In Search of the Lost Will of John Marler of Essex

Mr J F Hackworth sent the Association this wonderful account of his 20 year search for the lost will of John Marler of Essex….

One John Marler of Essex declared land and tenements in his will for the benefit of the poor of Kelvedon. The will was apparently dated June 20, 1419. I say apparently because nobody seems to be able to find the will although there are authoritative accounts of it. Two readily accessible documents written nearly 200 years ago attest to the date. If the date is right, the John Marler Charity, which to this day runs the almshouses in Church Street, was 600 years old in June.

A Charities Commission survey tells us it is the 24th oldest charity in England and one of the oldest almshouse charities still active.

I have been treasurer for 20 years and have tried spasmodically to find the will, more determinedly of late because of the anniversary. I confess I have failed as did some notable antiquarians in previous times. I have had the benefit of the internet and assistance with my searches from the British Library and the Westminster Abbey library whereas my predecessors did not.

I found the first document of interest in the Essex Record Office; what is known as the Brougham Report, published in 1837 as Report of the Commissioners for Inquiring Concerning Charities. The report opens with the clear statement:

John Marler, by will dated 20th June, 1419 gave two tenements called the Almshouses,……’.

The second ‘document’ of interest is in fact a wooden plaque to be found in the church recording Benefactions to this Parish’. The plaque was installed by the Rev Charles Dalton and his two church wardens in 1827. This is what it says about John Marler:

JOHN MARLER, in the year 1419, gave two Alms-Houses in the London Road for the residence of poor persons. Also two other tenements in Church Street, an acre of meadow in Broad Mead, and some small rent charges out of his estate, to keep the Church Porch and the Common Pump in repair, and the remainder to be given to the poor.

Since the two sources essentially say the same thing we might infer they both have the same source. That source would appear to be a report of an ‘Inquisition’ at Kelvedon. The inquisition was held at The Lion, now the Knights Templars houses, in 1600 and dealt with mal-administration of the charity. The inquiry was led by the Suffragan Bishop of Colchester. The report is that given by W.J.Hardy, in an article entitled Essex Charities, in the Home Counties Magazine of 1899. Here is the opening text:

Inquisition taken at Kelvedon, 7 August, 42 Elizabeth. The jury say that John Marler, late of Kelvedon, gentleman, by his will, dated 20 June, 7 Henry V., A.D., 1419, devised that two “rentaryes” wherein “Petronell and one John Owen did then inhabit,” should forever be upheld and repaired ” to harbour and lodge poor people,” and if they should not be so kept, then he willed that two new ” rentaryes ” lately [built] between the tenement late John Gerard’s, and the garden called Brendhouse Garden extending towards Kelvedon church, being then in the hands of his feoffees and executors, should remain and be employed to the upholding and repair of the two “rentaryes.”

The report goes on to tell us about rents of his properties to be used for the support of the almshouses and to support the poor of Kelvedon. The reference in the extract was to a new property referred to later in the report as Starborowes and this seems to be where the almshouses, ‘Marlers Cottages’, are now. The original almshouses were in the London Road, just round the corner, and these were demolished in the late 19th century.

Original Marler Almshouses, in London Road, were demolished in the late 19th Century

The report and a document in the Harley collection in the British Library, MS4136, give an insight into the nature and status of the man. He left money for masses to be said on his obit day and for his wife and mother to be remembered. He was clearly a man of substance but not of the aristocracy, so exactly how his wealth came about we do not know. However we learn from the rent rolls in MS4136 and from the library in Westminster Abbey that he was the Abbey’s steward in Kelvedon. Westminster Abbey at the time owned lands in the area: in particular Church Hall Manor which lies immediately to the south of the church.
A further insight into the man and the medieval mind comes from the 1474 will of his grandson, Thomas. This is the main content of MS4136 and is evidently a copy, mostly in English, made in the reign of Edward VI. We speculate as to why the copy was made, but Henry VIII abolished chantries, presumably to get his hands on the money! Thomas declared he was ‘in good and whole mind and dreading the hour of our death’. He was also a property owner who left money for masses to be said for himself and his family and he made donations so that he was buried alongside his family before the alter in the chancel. There was a record of gravestones laid in the chancel floor before Victorian tiles were laid over it. One of the stones said here lies John Marler.

Hic jacet Johes Marler qui obiit xii die Sept 1430’

So John Marler was a man of wealth, piety and charity. The report of his will in the ‘Inquisition’ text states:

Which lands and rents he willed should never be sold, nor the profits taken to the use of John his son, but “ever more lasting ” remain in the hands of six honest and sufficient men of the parish of Kelvedon.

That is exactly how it is today, 600 years later.

By the way, if you take communion at the altar rail, just remember whose grave you are walking on.

J F Hackworth, 2019

Can you help Mr Hackworth in his search for the lost will ? If so, please contact the Association at karenmorris@almshouses.org.


Board Meeting Key Decisions – 19th September 19

Key Decisions made at the most recent Almshouse Association Board Meeting are posted on ‘Latest News’ on our website for all registered member charities to access.


At the Board Meeting held on 19th September 19 at the NCVO in London, the following Key Decisions were made:

  1. The Board supports the recruitment of a part-time campaign manager on a fixed term contract.
  2. The Board supports an office move to suitable new accommodation.
  3. The Board endorsed loans and grants paper as recommended by F&GP.
  4. The Board supports a budget towards almshouse research.

A record of all Key Decisions made at Board Meetings (from June 18 onwards) can be found in ‘Current Issues’.

Published: 9 Oct 19


M&G Message

NAACIF – upcoming fund changes

M&G are proposing changes for the future management of assets.  Key among these are to broaden the investment mandate across a wider range of global assets, reducing annual fees from 0.60% to 0.50%, and opening access to all UK charities under the new fund name “M&G Charity Multi Asset Fund”. Shareholders have been invited to vote ahead of the EGM scheduled for Friday 4th October.  If members have any questions, please contact Richard Macey at M&G directly on 020 3977 3623 or charities@mandg.co.uk


Charity Commission updates

The Charity Commission has recently notified the Association about a number guidance pages that have been updated on the Charity Commission website.

Please click on the links below to access..


Online services for charities – Log in to the Charity Commission’s online services, get a new password for your charity, and other services for charities.

How to update your charity’s details – If you last submitted your annual return before 12 November 2018, you’ll likely need to confirm your charity’s details are correct before you can use the annual return service.

Prepare a charity annual return – You are required to send an annual return or tell the Charity Commission your income and expenditure every year if your charity is registered in England or Wales.

List of Charity Commission guidance publications – A collection of the Charity Commission’s ‘CC’ detailed guidance publications, from CC3 to CC49.


Posted 17 Sept 19


TV Licensing update

Our News item of 23 March 2019 advised almshouse charities that the Association had been in discussions with the BBC regarding their interpretation of legislation on concessionary licences (ARC licences) . Click here for news item.

The Association was pleased to be able to report to our members that we had received a letter from the BBC accepting the Association’s interpretation of the law. We can now confirm that the TV Licensing website has been updated to make it clear that almshouse charities established before 1 November 1949 qualify for a concessionary licence.

Click here for further details on concessionary licences

Posted 16 Sept 19


Government’s Good Work Plan

The Government has introduced a Good Work Plan setting out a number of employment reforms. To assist our members, Almshouse Association Panel Member, Ros Hammond of Employment Law in Action has summarised the main proposals in the article below:

 Are you up to date with the Good Work Plan?  

The Government´s Good Work Plan sets out a number of employment reforms as a result of the Taylor Review of Modern Working Practices.  The heart of the Taylor Review focuses on an overriding ambition that all work should be fair and decent.  Four consultation documents have been published alongside the Government’s response to the Review and these focused on: employment status; increasing transparency in the labour market; agency workers; and enforcement of employment rights. 

In summary the main proposals are:

  • The right to request a fixed working pattern – Workers who work variable hours will be able to request a fixed working pattern after 26 weeks’ continuous service with a Company.  At this stage it is thought that the Regulations will not be dissimilar to employee rights regarding requesting flexible working.
  • Extending the statutory break in service – The ’qualifying break in service’ will be extended from one week to four weeks.  However, be aware that in accordance with existing case law, additional tests are applied when considering continuous service and it is not always as straightforward as applying the qualifying break.
  • Information and consultation – The current threshold for employees to request to set up collective Information and Consultation arrangements will reduce from 10% to 2% of the relevant grouping of employees.
  • Employers banned from making deductions from staff tips – In some sectors tips, gratuities and service charges can be a significant part of staff income. Through current practices, employers may only pay a proportion of the tips received to its employees. Through the proposed changes, this will no longer be allowed.
  • All employees and workers will be entitled to a written statement of terms from day one of the working relationship (including agency workers) – Currently the legislation applies only to employees and they must be provided with a written statement of terms within two months of starting work.  This will be extended to workers, and both workers and employees must be provided with the statement of rights on appointment.
  • Employment status to be clearer – Proposals are being put forward for an online employment status tool to be developed, which will hopefully streamline the tests in respect of employment status, making status clearer.
  • Statutory Holiday Pay – The reference period will be increased to 52 weeks from 12 weeks.
  • Agency Workers – The ‘Swedish Derogation’ in the Agency Workers Regulations 2010 will be repealed, the current situation allows Temporary Work Agencies to avoid matching the amount paid to a temporary agency work in comparison to a directly recruited worker.
  • Naming and Shaming – For those employers who fail to pay employees or workers in respect of Employment Tribunal awards, they will face being named through a naming scheme.

The Taylor Review proposed over 50 different reforms, most of which the Government are consulting about or proposing changes.  Whilst the Government claims this is the biggest reform of employment legislation in 20 years, we believe that it is more about clarity of some areas where case law has caused confusion.  As the Government provides further details in respect of its recommendations, we will share these with you.  For further information the Good Work Plan can be found in full by following this link:

https://www.gov.uk/government/publications/good-work-plan

Written by Ros Hammond, Employment Law in Action Ltd E: info@eliaction.com www.eliaction.com

Posted 5 Sept 19


Charity Barometer 2019

In these rapidly changing times, uncertainty is the new norm and new risks are emerging all the time. Increasingly, charities need to spend more time thinking about not only the potential rewards, but also the risks they are facing, and ensuring that they are doing enough to respond to internal and external change.

Ecclesiastical has partnered with Third Sector Insight to produce a helpful document highlighting the needs for risk management, identifying the top risks and concerns and signposting possible solutions.

The Association has made the publication available here.


Posted 5 Sept 19


Value for Money Metrics for almshouse charities

The Regulator of Social Housing changed its accounting rules in a new direction, published 20th February 2019. The new rules are part of the English regulator’s plan to align its requirements with the Value for Money Standard introduced in April 2018.

Under the rules, all almshouses charities that are Registered Providers of Social Housing are required to comply. To assist those members that are Registered Providers, a briefing note has been produced that can be found here.


Posted 5 Sept 19


Welsh Government confirms almshouse charity exemption

Welsh Government confirms that the almshouse charities are exempt from the Renting Homes (Wales) Act 2016.

In July 2019, Nick Phillips, the Chief Executive of the Almshouse Association, wrote to the Welsh Government asking them to confirm that any legal issues relating to the appointment of beneficiaries of Welsh almshouses are dealt with under existing charity law rather than the Renting Homes (Wales) Act 2016.

The Welsh Government has responded to confirm that this will be the case and a copy of the letter can be found here and supporting information here.

The resolving of this issue is vital not only to Welsh almshouses but to the wider almshouse movement as it reaffirms the position that almshouse residents are appointed as beneficiaries of the charity.


Association Submits Evidence to the Housing Communities and Local Government Committee

The Almshouse Association has called on the Government to make it clear in planning policy that almshouse charities are a recognised form of affordable housing.

In a written submission to the Committee’s inquiry into long-term delivery of social and affordable rented housing, the Association stated that:

In order to encourage more almshouse charities to build more affordable homes and encourage investment in housing from non-government funds, all almshouse charities should be regarded as affordable housing for planning purposes.

The Almshouse Association, July 2019

The full report can be found here

Click here for further information on the Housing, Communities and Local Government Committee’s enquiry.

Posted: 15 July 19