The Humble Petition of the Rev'd Henry
Thomas Atkins, Clerk of the said Parish of Langley Marish [and several
other parties]
That by indenture
bearing date 7th April 1679 Henry Seymour established the Seymour
Almshouse trust
[and reciting the entire indenture verbatim]
That the said Henry Seymour by his will bearing date
21st July 1685 added two rooms to the almshouse.
That by a deed poll bearing date 27th January
1741 Sir Edward
Seymour [apparently the last of the Seymours involved in the
trust] gave his power of nominating residents to William Daw.
That Ann Seymour by her Will bearing date 14th
August 1725 provided additional funding for the poor of Langley Marish
and Iver.
That Henry Seymour Son of Sir Joseph Seymour by his
Will bearing date 10th February 1731 bought additional land the income
of which was to be used in support of the almshouse established by his
uncle.
That by indenture bearing date 23rd August 1734
between Joseph Briscoe, etc., the executors of the will of Henry
Seymour, and trustees appointed by the parish of Langley Marish and
Iver, and referring to a decree made by the Court of Chancery dated
17th November 1733, and relating an agreement to purchase lands to
support the charity, agreement was reached regarding the rent charges
payable at Christmas and Lady Day.
That under and by virtue of an Order of the High
Court of Chancery made in the matter of the Seymour Charities dated the
9th day of July 1831 the court appointed the petitioners herein as
trustees of the aforesaid rent charge.
[
Marginal notation: "These
proceedings took place without the knowledge of Lord Carrington, &
no notice was given to him"]
"That the aforesaid Almshouse so founded and endowed
by the said Henry Seymour as aforesaid is situated in the North side of
the Church Yard of the Parish Church of Langley aforesaid and consists
of six tenements under one roof each tenement being the dwelling of one
of the 6 poor people who are appointed thereto."
"That as far
back as your petitioners are enabled to trace and as they verily
believe from
the foundation of the charity the said almshouses have been filled by
poor
persons of the Parish of Langley aforesaid and the custom of nominating
thereto
parishioners of the said parish of Langley was as your Petitioners
verily
believe sanctioned by the founder of the said trust and was constantly
perservered in until the period hereinafter mentioned."
"That your
petitioners are enabled to prove such custom as far back as the year
1763 by
the testimony of living witnesses.
"
That
Maximilian Daw, heir of William Daw, signed sealed and delivered a deed
poll to
Robert Lord Carrington in 1749 giving him the right to nominate
residents of
the almshouse.
That
disputes
have for some time subsisted between your Petitioners and the
Parishioners of
Langley aforesaid and the said Robert Lord Carrington as to the right
of
nomination of the poor of the said Almshouse.
That
your
petitioners recently discovered that Robert Lord Carrington in 1834
presented a
petition to this honorable Court asking it, pursuant to an Act of
Parliament,
to name a new trustees for the Seymour Trust.
That
the said
Robert Lord Carrington is prosecuting the said reference before Master
Wingfield...
"That
inasmuch
as the Right of Nomination of the poor persons of the said Almshouse is
now and
has for some time been in dispute between the Parishioners of the said
Parish
of Langley and the said Robert Lord Carrington and your Petitioners and
such Parishioners
have a material interest in the nomination of persons to be trustees of
the
said Charity your Petitioners are desirous of being at liberty to
attend in the
prosecution of the said Order of Reference your Petitioners being
apprehensive
that the Parishioners of the said Parish of Langley aforesaid will
otherwise be
deprived of all benefit which until the interference of the said Robert
Lord
Carrington as aforesaid they derived and were considered as having a
right to
derive from that charitable gifts aforesaid."
"Your Petitioners
therefore humbly
pray your Lordship that it may be declared that your Petitioners are at
liberty
to attend the said Master in the Reference and Proceedings under the
Order so made
upon the said petition of the said Robert Lord Carrington as aforesaid
and that
your Petitioners may be at liberty to propose before the said Master
persons to
be appointed new Trustees of the said messuage, lands, fee farm rent
and
hereditaments granted by the said Indenture of the 7th of April 1679
and
devised by the said Will of the said Henry Seymour and that the said
Master may
be directed to permit such attendance and receive such proposal on the
part of
your Petitioners in like manner as if your Petitioners have been
parties on
whose application such order was made or that your Lordship will be
pleased to
make such further or other order in the premises as to your Lordship
may seem
meet--
And
your Petitioners will ever pray"
[Note in margin: 9th
May 1834. Let all parties concerned
attend me hereon the next day of Petitions.
Hereof give notice forthwith.
Brougham.]
Affidavits filed
in support of Petition
[These are copies of the affidavits listed
separately below]
Affidavit
filed in Opposition to Petition
Affidavit of The Right
Honble Lord Carrington Sworn 19 May
1834 filed 21 May
[Lord
Carrington stated that in 1808 he received a letter from the executor
of the
estate of William Daw, who pointed out that Maximilian Daw, William's
heir and apparently the sole remaining trustee, was quite
old, and who asked Lord Carrington to accept the patronage of the
almshouses in
Langley. Lord Carrington stated that he
accepted the trust and that Maximilian Daw executed a deed poll in 1809
giving
all his right and interest in the Seymour charity to Lord Carrington. Until 1830 Lord Carrington appointed people
to inhabit the almshouse without interruption, but in that year the
Parishioners of Langley Marish, as soon as a resident died, quickly
removed his
body and placed a pauper named White to take his place.
He also stated that he paid the rent for the
almshouses and maintained them.]
Observations
[These
unsigned comments—made by Master Wingfield?—state that since the
Parishioners
did not have the right to appoint poor people to the almshouse, since
that
right had passed to Lord Carrington, they had no right to propose new
trustees,
“and it is hoped that under the circumstances and upon the grounds
before
stated this Petition will be dismissed
with costs.]
[written on 16 pages of foolscap
paper (13x16 inches);
watermark: W. Bickford 1832]