John Shypwarde, burgess and merchant of the town of Bristol, and Roger Haynys, citizen of the City of Bath, executors of the will of the late William Phylpys, citizen and clothier of the said city, greeting in Him by whom all the chains of sinners are dissolved.
Whereas, long ago, William Phylpys, in his life, gave to us, John Shypwarde and Roger Haynys, three tenements with a certain barn and chamber, together with four almshouses in Bynbury lane, in the said city, and newly built by the said William, to have and to hold to us, our heirs and assigns, for ever. And we piously reviewing the sincere and devout intention of the worthy deceased, who, acting in human things, by the inspiration of our Saviour, afforded a praiseworthy care to change mutable into heavenly things, knowing that he was about to render an account of his stewardship at the tribunal of our Lord Jesus Christ, he happily arranged that the three tenements, the barn, with the aforesaid chamber, and the rent annually arising from the same, should be expended for a perpetual memorial of the fact, to be reduced to writing and irrevocably observed for the future, for the salvation of the soul of the said William deceased, and of Agnes, his wife, of his benefactors and of all the faithful departed.
We, therefore, order and will that the Mayor and Commonalty of the aforesaid city, and the successive mayors and commonalties of the said city, have, hold and enjoy for themselves and their successors, for ever, the said three tenements, barn and chamber, and have, collect and receive the annual rents arising and coming from them, concerning which rent we will that the said Mayor and Commonalty and their successors for the time being, should receive 5s and 1 penny sterling at the obit of the said William, and Agnes, his wife, to be solemnly conducted in the following form:-
First, that the Mayor and Commonalty and their successors for the time being, expend the said 5s and 1 penny on an obit to be solemnly held with devotion for the soul of the said William and Agnes, his consort, when they have departed this life, in the chapel of St. Katherine the Virgin, on the aforesaid Tuesday in Easter week, namely to the five curates of the parish churches, together with the two chaplains of the Commonalty of the aforesaid city, who should be present at the funeral service and mass, 2d each.
Also to the Mayor of the said city for the time being, for being personally present at the mass and funeral service, and superintending the faithful, and without fraud carrying out of each article of the present regulation, 12d; but if he be absent, to receive nothing.
Also for two wax candles to be burnt at the funeral service and mass, for the general use of the said chapel, 2d.
Also to the clerk of the church of St. Mary de Stalls for lighting the candles, and for tolling the knell, one penny.
To the other four parish clerks for tolling the knell, each of them a halfpenny.
To the Bedeman on the day of the obit, for publishing it throughout the city, one penny.
Also for bread, baked in the oven, and cheese to be brought for the refreshment of the priests and clerks present at the service, 4d.
Also for a farthing loaf of bread to be distributed at the Guyhall to each of one hundred poor people.
Also to the same poor people on the same day, a peck of beans for making into pottage.
Also that the two chaplains of the city should specially pray at both masses for the souls of the said deceased William and Agnes. Moreover, we desire that the said Mayor and Commonalty and their successors for the time being, should provide and cause to be provided and arranged in the four almshouses, situated in the above named street, that eight poor people, namely the Bedeman and his wife, with six other very poor persons, should pray especially for the souls and sound and serviceable condition of the Mayor of Bath for the time being, and of all the co-brethren and sisters in the chapel of the said foundation. And if the Mayor for the time being, and the Commonalty and their successors, fail in any particular point to carry out the said regulation, which we trust may not be the case, or if they neglect and do not superintend as directed, then the Mayor and Commonaltyshall permit and the wardens of the church of St. Michael outside the Northgate and their successors, shall enter and take possession of the two tenements, with their belongings, one in Northgate street, opposite the High Cross, as one goes to Guyhall, which John Gybbys holds of the Mayor and Commonalty, between the house of the bailiff, in which Richard Clerk dwells, on the south, and the house of the Prior of Bath, in which John Owen dwells, on the north: And the other tenement which is in Bradestreet, which Agnes, widow of the deceased, now inhabits, between the tenement of Thomas Blount, in which William Tornour dwells, on the south, and the tenement of the church of St. Mary de Stalls, which Robert Walley inhabits, on the north. Moreover we desire that it shall be allowed to the wardens of the church of St. Michael aforesaid to take possession of the three tenements, barn and chamber, with the four almshouses, and turn out the aforesaid Mayor and Commonalty, and their tenants, without dispute, and that the wardens of St. Michael's should see that the service is performed in the manner prescribed.
And the residue of the rents from the three tenements, barn and chamber, as well as from the two tenements, should be spent by the Mayor and Commonalty as ordered by William Phylpys in his life, and as soon as it happens that they fail to carry out the directions, it should pass to the wardens of St. Michael.
And that the said Mayor and Commonalty or the said wardens should maintain the dwelling, barn and chamber, together with the four almshouses in good order.
In witness whereof we have affixed our seals to both indentures; and because we desire that the present letters should be preserved in two different places for the perpetual preservation of the aforesaid house, we wish one part should remain in the custody of the Mayor and Commonalty, with the other muniments of the city, and we have arranged that the seals of the proctors in order to be preserved, should be affixed.
And because the seals of the said proctors are unknown to many, the seal of the Master of Saint John's Hospital is attached at the particular request of the proctors.
The other part we wish to remain in the custody of the proctors of the church of St. Michael outside the Northgate, among the documents of the church, and we have procured the common seal of the city to be attached to it. Dated at Bath, Saturday the Feast of St. Peter ad Vincula, 22 Henry VI. Language: Latin
