It
appears by the recitals in a decree in the Duchy Court of Lancaster,
made 8th July 1595, that John Wright, by his Will, devised a parcel of
land called the Town Close, or New Close, to the Town of Soham, as well
towards the payment of the taske or fifteenth of the said Town, as to
maintain an anniversary or obit.
The date of Wright's Will is not
mentioned in the decree in the Duchy Court; but it appears by the
recitals in the decree in Chancery respecting Bond's Charity, in which
suit Wright's gift was comprehended, that it was made on or about 7th
August 1500.
It seems, however, that Wright did not die for many
years after the making of his Will, for in the proceedings in the suit
just referred to, it is stated, that about the 31st Hen.VIII, Andrew
Wheeler, cousin, and next heir of Wright, to the intent that his Will
might be fully observed, enfeoffed John Harrison, and six others, then
inhabitants of the Town of Soham, of the Close called New Close, with
the appurtenances, to hold to them and their heirs, to the use and
behoof in the last Will and testament of the said John Wright declared
and expressed.
It appears by the decree obtained from the Duchy
Office, that the proceedings in that Court were instituted to set aside
a lease of the New Close, which had been obtained under the seal of the
Duchy, by Robert Younglove, in the pleadings named.
The decree,
however, directed that the feoffees mentioned in a deed shown by the
defendant, bearing date the 20th day of April, in the 31st year of King
Henry VIII., and their heirs, should have and enjoy the moiety of the
same Close towards the payment of the taske aforesaid, and the said
Robert Younglove the other moiety; paying unto Her Majesty, her heirs
or successors, the sum of 6s. 8d. by the year, during the term of 21
years; and after the expiration of the said term, it was further
ordered and decreed, by the Chancellor and Council of the said Court,
that the said feoffees, their heirs and assigns, of Soham, aforesaid,
should, by force and virtue of the decree, have and continue the quiet
possession of the whole Close for ever, towards the payment of the
taske aforesaid, paying unto her Majesty, her heirs and successors, for
ever, the yearly rent of 6s. 8d. With a proviso that the
order,
or anything therein contained, should not be prejudicial unto such
right and title as one Edward Bernes, Gentleman, claimed in and to
three roods of land lying in the said Close, if he had any right or
title thereunto.
The suit in the Court of Chancery, before referred
to, which principally related to Bonds gift, sought relief against the
lease thus partially established; but the bill, as far as related to
Wright's gift, was dismissed, as being within the proper jurisdiction
of the Duchy Court.
By deed poll, dated 22nd April 1717, reciting
the feoffment of Andrew Wheeler above mentioned; a subsequent feoffment
by Richard Peachey, heir of William Peachey, the surviving feoffee,
dated 4th May, 2d Charles I., to Thomas Clarke, and others, and thier
heirs; and a subsequent feoffment by William Clarke of Barway, the heir
of Thomas Clarke, dated 7th May 1675, in trust, and to and for the use
and behoof, and in performance of the last Will and testament of the
said John Wright, and according to the use and purport of a certain
decree in the Duchy Court, bearing the date 8th day of July 1595,
Thomas Trowell and William Cropley, surviving feoffees in the deed last
mentioned, enfeoffed Edward Trowell, ( son of the said Thomas Trowell,
) William Cropley, ( son of the said William Cropley, ) Thomas Cockayne
the younger, Thomas Neathercote, William Mayer, John Norfolk, Ellis
Peachey, ( son of Edward Peachey, ) William Cropley, ( son of Widow
Cropley, ) and William Blows the younger, of the premises, by the
description of a Close, called New Close alias Town Close, in Soham,
near a street called Brook-street, next the messuage and ground of
Thomas Neathercote on the East, and three roods of the same Close, then
Town ground, late Tyler's on the West, the North head abutting upon a
Common way leading to Brook-street, and the South head upon the Lane
leading from Brook-street to Sand-street, to hold to the,, and their
heirs. upon the trusts declared in the Will and decree.
No
subsequent conveyance was produced, and it does not appear which of the
trustees survived, nor in whom the legal estate is vested.
In the
proceedings in Chancery, the New Close is mentioned to contain four
acres or thereabouts. Possibly the three roods, mentioned in the decree
in the Duchy Court, may have been recovered by Bernes, whose right was
there reserved to him.
The land belonging to Wright's Charity now
consists of three acres in excellent condition, held by free charter of
the Manor of Soham, at a rent of 6s. 8d. paid by the lessor. It is let
to Thomas Neathercote for six years, from Michaelmas 1831, at a rent of
£10. regularly paid.
The exact purpose of this Charity was unknown
at the time of the Inquiry, and indeed was not ascertained until
upwards of a year afterwards, when the documents as already mentioned
were discovered in the Vicarage. It was supposed to have been given in
1540, for the repairs of the Church, and the rent has hitherto been
paid to the Churchwardens, and, until lately, carried to their general
funds. A separate account is now kept of it.
From long and
uninterrupted usage, it may now fairly be inferred, that when the
fifteenth ceased to be levied, the Parishioners agreed to devote the
land to its present purpose.