Ebenezer Baptist Church"
Ebenezer Baptist Chapel, Brunswick Road, Buckley
1995
Note: Reproduced in the original spelling.
THE INDENTURE OF THE EBEBEZER BAPTIST CHURCH 1889
COVER
Dated 9th August 1889
One Pound Seventeen Shillings
£1. 17. 0
The Rev. G. Davies
To
Trustees
Trust Deed
Of the Baptist Chapel
Buckley on the County
Of Flint
Charity Commn 18906. Reg.2 2.July 1917
Charity Commn 15831 23 May 1917
*************************
THIS INDENTURE: made the ninth day of August
One Thousand Eight Hundred and Eighty Nine (1889)
Between Gethin Davies of Llangollen, of the County of Denbigh, Principal of the North Wales Baptist College of the one part, and the Reverend Thomas Shankland of Mold, in the County of Flint. Baptist Minister, The Reverend David Davies of Buckley in the said County of Flint. Baptist Minister The Reverend Joseph Davies of Birkenhead in the County of Chester. Baptist Minister AbsoLom Adams of Mold. Aforesaid Grocer Richard Roberts of No.6. Princess Terrace, Balls Road, Birkenhead, in the said County of Chester. Builder John Iball of Buckley aforesaid - Brickmaker - Walter Simon Jones of the City or Chester, Wholesale Stationer. John Owens of Everton in the City Liverpool - Gentleman Simon Jones of Wrexham in the Said County of Denbigh, Confectioner William Rowe of Mold aforesaid Engineer. Richard Cory of Cardiff in the County of Glamorgan Esquire. The Reverend Silas Morris of Llangollen. Aforesaid Professor of Classics and Mathematics, and the said Gethin Davies. Therein after called the said trustees of the other part. Whereas by an Indenture dated the 9th day of February 1889 and made between Samuel Hughes. Therein described of the onepart and the said Gethin Davies of the other part.
All the hereditaments therein and here in after particularly described
where for the consideration therein expressed conveyed onto and to the use of the said Gethin Davies in fee simple. And whereas the said
Hereditaments were so conveyed to the said Gethin Davies simply as
agent for the said trustees and they the said trustees have now requested him to convey the said hereditaments to them upon the trusts following which he had agreed to do in manner herein after affearing.
Now this indenture witnesseth that in pursuance of the said agreement
and in consideration of the premises the said Gethin Davies as beneficial owner hereby conveys unto the said trustees All that piece or parcel Chester old turnpike Road Buckley in the County of Flint containing 407 square yards and 2/3 of a square yard or there about all which said hereditaments are more particularly delineated in the plan drawn on the here in before recited indenture and there on coloured pink on which or on partaking a chapel or Meeting House and conveniences have been recently erected Together with full and free night and liberty for them The said trustees and all persons claiming under them and his and their agents and servants and their respective tenants an occupiers for the time being of the said hereditaments from time to time and at all times here after but only for the purposes of executing any repairs to the boundary wall of the said hereditaments and emptying the Privy erected and built on the South East corner of the said hereditaments to go return pass and repass with or without horses carts wagons and other carriages in through and over a road which runs and leads immediately continuous to and adjoins the North and East sides of the said hereditaments hereby conveyed To Hold the said hereditaments and premises unto and to the use of the said Trustees in fee simple nevertheless upon the Trusts and to and for the ends intents and purposes and with under and subject to the powers provisors declarations and agreements following that is to say Upon Trust from time to time and at all times there after to permit the said trust premises (or such part or parts thereof as may for the time being be applicable for the purpose) to be used and enjoyed as and for a place or places of Public Religious Worship and instruction by the Society or Congregation of Protestant Dissenters of the Denomination of Particular Baptists now assembling and here after to assemble their at and who do and sha11 believe and maintain the Doctrines of the One living and true God Three Equal Persons in the Godhead the perfect Deity and the real humanity of Our Lord Jesus Christ. The sinful state of man by nature and by practice. The free justification of the penitent sinner by Faith in the atoning sacrifice of Jesus Christ. The regeneration conversion and sanctification of the soul of man by the Spirit and Grace of God the Holy Scriptures to be the rule of faith and practice of all believers. The resurection of the dead and future judgement and the eternal happiness of the righteous and the everlasting Misery of those who die inpenitent and who do and shall practice Baptism by immersion in water in the name of the Father and of the Son and of the Holy Ghost and in no other form or manner of such only assure of years of understanding upon their own confession of repentance toward God and of Faith in Our Lord Jesus Christ and admitting to Church Membership such only as have been Baptised as aforesaide and such other persons believing the doctrines herein before set forth and who upon there profession of faith shall have been baptised is aforesaid as shall here after be united to the said Society or Congregation and which Society or Congregation is hereinafter referred to as "The Church " and shall attend the worship of God at the said trust premises Provided always and it is hereby declared that no person shall be allowed to partake of the Lord's Supper in the said trust premises but such as have previously being baptised by immersion as aforesaid and on his or her personal profession of Faith in the Lord Jesus Christ. And upon further trust to permit all such parts of the said trust premises as shall not be used and· enjoyed for such and enjoyed for such other purposes as the majority of the Deacons for the time being of the church shall from time to time order or direct And to permit to officiate in or about such part or parts of the said Trust premises as shall for the time being be capable of being used for the purposes of religious worship or instruction such person or persons of the denomination of Protestant dissenters call Particular Baptist as a majority in number of the members of the Church shall at a Church meeting to be duly held as herein after mentioned from time to time elect to officiate as there Minister or Pastor or Minster or Pastors therein according to the usual order and custom of Societies of Protestant dissenters of the denomination aforesaid. But the Church shall if the majority or number of members present at any Church meeting duly held as hereinafter mentioned solely in favour of such dismissal have power to dismiss from the Pastoral Office any such person or persons and upon the exercise or such power such person or persons shall hereinafter cases to be the Minster or Pastor o rMinisters or Pastors of the Church. And all his and their priviligies or immanities in respect there of shall thereupon absolutely determin provided always and it is hereby declared that every person elected to officiate in or about the said trust premises or any part thereof shall on his election become a member of the Church if not then already joined there to and he shall there upon also give and sign an Undertaking infavour of the Deacons for the time being where he shall undertake that in consideration of his being elected to the Pastorate he will adhere to and in all respects be bound by the bye-laws and regulations of the Church as the same may from time to time be framed and estalished and also by the terms and conditions of these presents so far as he may be affected thereby.
And upon this further trust that the Trustees for the time being shall at any time or times when there unto required by the majority of the members of the Church present at a Church meeting duly held as hereinafter mentioned sell mortgage or exchanged forother premesis to be subject to the like trusts as are here by declared or other wise dispose of the said trust premeses hereby conveyed or any part or parts thereof and shall do all acts and execute all deeds necessary for the purposes aforesaid or any of them and shall apply the moneys (if any) to arise thereby to and for such purposes as the said majority of the members of the Church shall direct. And the purchasers and mortgages shall not be answerable for the misapplication of the purchase or mortgage moneys and every receipt of the Trustees for the time being for such monies or any part thereof shall be a valid discharge for the amount therein expressed to be received. And upon further Trust for the Trustees for the time being of thees presents as and when and in such manner as may be directed by the majority of the members of the Church present at a Church meeting duly held as hereinafter mentioned and so far as the same can be ? and consistently done and executed to take down and rebuild enlarge or alter the said missuage chapel and School all thee out buildings or apperances there unto respectively belonging or appertaining and all or any of them or any part or parts there of respectively and also to erect other and additional buildings on the said piece or parcel of land so as to render the premesis better adapted to and for the due accomplishment of the trusts intents and purposes of thee's presents And upon further trust to permit the Church to frame and establish from time to time to alter and vary bye-laws and regu1ations and generally to manage all into affairs according to its uncontrolled discretion in every respect. And upon this further trust that in case at any time hereafter the Church shall be totally dissolved or dispersed or if the Public worship of God in or about the said trust premises shall be discontinued for the space of Two years together then the Trustees for the time being shall handle convey and assure the premises and moneys for the time being vested in them upon the trusts aforesaid to such person or persons for such purposelly religeious or covet and in such manner as the for the time being of a society called "The Particular Baptist Fund" established in London in the year One Thousand Seven Hundred and Seventeen(1717) from shall from time to time direct concerning the same Provided always and it is hereby directed that when and as often during the continuance of the Trusts hereby created as the Trustees shall by death or other wise be reduced below the number of five for the purposes aforesaid (or before they are so reduced if the persons hereinafter designated by appoint new Trustees consider it expedient) the vacancy in the number of Trustee's shall be supplied by the appointment of so many additional persons being Protestant Dissentors of the denomination aforesaid as will make up the original number of Thirteen Trustees such appointment to be made by the Majority of the members of the Church who shall be present at a Church Meeting duly held as hereinafter mentioned and that all conveyances and other assurances shall be made and executed at the expense of the trust estate or of the funds of the Church as shall be deemed necessary or advisable for vesting the said trust premises in the then acting
Trustees jointly with such new Trustee's upon the like trusts as are in these presents set forth. Provided also that the Trustees for the time being of these Presents sha1l be respectivelly chargeable only with and for such moneys and effects as they respectively shall actually recieve not withstanding their respectively joining in any receipt or other act for the sake of conformity and shall be respectively answereable and accountable for their respective acts receipts neglects and defaults only and not for those of each other nor for any loss or damage arising through or by the failure or insolvency of any person with whom any of the trust moneys or effects may be deposited or otherwise unless the same shall happen through the wilful act or defaultof the said Trustees respectively. And it shall be lawf'u1 for the said Trustees respectively to conduct and retain and also to allow each other respectively out of any moneys or effects coming to their respective hands by virtue of these presents all costs charges and expences of and incidental to the due execution and accomplishment of the trusts and purposes of these presents And it is hereby further declared that of' every church meeting for any of the purposes aforesaid there shall be public notice given on the two Sundays preceding during or immediately after the time of Divine Service and that no person shall be entitled to vote on any of the matters aforesaid unless such persons shall have been a member of the Church for the preceding Six months and shall have attained the age of' Sixteen years and (unless lawfully hindered or prevented shall have been present at the communion of' the Lord's Table once at least within the preceding three months and at such meeting no matter what shall be deemed to have been duly performed sanctioned or decided unless the same shall have been determined upon by the majority of those present entit1ed to vote and in the event of the number of persons voting being equally divided then and in such case the person having the conduct of such meeting shall be permitted to give a second or casting vote. And it is hereby lastley declared that any document purporting to be signed by the Secretary for the time being of' the Church and to be a copy of a Resolution of Resolutions passed by the Church in Church meeting asembled shall to and for all intents and purposes be deemed sufficient evidence that such Church meeting has been held after Public Notice given as aforesaid and that such Resolution or Resolutions has or have been duly passed and no further evidence as to the giving of' such Public Notice or as to the correctness or validity of' such Resolution or Resolutions shall be required And if any document purporting to be signed by the secretary for the
time being of the Church and to be a copy of a Resolution or Resolutions passed by the Church in Church meeting assembled or any other Document necessary to be served upon the Said Trustees shall be left upon some part of the said trust premises for and be
Addressed to the Trustees for the time being of these presents without
necessarily setting out their names the same shall be deemed a sufficent service of such Resolution or Resolutions upon such Trustees.
IN WITNESS
Whereof the said parties to these presents have been here unto set there hands and seals this day & year first before written
Signed sealed and delivered by the said
Thomas Shankland ) Gethin Davies
David Davies ) Thomas Shankland
John Jones ) David Davies
Simon Jones ) Joseph Davies
Richards Cory
Silas Morris in the presence of
L. Lloyd Johnson
Sol. Corwen
Signed sealed and delivered by the said
Absolom Adams ) Absolom Adams
John Iball and William Rowe ) Richard Roberts
In the presence of
George Whalley ) J. Iball
Draper
Mold
Signed sealed and delivered by the said
Joseph Davies ) W. S. Jones
And Richard Roberts
In the present of
L. Lloyd Johnson
Signed sealed and delivered by the said
Walter Simon Jones ) John Owens
Simon Jones
In the presence of
Wm. MacKenzie
96 Garden Lane
Chester
Signed sealed and delivered by the said
Gethin Davies ) Wm. Rowe
Richard Cory
In the presence of
L. Lloyd Johnson
Solicitor Corwen
J. R. Jordon his Clerk ) Silas Morris
Gethin Davies
Enrolled in the High Court of Justice (Chancery Division) the twenty third day of August in the year of our Lord 1889 being the first duly stamped according to the tenor of the Statute made for that purpose.
Author: Ebenezer Baptist Church
Tags
Year = 1995
Building = Religious
Extra = 1990s
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