Churches - Bevendean History Project
Enlarging Falmer Church
Enlarging Falmer Church
On the 24 March 1840 a contract was drawn up between Joseph Davy of Lewes, builder, William Davey of Lewes, plumber and Henry Davey of Lewes, saddler, with Henry Thomas Pelham, the Earl of Chichester and James Hodson and George Hilder, gentlemen, the churchwardens for enlarging Falmer church.
It would appear that at this time a Vestry was built on the side of the church, the church was furnished with new pews and the churchyard was extended.
A plan of Falmer Church and churchyard, one copy was signed by Joseph Davey and dated 1 January 1840.
Text of Indenture - Draft Copy
THIS INDENTURE made the 24 day of March 1840 between JOSEPH DAVEY of Lewes in the County of Sussex builder of the first part, WILLIAM DAVEY of Lewes plumber & HENRY DAVEY of Lewes Saddler of the second part. THE RIGHT HONOURABLE HENRY THOMAS EARL OF CHICHESTER and JAMES HODSON and GEORGE FILDER both of the parish of Falmer in the County of Sussex Gentlemen and Churchwardens of the said Parish of the third part whereas the said Earl of Chichester and the churchwardens and inhabitants of the said parish of Falmer in are desirous of enlarging and repewing the Parish Church of Falmer aforesaid and of building a Vestry thereto.
NOW THESE PRESENTS WITNESS that the said Joseph Davey doth hereby to himself and his Heirs Executors and Administrators covenant and agree with the said Earl of Chichester James Hodson and George Filder and their Executors and Administrators in manner following (that is to say)
That he the said Joseph Davey shall and will for the Sum of Four Hundred and eighty eight Pounds and eleven shillings to be paid to him as hereinafter mentioned in a good substantial and workmanlike manner with the best Materials execute and complete in or about the Parish Church of Falmer aforesaid ALL and singular the Works particularised in the general Specifications Sections and Drawings which have been prepared by the said Joseph Davey and identified by the Signatures of the said Parties and all such other Works as are necessarily implied or may be reasonably inferred therefrom although not expressly mentioned in the said Specification to the Satisfaction of the Surveyor to be appointed by the said Earl of Chichester.
That the said work shall be so executed and conducted as that the said church may not be thereby rendered unfit for the reception of congregation and the performance of divine service for more than five Sundays and so as that the whole of the said works be completed and the said church entirely finished and all the scaffolding rubbish and waste material cleared away before this _____ day of _____ next.
THAT the Times hereinbefore agreed upon for the Execution of the said Works shall be deemed the Essence of the Agreement and the said Joseph Davey shall forfeit and pay the sum of twenty five pounds to be recovered as liquidated damages or deducted from the sum of Four Hundred and eighty eight Pounds and eleven shillings for every Sunday exceeding five that the said church shall be rendered unfit for the reception of the Congregation and the performance of divine service and for every week that shall be required for the completion of the said works and removal of scaffolding and rubbish beyond the said ____ day of ____ next unless the default shall be unavoidably occasioned by Fire or Tempest or the prevalence of such weather as in the Opinion of the Surveyor of the of the said Earl of Chichester will necessarily suspend the Execution of the said Works.
That the said Joseph Davey shall at his own Expense find and provide all Materials Scaffolding Implements and Machinery necessary for the Execution of the said Works.
That in case any Stone Timber or other Material which the Surveyor to be appointed by the said Earl shall considered to be of an improper description or quality shall be carried to the site of the said works the said Joseph Davey shall at his own Expense remove the same within 3 days from the delivery of a Notice in Writing to him or his Foreman so to do and in default there off it shall be lawful for the ____ parties hereto of the third part to cause the same to be removed to such places as they shall think proper and the Expenses of such Removal shall be deducted from the said sum of Four Hundred and eighty eight Pounds and eleven shillings.
That in Case the Surveyor to be appointed by the said Earl of Chichester shall consider any part of the works and sound were improperly executed the said Joseph Davey on Receipt of a Notice in Writing to that Effect shall cause the same to be immediately taken down and properly re-executed without any extra charge whatever.
THAT during the Execution of the said Works the said Church shall not be left open so is to expose the Effects therein to depredation and the event of any loss or damage happening to the said Church or the Effects therein or to the Materials and Implements used in the Execution of the said Works before the same shall be completed by reason of Fire Storm or Theft the same shall be borne and made good by the said Joseph Davey.
And the said Earl of Chichester for himself and his Heirs Executors and Administrators and the said George Filder on behalf of themselves and the other parishioners of the said parish of Falmer do hereby covenant and agree with the said Joseph Davey that they the said Earl of Chichester and the Churchwardens for the time being of the said Parish of Falmer shall and will pay unto the said Joseph Davey the sum of Four Hundred and eighty eight Pounds and eleven shillings for the said Works at the times and in the manner following (that is to say). One half part thereof when the whole of the buildings have been completely healed in – One fourth part thereof when the said works shall be entirely completed and the remaining fourth part within three Months after such completion subject to any Abatement in respect of any Forfeiture or Defect in the Execution of the said Works.
And it is mutually covenanted and agreed between the said parties that the said Joseph Davey shall be at liberty to make Application and obtain an allowance for return of duty paid on the materials which shall be used by him in the execution of the said works and that the sum is so allowed or returned shall be returned by him for his own use or purpose and also that all old materials of the present church which shall not be required after the Execution of the new Works shall be the Property of the said Joseph Davey and be removed by him.
And it is further covenanted and agreed between the said Parties that the said Earl of Chichester and the Churchwardens for the time being of the said Parish of Falmer shall think proper at any time before the said Works and Buildings are completed to make any Additions Omissions or Alterations in order to the Works mentioned in the said Particulars Specifications and Drawings necessarily implied or reasonably inferred therefrom the said Earl of Chichester or the Churchwardens for the time being of the said Parish of Falmer shall give to the said Joseph Davey written Instructions for the same and the said Joseph Davey shall not be considered as having authority for the same without such written Instructions signed by the said Earl of Chichester for the Churchwardens for the time being of the said Parish of Falmer and such Additions Omissions or Alterations shall not vacate this present Contract but shall be measured and valued according to the usual Customs of Trade and the Amount thereof shall be added to or deducted from the Amount of the Monies payable to the said Joseph Davey under this present Contract as the case may require such additions or deductions to be made when the last Instalment shall be due.
And further that if any dispute or difference shall arise concerning the said works for the Construction of these presents or any matter or thing whatsoever relating thereto such disputes or differences shall be referred to the decision of two surveyors one to be named by the said Earl of Chichester and the other by the said Joseph Davey within 10 days after Notice in Writing from the one party to the other so to do or of an Umpire to be named by such two Surveyors and such decision shall be final and conclusive on the said Parties.
And the said William Davey and Henry Davey for themselves respectively and for their several respective Heirs Executors and Administrators do hereby covenant and agree with the said Earl of Chichester James Hodson and George Felder and their Executors and Administrators that the said Joseph Davey shall and will well and truly execute and perform the several Covenants and Agreements hereinbefore contained on his part.
And for the dew execution and performance by the said Joseph Davey of the said several covenants and agreements hearing contained on his part the said Joseph Davey and William Davey and Henry Davey do bind themselves and their respective heirs executors and administrators to the said Earl of Chichester James Hodson and George Felder and their executors and administrators in the terms following (to wit) the said Joseph Davey and the Sum of Two hundred Pounds and each of them the said William Davey & Henry Davey severally in the Sum of One hundred Pounds.
On the 24 March 1840 a contract was drawn up between Joseph Davy of Lewes, builder, William Davey of Lewes, plumber and Henry Davey of Lewes, saddler, with Henry Thomas Pelham, the Earl of Chichester and James Hodson and George Hilder, gentlemen, the churchwardens for enlarging Falmer church.
It would appear that at this time a Vestry was built on the side of the church, the church was furnished with new pews and the churchyard was extended.
A plan of Falmer Church and churchyard, one copy was signed by Joseph Davey and dated 1 January 1840.
Text of Indenture - Draft Copy
THIS INDENTURE made the 24 day of March 1840 between JOSEPH DAVEY of Lewes in the County of Sussex builder of the first part, WILLIAM DAVEY of Lewes plumber & HENRY DAVEY of Lewes Saddler of the second part. THE RIGHT HONOURABLE HENRY THOMAS EARL OF CHICHESTER and JAMES HODSON and GEORGE FILDER both of the parish of Falmer in the County of Sussex Gentlemen and Churchwardens of the said Parish of the third part whereas the said Earl of Chichester and the churchwardens and inhabitants of the said parish of Falmer in are desirous of enlarging and repewing the Parish Church of Falmer aforesaid and of building a Vestry thereto.
NOW THESE PRESENTS WITNESS that the said Joseph Davey doth hereby to himself and his Heirs Executors and Administrators covenant and agree with the said Earl of Chichester James Hodson and George Filder and their Executors and Administrators in manner following (that is to say)
That he the said Joseph Davey shall and will for the Sum of Four Hundred and eighty eight Pounds and eleven shillings to be paid to him as hereinafter mentioned in a good substantial and workmanlike manner with the best Materials execute and complete in or about the Parish Church of Falmer aforesaid ALL and singular the Works particularised in the general Specifications Sections and Drawings which have been prepared by the said Joseph Davey and identified by the Signatures of the said Parties and all such other Works as are necessarily implied or may be reasonably inferred therefrom although not expressly mentioned in the said Specification to the Satisfaction of the Surveyor to be appointed by the said Earl of Chichester.
That the said work shall be so executed and conducted as that the said church may not be thereby rendered unfit for the reception of congregation and the performance of divine service for more than five Sundays and so as that the whole of the said works be completed and the said church entirely finished and all the scaffolding rubbish and waste material cleared away before this _____ day of _____ next.
THAT the Times hereinbefore agreed upon for the Execution of the said Works shall be deemed the Essence of the Agreement and the said Joseph Davey shall forfeit and pay the sum of twenty five pounds to be recovered as liquidated damages or deducted from the sum of Four Hundred and eighty eight Pounds and eleven shillings for every Sunday exceeding five that the said church shall be rendered unfit for the reception of the Congregation and the performance of divine service and for every week that shall be required for the completion of the said works and removal of scaffolding and rubbish beyond the said ____ day of ____ next unless the default shall be unavoidably occasioned by Fire or Tempest or the prevalence of such weather as in the Opinion of the Surveyor of the of the said Earl of Chichester will necessarily suspend the Execution of the said Works.
That the said Joseph Davey shall at his own Expense find and provide all Materials Scaffolding Implements and Machinery necessary for the Execution of the said Works.
That in case any Stone Timber or other Material which the Surveyor to be appointed by the said Earl shall considered to be of an improper description or quality shall be carried to the site of the said works the said Joseph Davey shall at his own Expense remove the same within 3 days from the delivery of a Notice in Writing to him or his Foreman so to do and in default there off it shall be lawful for the ____ parties hereto of the third part to cause the same to be removed to such places as they shall think proper and the Expenses of such Removal shall be deducted from the said sum of Four Hundred and eighty eight Pounds and eleven shillings.
That in Case the Surveyor to be appointed by the said Earl of Chichester shall consider any part of the works and sound were improperly executed the said Joseph Davey on Receipt of a Notice in Writing to that Effect shall cause the same to be immediately taken down and properly re-executed without any extra charge whatever.
THAT during the Execution of the said Works the said Church shall not be left open so is to expose the Effects therein to depredation and the event of any loss or damage happening to the said Church or the Effects therein or to the Materials and Implements used in the Execution of the said Works before the same shall be completed by reason of Fire Storm or Theft the same shall be borne and made good by the said Joseph Davey.
And the said Earl of Chichester for himself and his Heirs Executors and Administrators and the said George Filder on behalf of themselves and the other parishioners of the said parish of Falmer do hereby covenant and agree with the said Joseph Davey that they the said Earl of Chichester and the Churchwardens for the time being of the said Parish of Falmer shall and will pay unto the said Joseph Davey the sum of Four Hundred and eighty eight Pounds and eleven shillings for the said Works at the times and in the manner following (that is to say). One half part thereof when the whole of the buildings have been completely healed in – One fourth part thereof when the said works shall be entirely completed and the remaining fourth part within three Months after such completion subject to any Abatement in respect of any Forfeiture or Defect in the Execution of the said Works.
And it is mutually covenanted and agreed between the said parties that the said Joseph Davey shall be at liberty to make Application and obtain an allowance for return of duty paid on the materials which shall be used by him in the execution of the said works and that the sum is so allowed or returned shall be returned by him for his own use or purpose and also that all old materials of the present church which shall not be required after the Execution of the new Works shall be the Property of the said Joseph Davey and be removed by him.
And it is further covenanted and agreed between the said Parties that the said Earl of Chichester and the Churchwardens for the time being of the said Parish of Falmer shall think proper at any time before the said Works and Buildings are completed to make any Additions Omissions or Alterations in order to the Works mentioned in the said Particulars Specifications and Drawings necessarily implied or reasonably inferred therefrom the said Earl of Chichester or the Churchwardens for the time being of the said Parish of Falmer shall give to the said Joseph Davey written Instructions for the same and the said Joseph Davey shall not be considered as having authority for the same without such written Instructions signed by the said Earl of Chichester for the Churchwardens for the time being of the said Parish of Falmer and such Additions Omissions or Alterations shall not vacate this present Contract but shall be measured and valued according to the usual Customs of Trade and the Amount thereof shall be added to or deducted from the Amount of the Monies payable to the said Joseph Davey under this present Contract as the case may require such additions or deductions to be made when the last Instalment shall be due.
And further that if any dispute or difference shall arise concerning the said works for the Construction of these presents or any matter or thing whatsoever relating thereto such disputes or differences shall be referred to the decision of two surveyors one to be named by the said Earl of Chichester and the other by the said Joseph Davey within 10 days after Notice in Writing from the one party to the other so to do or of an Umpire to be named by such two Surveyors and such decision shall be final and conclusive on the said Parties.
And the said William Davey and Henry Davey for themselves respectively and for their several respective Heirs Executors and Administrators do hereby covenant and agree with the said Earl of Chichester James Hodson and George Felder and their Executors and Administrators that the said Joseph Davey shall and will well and truly execute and perform the several Covenants and Agreements hereinbefore contained on his part.
And for the dew execution and performance by the said Joseph Davey of the said several covenants and agreements hearing contained on his part the said Joseph Davey and William Davey and Henry Davey do bind themselves and their respective heirs executors and administrators to the said Earl of Chichester James Hodson and George Felder and their executors and administrators in the terms following (to wit) the said Joseph Davey and the Sum of Two hundred Pounds and each of them the said William Davey & Henry Davey severally in the Sum of One hundred Pounds.
