and enjoyed as a place for the public worship of God according to the usages of Protestant Dissenters of the Congregational Denomination ~ commonly called Independents being Poedobaptists under the direction of the Independent or Congregational Church which for many years past has existed at Broad Chalke aforesaid and of the members from time to time to be added thereto and for the time being assembling for Worship in the said Chapel and for the instruction of children and adults and for the promotion of such religious or philanthropic purposes as the said Church shall direct ------

3 And under the direction of the said Church to permit the said premises to be repaired altered enlarged taken down and wholly or partially rebuilt or any other buildings to be erected on the said ground so as to render the premises better adapted for the accomplishment of the purposes aforesaid --

4 And to permit the Deacons or other persons appointed for that purpose by the said Church to receive all monies given for the use of pews and settings or otherwise

[Second (middle) sheet follows]

And all weekly and periodical offerings or gifts and all voluntary contributions given for the purpose of maintaining the said Chapel and buildings and the religious services to be therein conducted which monies shall in the first place be applied in the discharge of all interest premiums for insurance against fire Trustees expenses and claims properly payable thereout and the residue thereof shall be applied in or towards ~ ~ payment of the stipend or salary of the Pastor or Minister and generally for the maintenance of Divine Worship in the said premises and other the [sic] purposes of these presents as the said Church shall from time to time direct ------

5 And to permit such persons only to officiate in the said premises as stated Pastors as shall be of the denomination aforesaid being Poedobaptists and shall hold teach preach and maintain the doctrines setforth in the Declaration of Faith Church Order and Discipline of Congregational Churches adopted at the General Meeting of the Congregational Union held in London in the month of May One thousand eight hundred and thirty three a printed copy of which is attached to this Indenture and shall have been chosen by the vote of at least two third parts in number of such members for the time being of the said Church as shall be personally present at a Special Church meeting duly convened and held for that purpose such person being previously approved by the Committee of the Wilts and East Somerset Congregational Union so long as any part of the salary of the Minister or Pastor or of the expenses of maintaining the said Chapel or the services therein conducted shall be ~ defrayed or contributed to by the said Union or the Committee thereof. ------

6 And that the said trustees shall not permit to officiate in the said premises as a stated Pastor any person who shall be known to be guilty of immoral conduct or who shall cease to be of the denomination aforesaid being Poedobaptists or who shall have been removed by the vote of the majority of such of the members for the time being of the said Church as shall be personally present at a Special Church meeting duly convened and held and as shall vote on the question of his removal ----

7 And shall permit such occasional Ministers to officiate in the said premises as the stated Pastor if any shall appoint or in the absence of such appointment as the Deacons or Deacon thereof shall appoint unless the said Church shall otherwise direct ------

8 And if they the said trustees or the major part in number of them shall think proper but not otherwise to raise such sum or sums of money when and on such terms as shall be directed by the vote of at least two third parts in number of such members for the time being of the said Church as shall be personally present at a special Church meeting duly convened and held for that purpose and as shall vote on the question by mortgage of the said premises or any part thereof and the fee simple thereof and to execute all proper assurances for that purpose ------

9 And when directed by such a vote as last aforesaid and with like consent thereto of the said trustees or the major part in number of them as last aforesaid absolutely to sell the said premises or any part thereof and the fee simple thereof or to exchange the said premises or any part thereof and the fee simple thereof for any other freehold premises and in the said respective cases to assure the same accordingly the premises so taken in exchange to be held upon the same trusts as are hereby declared ~ concerning the premises hereby conveyed or otherwise assured. ------

10 And to lay out the same mortgage monies or the residue thereof after payment of the trustees expenses in or towards the enlargement rebuilding improvement or repairs of the said premises or otherwise for the benefit of the said Church (the same nevertheless being for purposes not inconsistent with these presents) as shall be directed by vote as last aforesaid ------

11 And after making provision out of any such sale monies as aforesaid for the trustees expenses and also for the discharge of all incumbrances and claims on or in respect of the said premises or of the trusts and provisions hereof and lay out the same sale monies or the residue thereof in or towards the erection or purchase of such other Chapel and premises freehold leasehold or otherwise at such cost or price with such title on such terms and in such manner as shall be directed by vote as last aforesaid or to be held upon the trusts hereby declared concerning the premises hereby conveyed or otherwise assured and until the same monies shall be required for that purpose such ~ monies to be invested in the public funds and the annual income to be from time to time applied in like manner as the monies mentioned in clause 3 are by that clause directed to be applied ------

12 And if the said Church shall be dissolved or dispersed and not be again formed within six calendar months next thereafter or if the stated public Worship of God in the said premises shall be discontinued for two years together then and in either of the said cases Upon trust to let sell or otherwise dispose of the said premises or any part or parts thereof and to deal with the net monies received for or in respect of the same in such manner and for such religious purposes (not tending to the promulgation of doctrines inconsistent with those contained in the Declaration of Faith Church Order and Discipline hereinbefore mentioned) as shall be directed by the resolution of the Committee (or the major part thereof for the time being of the Wilts and East Somerset Congregational Union) testified by writing under the hands of the then Treasurer ~ and Secretary thereof but if such Secretary be not then in existence or if such Committee or the major part thereof do not within three calendar months next after written application by the said trustees or trustee for the time being for that purpose make such direction as aforesaid then as shall be directed in writing under the hands of the Pastors or the majority of them of the Seven Congregational Poedobaptist Churches for the time being having settled Pastors whose places of worship shall be the nearest to the said trust premises. ------

13 Provided always that when and so often as by reason of the death retirement incapacity Bankruptcy going to reside out of England or ceasing to be a ~ member of a Congregational Poedobaptist Church in England there shall not be more than five trustees of these presents (or sooner if the said Church shall think fit) the vacancies occasioned thereby as aforesaid shall be supplied by the appointment by the vote of a majority of such of the members for the time being of the said Church as shall be personally present at a Special Church meeting duly convened and held for that purpose and shall vote on the question of so many additional persons of the Denomination aforesaid being men-members of the aforesaid Church or of some other Congregational Poedobaptist Church in England as (if it can be so arranged) will make up the number of not less than thirteen