Gillingham Manor Court Roll
An indenture for the proposed Methodist Chapel in Motcombe. Extract transcribed by Mary C Bird
At this Court was produced an Indenture bearing date the fifth day of September One Thousand eight Hundred and Twenty eight of which the following is a copy –
[In the margin is written:
Mr Jas Smith To The Trustees within named declaration of the uses of a Surrender of a piece or parcel of Copyhold Land at Motcombe Purchased for the Erection of a Chapel for the use of the Connexion of People called Primitive Methodists]
This Indenture made the fifth day of September One Thousand eight Hundred and Twenty eight Between James Smith of Motcombe in the County of Dorset yeoman of the first part the said James Smith Stephen Smith of Motcombe aforesaid Yeoman James Bartley of the same place Butcher Walter Bartley of the same place Butcher Alfred Wright of the same place Yeoman George Chubb of the same place Mason Edward Broadway of the same place carpenter and James Lear of the same place Labourer of the second part and all such Men who may or shall be Members of the connexion of Primitive Methodists hereinafter described and who do now and shall from time to time and at all times hereafter dwell and reside at Motcombe aforesaid or within (space) miles thereof Members on trial always excepted of the third part and the Steward or Stewards for the time being of such circuit in and of the said connexion at Motcombe aforesaid shall be reckoned to belong to the Fourth part whereas in the Year One Thousand eight Hundred and Ten was begun in England under the Ministry of Hugh Bourne and James Bourne of Bunersley in the Parish of Norton in the Moors in the County of Stafford a society or connexion of Protestant Christians now called Primitive Methodists by some called Ranters and Whereas the said connexion having determined to Build a Chappel or Meeting House at Motcombe aforesaid for the accomodation of the said Persons parties hereto of the third part have Contracted with the said James Smith for the absolute Purchase of the Piece or Parcel of Arable Land hereinafter described part of certain Hereditaments held by the said James Smith by Copy of the Court Roll of the Manor of Gillingham in the said County of Dorset for the said Purpose and whereas at a Court holden in and for the said Manor of Gillingham on the fifth day of September Instant Before Philip Mathews Chitty Gentleman Steward thereof the said James Smith did Surrender into the hands of the lord according to the Custom of the said Manor all that piece or parcel of Arable Land containing by estimation Three Lugs or thereabouts in length and One Lug and an half or thereabouts in width situate lying and being in Motcombe within the said Manor and bounded on the South East Corner with the Road leading from Shaftesbury to Mere on the South by a garden belonging to Thomas Extance and on the North and West by a Garden now in the occupation of and belonging to the said James Smith and which said Piece or Parcel of land is part and parcel of certain premises held by the said James Smith of the Lord of the said Manor under the Rent of Sixpence and heretofore Purchased by him of Mrs Elizabeth Noake Deceased To and for the sole use benefit and beliovs of such Person or Persons and for such Estate or Estate Term or Terms of years and interest and subject to such limitations and Agreements as he the said James Smith in and by any Deed or Instrument duly executed in the presence of and Attested by two or more Credible Witnesses or by his Will to be executed as therein mentioned should grant give devise direct limit or appoint the same so neverthelefs that the Lord of the said Manor or his Succefsor or Succefsors for the time being should not be in any wise prejudiced as to the Fines Heriots Customs and Services which otherwise by the Custom of the Manor would be due and payable. Now this Indenture Witnesses that in pursuance of the said recited purpose and in consideration of Five Pounds of lawful English money by the said several Persons parties to these presents of the second part to the said James Smith truly paid before the sealing and delivery of these presents the Receipt whereof the said James Smith doth hereby acknowledge he the said James Smith in Exercise and execution of the power or authority given or limited to him or in him vested by virtue of the said recited Surrender and of all other Powers in anywise enabling him in this behalf doth by this present Deed or Instrument in writing by him executed in the presence of and attested by the two Credible Persons whose names are intended to be hereupon indorsed as witnefses direct limit and appoint that all that the said Copyhold piece or parcel of Arable Land comprized in the said recited Surrender and hereinbefore particularly described with its rights members and appurtenances And all the Estate right Title and Interest of him the said James Smith both at law and in equity therein shall henceforth go remain and be and the said Surrender shall operate and enure To the only proper use and Beliouf of the said Persons Parties hereto of the second part and their Heirs and Assigns for ever to the intent that they may be admitted thereto at some Court or Courts to be holden in and for the said Manor neverthelefs upon special trust and to the intent that a Chapel or Meeting House may be thereon erected and Built by the said connexion and for that purpose the said trustees or other the trustees to be appointed in manner hereinafter mentioned are hereby authorized and empowered to raise any Sum or Sums of money which they may deem proper by Mortgage of the said piece or parcel of land and of the Building to be erected thereon with the Appurtenances with such powers to any Mortgagee or Mortgagees thereof for securing the Monies to be so raised as they may deem proper to give to such Mortgagee or Mortgagees and upon the further special Trust and to the intent that the said trustees and the Survivors of them and the Trustees for the time being do and shall from time to time and at all times hereinafter permit the said piece or parcel of land and Building so to be Erected and Built thereon as aforesaid to be used and enjoyed by such Persons as do now and shall from time to time and at all times hereafter belong to and be in membership in the said connexion of Primitive Methodists or the Majority thereof and none other for the performance of offices of religious Worship or school teaching or any other Society matters provided they Preach no doctrine contrary to the doctrines laid down in the minutes of the Annual Meetings of the said connexion and already Printed. And the said James Smith Covenants and agrees with the said Trustees parties hereto of the second part their Heirs and Assigns That he the said James Smith and his Heirs shall and will upon the request and at the costs of the said Trustees their Heirs or Assigns execute any other Deed or Conveyance more fully to secure the said piece or parcel of Land with the Appurtenances to them the said Trustees and their Heirs on the same trusts for ever and he the said James Smith his Heirs and Afsigns on the request and at the Costs of the said trustees shall and will produce and show forth or bring forward in Evidence all such Copies of Court Roll or other Title Deeds in his or their Custody or power or Attested Copies thereof that may at any time or on any occasion be necefsary for maintaining the Title of the said Trustees in and to the said Trust Property. The said Trustees shall have full Power to choose a Steward being a Member of the said connexion who shall receive all the seat Rents and other monies arising from the said Building and premises which monies shall be applied towards paying the Interest of all monies now or hereafter to become due upon the said premises either for erecting Buildings or for repairs and towards reducing any debt now due or to become due on the same. And if at any time the said trustees shall cease to lower any such debt on the said premises then the overplus of the Pew Rents if any after all expenses and Interest shall be paid shall from time to time for ever be applied to the Building and supporting of other Chapels in the said Connexion in such manner as the Quarter-day board of the Circuit in which the said Premises are reckoned in conjunction with the said Trustees or the major part of them shall appoint or if such Debt be entirely liquidated the overplus of the Pew Rents after all expenses are paid shall be disposed of as aforesaid. And further if the said persons parties hereto of the third part shall be so diminished that the Chapel cannot be supported or if they be so increased that a larger Chapel be wanted and it be not convenient to enlarge that to be erected as aforesaid then in either case the Trustees for the time being shall have full and absolute power to sell the premises and shall apply the purchase money in paying off all Debts owing on account of the said premises the overplus to be laid out in Building a new Chapel at Motcombe aforesaid but if no new Chapel be built there then to be applied in Building Chapels elsewhere in the said Connexion And for enabling the Trustees for the time being of these presents to Mortgage or sell the said piece or parcel of land and the Building to be erected thereon with the Appurtenances pursuant to the Trusts hereinbefore contained it is hereby declared that the receipt or Receipts of the Trustees for the time being of these presents shall be good and effectual discharges to any Mortgagee or Purchaser for his her or their Mortgage or Purchase money or monies and such Mortgagee or Purchaser shall not be bound to see to the application of his or their Mortgage or Purchase money nor be answerable for the misapplication or nonapplication thereof. And it is hereby further declared and agreed by all the said parties to these presents that when the said Trustees shall by Death or otherwise be reduced to the number of three trustees the said Steward or Stewards for the time being shall convene a Meeting in the said Chapel of the said Trustees and the said persons parties hereto of the third part by causing Public Notice thereof to be given in the said Chapel during the time of Divine Service at least seven days before the time of such meeting and the majority of that Meeting shall elect and appoint other persons being Members of the said Connexion to be Cotrustees with the said remaining Trustees and to make up any number not less than eight Trustees and the said Trustees or any one of them shall forthwith surrender and make over the said Trust Estate and Premises so that the said Trust Estate and Premises shall be absolutely vested in such new trustees jointly with the remaining Trustees upon exactly the same Trusts as hereinbefore mentioned and immediately upon the making of such Surrender by the said trustees or any one of them the new Trustees so elected as aforesaid shall have all the powers and authorities of the Trustees in whose room they shall be substituted in like manner as if they had been expressly named in these presents instead of the Persons in whose stead they shall be respectively chosen and such election and appointment of new Trustees shall be made when and as often as the said Trustees or there Succefsors shall be reduced as aforesaid in order to perpetuate the purposes of these presents for ever. In Witnefs whereof the said parties to these Presents have hereunto set their hands and Seals the day and year first above written .