Temperance Hall
The remains of the Temperance Hall are now a rock garden in the angle of land between the bottom of Farthing Row and Halfpenny Lane. The 1806 map of the survey of Roadhill, Wilts shows a non-domestic building on the site but gives no clear indication of ownership or occupation. An indenture dated 3 Dec 1829 conveyed a Waggon House from Thomas Whitaker Ledyard to William Rodaway, the younger William Rodaway died circa 22 Apr 1837leaving the property to Elizabeth Rodaway as heiress at law.
The Road Hill tithe map of 1843 shows the property as plot no. 70, but I do not have a description of the property , its owner or occupier. An indenture dated 11 Aug. 1845 (see below) conveyed the Waggon House from Elizabeth Rodaway, aged about 22 years, to Henry Osborne of the parish of N. Bradley
Indentures dated 5 Dec 1854 and 24 Feb 1855 (see below) conveyed all that piece of ground adjoining to a Barton at or near the south end thereof and whereon a Temperance Hall is now erected, from Henry Osborne, in trust to Temperance Hall Committee.
By 1900 the Hall was a dangerous ruin and needed to be pulled down, but despite extensive enquiries ownership remained in doubt and even the district council would not accept responsibility.
Conveyance of a Waggon House and premises at Road in the Parish
of North Bradley
Dated the 11th Day of August 1845. Miss Elizabeth Rodaway to
Mr. Henry Osborne
This indenture made the Eleventh day of August in the year
of Our Lord One thousand eight hundred and forty five BETWEEN
ELIZABETH RODAWAY of Road in the County of Somerset Spinster of
the first part HENRY OSBORNE of the Parish of North Bradley in
the County of Wi1ts Baker of the second part and JOHN JONES BUSH
of Trowbridge in the said County of Wi1ts Gentleman of the third
part
WHEREAS by an Indenture bearing date the third day of December
One thousand eight hundred ad twenty nine and made between THOMAS
WHITAKER LEDYARD therein described of the first part and WILLIAM
RODAWAY the younger also therein described of the second part and
ISAAC BESSER of the third part For the consideration therein men-
tioned the said THOMAS WHITAKER LEDYARD did direct limit and
appoint the Waggon House and premises therein and hereinafter
described To the use and for such person and persons for such
Estate and interests trusts ends INTENTS and PURPOSES and under
and subject to such powers provisos declarations and agreements
as the sald WILLIAM RODAWAY the younger by any Deed or Instrument
in writing with or without power of revocation and new appoint-
ment to be by him duly executed and attested should direct limit
or appoint or grant bargain sell release or convey the same and
for want of such direction limitation or appointment bargain
grant sale release or conveyance and in the meantime until any
such should be made and subject thereto To the use of the said
WILLIAM RODAWAY and his assigns for and during the term of his
natural life without impeachment of waste with a limitation To
the use of the said ISAAC BESSER and his heirs during the life of
the said WILLIAM RODAWAY the younger In Trust for the said
WILLIAM RODAWAY the younger and his assigns with remainder To the
use of the said WILLIAM RODAWAY the younger his HEIRS and assigns
for ever
AND WHEREAS the said WILLIAM RODAWAY the younger departed
this life on or about the twenty second day of April One thousand
eight hundred and thirty seven Intestate and without having made
any disposition of the said Waggon House and premises before
mentioned leaving the said ELIZABETH RODAWAY (who is now of the
age of twenty two years or thereabouts) his only Child and Heiress
at Law surviving
AND WHEREAS the said HENRY OSBORNE has agreed with the said
ELIZABETH RODAWAY for the absolute purchase of the said Waggon
House hereditaments and premises for an Estate of inheritance in
fee simple in possession at or for the sum of Fifteen Pounds
NOW THIS INDENTURE WITNESSETH that in consideration of the
sum of Fifteen Pounds of 1awfu1 British Money paid by the said
HENRY OSBORNE to the said ELIZABETH RODAWAY before the execution
of these presents the receipt of which sum the said ELIZABETH
RODAWAY doth hereby acknowledge and from the same and every part
thereof doth release and for ever discharge the said HENRY OSBORNE
his Heirs Appointees Executors Administrators and Assigns She the
(1)
ELIZABETH RODAWAY DOTH by these presents (made in pursuance of
an Act of Parliament passed in the fourth year of the reign of
Queen Victoria intituled “An act for rendering the Release as
effectual for the Conveyance of Freehold Estates as a Lease and
Release by the same Parties”) grant bargain sell release and
convey unto the said HENRY OSBORNE and his Heirs ALL THAT Waggon
House and Outhouse adjoining to a Barton at or near the south
west end thereof situate lying and being near Road in the Parish
of North Bradley aforesaid formerly 1n the occupation of JOSEPH
CABELL deceased afterward of the said THOMAS WHITAKER LEDYARD
part of which said premises are now in the occupation of URIAH
BLOCK and the other part unoccupied Together with all paths
passages waters watercourses profits commodities rights members
and appurtenances to the said Waggon House and Outhouse heredita-
ments and premises belonging or appertaining And the reversion
and reversions remainder and remainders yearly and other rents
issues and profits thereof and of very part thereof And all the
Estate right title interest use trust property possession claim
and demand whatsoever at law and in equity of her the said
ELIZABETH RODAWAY of in or to the said hereditaments and premises
Together with all deeds and writings relating so1e1y to the title
of the said hereditaments and premises now in the custody or
possession of the said ELIZABETH MARGARET RODAWAY or which she
can come by or procure without suit at law or in equity TO HAVE
AND TO HOLD the said Waggon House Outhouse hereditaments and
premises hereby released or otherwise assured or intended so to
be with their appurtenances unto the said HENRY OSBORNE and his
heirs for ever To such uses upon such Trusts and for such intents
and purposes and charged and chargeable in such manner and form
as the said HENRY OSBORNE shall at any time or from time to time
by any deed or deeds direct and appoint and in default of and
subject to such direction and appointment To the use of the said
HENRY OSBORNE and his assigns during the term of his natural life
without impeachment of waste and immediately after the determin-
ation of that Estate by any means To the use of the said JOHN
JONES BUSH his Executors and Administrators during the natural
life of the said HENRY OSBORNE Upon Trust for the said HENRY
OSBORNE and his assigns and immediately after the determination
of that Estate To the use of the said HENRY OSBORNE his Heirs and
Assigns for ever and the said HENRY OSBORNE doth hereby declare
that his widow (if any) shall not be entitled to dower out of the
said Waggon House and hereditaments hereby released or intended
so to be
AND the said ELIZABETH RODAWAY FOR HERSELF HER Heirs Exec-
utors and Administrators doth hereby covenant and agree with the
said HENRY OSBORNE and his Heirs that notwithstanding any act
deed matter or thing whatsoever made done or permitted to the
contrary by the said ELIZABETH RODAWAY now hath in herself good
right and absolute authority by these Presents to grant release
or otherwise assure the said hereditaments and premises intended
to be hereby release or otherwise assured and every part of the
same with the appurtenances unto the said HENRY OSBORNE and his
Heirs for ever to the uses hereinbefore declared concerning the
same according to the free intent and meaning of these presents.
AND ALSO that notwithstanding any act deed matter or thing
as aforesaid the said Waggon House hereditaments and premises
intended to be hereby released shall from time to time and at all
times hereinafter remain to the uses hereinbefore declared
concerning the same and be peaceably and quietly held and enjoyed
accordingly without any eviction interruption or denial whatso-
ever from or by the said ELIZABETH RODAWAY or by or through her
acts defaults privily or procurement
(2)
AND that free and clear or freely or clearly discharged
from or by the said ELIZABETH RODAWAY her Heirs Executors or
Administrators effectually indemnified against all former or
other Estates rights titles charges and incumbrances whatsoever
made created or occasioned by the said ELIZABETH RODAWAY or any
Person or Persons rightfully claiming from through under or in
trust for her or by or through her acts defaults privily or
procurement
AND FURTHER that the said ELIZABETH RODAWAY and her Heirs
and every person whomsoever rightfully claiming any Estate right
title charge or interest at 1aw or in equity in to or out of the
said hereditaments and premises hereby intended to be released
hereby from through under or in trust for her or them will from
time to time and at all times hereafter on the request and at the
costs and charges of the said HENRY OSBORNE his Appointees Heirs
or Assigns make do or execute and perfect every such lawfu1 act
deed conveyance and assurance in the law whatsoever for more
effectually or satisfactorily granting releasing confirming or
otherwise assuring the said hereditaments and premises intended
to be hereby released and every part of the same with their
appurtenances to the uses and in manner aforesaid as by the said
Henry Osborne his Appointees Heirs or Assigns or his or their
Counsel in the law shall be reasonably advised and required
IN WITNESS whereof the said Parties to these presents have
hereunto set their hands and seals the day and year first above
written.
(signed and sealed)
Elizabeth Rodaway
Signed sealed and delivered (being first duly stamped) by
Elizabeth Rodaway Henry Osborne and John James Bush all within
named in the presence of Isaac Besser Trowbridge
Received on the day of the date of the within written Inden-
ture of and from the within named Henry Osborne the sum of
Fifteen Pounds being the full consideration money within
expressed to be paid by him to me.
Elizabeth Rodaway
Witness Isaac Besser
MR HENRY OSBORNE
to
MR. J. H. COTTERELL and Others
Trustees for the benefit of the
Members of the Temperance Society
at Road near Frome, Somerset.
COPY
CONVEYANCE
of Building at Road intended to
be used as a Temperance Hall.
Enrolled in Her Majesty’s High Court
of Chancery the 24th day of February
in the year of our Lord 1855 (being
first duly stamped) according to the
tenor of the Statutes made for that
purpose.
(SIGNED) W. Wright.
(SEAL)
Daniel & Cruttwell,
Frome, Somerset.
Stamp 5/-
Bath 23.54
THIS INDENTURE made the fifth day of December One thousand eight hundred and fifty four
BETWEEN HENRY OSBORNE late of the Parish of North Bradley but now of the Parish of Wingfield in Wilt-
shire Farmer of the first part JAMES MOORE of Road near Frome in Somersetshire Ironmonger Treasurer of the
Temperance Society there CHARLES HAPPERFIELD of the same place Shopkeeper and Baker President of the said
Society and JOHN NOAD of the same place Butcher Secretary of the said Society and CHARLES STOKES Baker
JAMES FRICKER Glazier HENRY MARTIN Shoemaker EDWARD GREENLAND Dyer WILLIAM NUTT Shoemaker JOHN LANSDOWN
Dyer and DANIEL SAY Shoemaker all of Road aforesaid in the Counties of Somerset and Wilts being the
Committee of the said Society of the second part JACOB HENRY COTTERELL of the City of Bath Landsurveyor
JOHN WILKINS of Tellisford in Somersetshire Fuller and WILLIM DERV of the Parish of North Bradley in
Wiltshire Farmer of the third part WITNESSETH that in consideration of the sum of FIFTY POUNDS (moneys
raised by private subscription made amongst the said Society and the Friends thereof) to the said Henry
Osborne now paid by the said several persons parties hereto of the second part the receipt whereof he the
said Henry Osborne doth hereby acknowledge and of Five Shillings to the said Henry Osborne paid by the
several persons parties hereto of the third part the receipt whereof he doth hereby also acknowledge he
the said Henry Osborne at the request of the several persons parties hereto of the second part DOTH hereby
grant alien convey release and assure unto the said Jacob Henry Cotterell John Wilkins and William Derv
and their heirs ALL THAT piece of ground adjoining to a Barton at or near the South end thereof situate
at or near Road aforesaid in the Parish of North Bradley in the County of Wilts now in the possession of
the said persons parties hereto of the second part and whereon a Temperance Hall or Meeting House is now
erected AND ALSO the said Erection or Building now known as the Temperance Hall together with all paths
passages waters watercourses profits commodities rights incumbers and appurtenances to the said heredita-
ments belonging or appertaining and all the estate and interest of him the said Henry Osborne of in or to
the said hereditaments hereby conveyed TO HAVE AND TO HOLD the same hereditaments and premises unto and
to the use of the said Jacob Henry Cotterell John Wilkins and William Derv their heirs and assigns for
ever but nevertheless UPON TRUST (yet subject and without prejudice to any Mortgage which shall be made
under and by virtue of the power in that behalf hereinafter contained) from time to time and at all times
for ever hereafter to permit and suffer the said hereditaments and premises hereby conveyed and the said
Hall to he used and enjoyed for the purposes of the said Society according to the Rules and directions for
the time being subsisting and passed and provided by the said Temperance Society at Road aforesaid
provided that such purposes be not at any time contrary to the principles of Total Abstinence from all
intoxicating liquors PROVIDED ALWAYS that it shall be lawful for the Trustees and Trustee for the time
being of these presents at any time hereafter upon receiving a written direction in that behalf from the
Committee or Managing Body of the sad Society or of all the members or member (if only one) for the time
being of the said Society to sell and dispose of the hereditaments and premises hereby conveyed with the
said Hall either by public auction or private contract and in such manner in other respects as shall be
deemed advisable with power to buy in the same at any sale or sales by public auction and to rescind any
contract of sale and resell the same premises in manner aforesaid without being answerable for any loss
or costs occasioned thereby and also to adopt such means to enforce any contract or to recover damages for
the breach thereof as shall be advised by the Council of the said Trustees or Trustee for the time being
and to convey the said hereditaments and premises to the Purchaser or Purchasers thereof and his her or
-1-
their heirs and assigns respectively or as he she or they shall direct and to sign and give receipts
for the Purchase Money for which the same shall be sold and the Purchaser or Purchasers after the Convey-
ance executed thereof and a receipt given for the purchase money shall not be concerned to see to the
application of or to be answerable or accountable for the loss misapplication or nonapplication of his her
or their purchase money or be liable to inquire whether such sale or conveyance is necessary or into the
propriety or regularity thereof AND FURTHER that upon receiving such written direction as aforesaid it
shall be lawful for the said Trustees and Trustee for the time being of these presents to Mortgage the
said hereditaments and premises hereby conveyed with such power of sale and other reasonable powers and
provisions as the Mortgage or Mortgages may require in that behalf or to demise and lease the same
premises for such term and at such rent and with such covenants and provisions as the said Trustees or
Trustee may deem advisable AND IT IS hereby declared that in the case of any such sale mortgage or lease
as aforesaid the Trustees or Trustee for the time being hereof shall stand possessed of the moneys to
arise therefrom or thereby UPON TRUST to pay off and discharge all such debts as may be then owing on
account of the said hereditaments and premises hereby assured and the said Temperance Hall and in case
there shall remain any surplus of the said moneys upon trust to apply the same for the general purposes
of the said Society as the said Committee or Managing Body may from time to time direct and especially
if they so shall direct to apply the same in or towards the purchase of or building another more suitable
Temperance Hall to be conveyed and settled Upon such and the like trusts and for such and the like pur-
poses as are herein declared concerning the premises hereby conveyed but in case the said Temperance
Society of Road aforesaid shall be at any time reduced to less than five members in the whole to lay out
the same as the then existing members or member of the said Society to be signified by a note in writing
under their his or her hands or hand shall think fit but for the furtherance of the principles of total
abstinance only PROVIDED FURTHER that if at any time the number of the said Trustees shall be reduced
by death resignation incapacity or otherwise or in case either of the said Trustees shall break his
pledge of total abstinance from intoxicating liquors then or in either of the said events it shall be
lawful for the members of the Committee for the time being of the said Society as soon as conveniently
may be thereafter nominate and appoint such other person or persons as they shall think proper to make
up the original number of three of them the said Trustees such persons so to be nominated and appointed
being members of some Temperance Society and having taken a pledge of abstinance from all intoxicating
liquors and to be approved by the continuing Trustees or Trustee for the time being (if any) and there-
upon at the expense of the funds of the said Society all such conveyances and assurances shall be made
and executed as shall be necessary for vesting the same trust hereditaments and premises in the said new
Trustees or Trustee either solely or jointly with the continuing Trustees or Trustee as the case shall
require and that every such new Trustee as will before as after such transfer and conveyance shall have
the same powers and authorities in all respects as the continuing Trustees or Trustee for the time being
AND FURTHER that each Trustee for the time being of these presents shall be chargeable only with such
moneys as he respectively shall actually receive and shall be answerable for his own acts deeds and defaults
and not the one for the other of them nor for the acts deeds or defaults of the said Committee or other
Managing Body of the said Society nor for any involuntary losses And that the said Trustees or Trustee
for the time being may reimburse themselves or himself out of the moneys which shall come to their or his
hands under the Trusts aforesaid all expenses to be incurred in or about the execution of the aforesaid
-2-
Trusts and may from time to time insure the said premises against loss by fire in any office for
Fire insurance in London or Westminster and may from time to time repair the same premises but it shall
not be incumbent upon them or him to insure or repair the same several premises nor shall he or they be
responsible for any default in any insurance or repair or for any loss consequential thereon AND FURTHER
may permit any new Building or Buildings to be erected on the same ground or on any part thereof or any
alterations to be made in the present or any such future Building or Buildings provided that such new
erections or alterations be effected with the sanction of a general Meeting of the said Society at which
two thirds of the members for the time being shall be present AND THE SAID Henry Osborne for himself his
heirs executors and ,administrators doth hereby covenant with the said Jacob Henry Cotterell John Wilkins
and William Derv their heirs and Assigns that notwithstanding any act deed or thing by the said Henry
Osborne made or done or knowingly permitted he the said Henry Osborne now hath full power to grant and
convey the said hereby granted and conveyed premises unto and to the use of the said Jacob Henry Cotterell
John Wilkins and William Derv and their heirs Upon the trusts hereinbefore Declared AND ALSO that it
shall be lawful for the sad Jacob Henry Cotterell John Wilkins and William Derv their heirs and assigns
immediately to enter into and upon the same hereditaments and premises and peaceably to have hold possess
and enjoy the same and to reserve and take the rents issues and profits hereof for ever Upon the Trusts
hereinbefore declared without any interruption or denial or from or by the said Henry Osborne or his heirs
or any other person or persons claiming or to claim from or under him or them And that free from all
incumbrances AND FURTHER that he the said Henry Osborne his heirs and every other person lawfully or
equitably claiming through or in trust for him will at aIl times at the cost of the said Jacob Henry
Cotterell John Wilkins and William Derv their heirs or assigns make do acknowledge and execute all such
acts deeds grants conveyances and assurances for further and better granting conveying and assuring alI
the said hereditaments and premises hereinbefore granted and conveyed or intended so to be unto and to the
use of the said Jacob Henry Cotterell John Wilkins and William Derv their heirs and assigns for ever upon
the trusts and for the purposes hereinbefore declared as by them their heirs or assigns or their Counsel
shall be reasonably required IN WITNESS whereof the said parties to these presents have hereunto set
their hands and seals the day and year first above written
SIGNED AND SEALED BY:-
HENRY OSBORNE. JAMES MOORE. CHARLES HAPPERFIELD. JOHN NOAD. CHARLES STOKES. JAMES FRICKER. HENRY
MARTIN. EDWARD GREENLAND. WILLIAM NUTT. JOHN LANSDOWN. DANIEL SAY. J. H. COTTERELL. JOHN WILKINS and
WILLIAM DERV.
(ENDORSED ON CONVEYANCE).
Taken and acknowledged by HENRY OSBORNE one of the parties hereto at Frome, Selwood in the County of
Somerset this Twenty first day of February One thousand eight hundred and fifty five Before me,
(SIGNED) Henry Miller.
A Commissioner to Administer Oaths in Chancery in England.
RECEIVED the day and year first within written of the persons within named parties hereto of the second
part the full sum of FIFTY POUNDS the consideration money within mentioned to be paid by them to me. (£50).
WITNESS – James Forster. (SIGNED) Henry Osborne
SIGNED Sealed and Delivered by all the parties hereto except Jacob Henry Cotterell whose execution
hereof is attested by Henry Spackman in the presence of James Forster.
SIGNED Sealed and Delivered by the within named Jacob Henry Cotterell in the presence of Henry Spackman,
Landsurveyor, Bath.
-3-
extract from A History of Brewing
This John Noad, incidentally, was not the one whose daughter married into the Fussell family (for that John Noad was Secretary of the Temperance Society!)