Eng. (Lancashire). Parish Bury.

The registers of the parish church of Bury in the County of Lancasrter. Christenings, burials, & weddings (Volume 2) online

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Online LibraryEng. (Lancashire). Parish BuryThe registers of the parish church of Bury in the County of Lancasrter. Christenings, burials, & weddings (Volume 2) → online text (page 22 of 52)
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estate, to such person and persons who should more immediately be
concerned in the managing and looking after the several trusts afore-
said, the said sum to be paid at four equal quarterly payments in
every year ; and he appointed the said John Wheelwright, during
his natural life, to manage and look after the same ; and after the
death of the said John Wheelwright, it was his mind that the said
other trustees should choose the son of the said John Wheelwright
to manage the several trusts aforesaid, and after his decease, should
choose of the issue male of the body of the said John Wheelwright,
and for default of such issue, should choose and elect another person
of the surname of Wheelwright, to manage and look after the trust
aforesaid. And his will was, that all his estates both real and per-
sonal, should be chargeable with and subject to the several uses,
trusts, legacies, devises, and charges therein- before mentioned ; and
whatsoever surplus might arise out of and from his said real and
personal estate, over and above the discharge of the several trusts,
legacies, orders, directions, and devises aforesaid, the same should
be applied by his said trustees to the purchasing of lands , and it
was his vpill, that the profits thereof should always be applied to and
for the better maintenance and support of the said twenty children,
or to the enlarging of the number of scholars there, or for the
sending of more of them to the university, as the said augmentation
might allow of, in such manner as his said trustees should think fit.
And he did also thereby will and desire, that constant prayers might
be read in the said scliools every morning and evening, by the masters
thereof, and that the said children be religiously and virtuously
brought up and educated, according to the doctrine of the church of
England as by law established ; and the testator further willed, and
thereby ordered, that his said executor and trustees, or any of them,
should not demise or grant any part of his several estates, for any
term or terms exceeding twenty-one years, nor should they, or any
of them, receive any greater or other rents upon any such lease or
demise, than the same were then actually rented at, or let for ; and
the testator appointed the said John Wheelwright, sole executor of
his will.

In the year 1822 an information was filed in the high court of
Chancery, by his majesty's Attorney general, at the relation of
Robert Wheelwright and others, against John Dyson and others,


the then trustees of the charity, the complainant Robert Wheelwright
claiming as of right to be entitled to the vacant trusteeship occasioned
by the death of Mr. Wheelwright, the surviving trustee : after this
suit had been contested for some time, an arrangement was come
to ; and by consent of parties a decree was made in the cause on the
28th May, 1824, and it was referred to Wm. Courtenay, esquire,
one of the masters of the honourable court to appoint three proper
persons to be trustees, and to settle a proper scheme for the future
regulation of the charity. In pursuance of this decree, the master
reported, in reference to the appointment of new trustees, that after
a due consideration of the facts and proposals laid before him, by
the informants and the defendants, he conceived the balance of tes-
timony was in favor of the Rev. Samuel Knight (the late vicar) and
George Priestley, esquire, of White windows, and he appointed
them to be trustees of the charity in the room of the deceased trustees;
and he recommended the court to appoint Mr. John Wheelwright,
(formerly called Hoyle, who had assumed the name of Wheelwright
by royal licence) as the third trustee, he having undertaken to act
as such without any salary ; and the master authorized the trustees
to employ Mr. James Wheelwright in the business of the charity,
and to pay him the sum of £100 annually, being the sum intended
by the testator to be appropriated for a managing trustee of the
surname of Wheelwright ; and the master further reported that he
had proceeded upon that part of the decree last stated ; and found
that the annual rents and profits of the said charity estates had been
greatly increased, since the decease of the said testator, and that the
rental of the charity estates amounted to the annual sum of £1939
or thereabouts, and that there was then, standing in the name of
the accountant-general of the court, in trust in the said cause, in
bank three per cent annuities £7476 7s. 9d., and in cash the sum
of £1521 10s. Id. after payment of the costs of all parties of the
said suit, pursuant to the said decree ; and he found that the building
used as the school at Rishworth aforesaid, and containing one room
only, was then in a very delapidated state, and the farm house called
Goat house, which the said testator by his said will appropriated for
the residence of the schoolmasters and children, was a very old farm
house situated upon the summit of a hill, and was then in a very
delapidated state, and was much too small, and not at all cidculated


for the accommodation of so many children, and that it was desirable
that a new school and convenient buildings should be erected upon
the scite of the present school, or on some other more convenient
and eligible part of the charity estates within the said township of
Rishworth at the discretion of the trustees ; and upon due conside-
ration of the several schemes and proposals brought in before him,
and the evidence in support thereof, and such information as had
been laid before him by the several parties, he had thought fit to
adopt and approve of the following as a proper scheme for the ap-
plication of the said surplus funds, accumulations, and increased
rents in the augmentation and extension of the said charities according
to the said directions contained in the said testator's will, that is to
say, that there should be maintained at Rishworth, out of the trust
funds, two schools to be conducted respectively upon the following
plan (that is to say) first, a preparatory school to consist of 15 girls,
and 25 boys ; the boys and the girls to be admitted at 5| and the
boys to remain until 8| or 9, and the girls to remain till 13 ; all to
be taught reading, writing, and arithmetic, and the girls to be
taught plain work and be accustomed to domestic work, and that
there be allowed the sum of £10 to be given with one girl in each
year, either as an apprentice fee or to be applied for her use upon
her going into service, at the discretion of the trustees : that a
suitable building should be provided for this first or preparatory
school, and a master and matron appointed for the conduct thereof,
by the trustees for the time being, and with such salaries respectively
as the said trustees should from time to time consider proper to be
given to such persons respectively, but in no case exceeding the sum
of £800 in the whole, and to be kept as much below that sum as
circumstances would admit.

Second. A grammar school, to consist of at first 30 boys to be
elected in the first instance by the trustees according to the directions
of the will, and upon future vacancies to be selected from the boys
at the preparatory school ; the boys in this school to be divided into
three principal divisions or cliisses, with such further subdivisions as
the master with the concurrence of the trustees might think right.
That the first class should consist of the boys from their first entrance
into the school to the age of 12 years or such other age at which the
master might think them fit to begin Greek ; this class to be well


grounded In Latin and English and to be taught writing and arith-
metic ; that at the age of 1 2 the parents or guardians of the boy
should be called upon to declare whether they wished the boy to be
placed in the second or third division. That in the second division
the boys should remain until 16, when they must quit the school;
in this division they should not learn Greek, but be made as perfect
as possible in arithmetic and be well taught in Latin, they should
be well grounded in mathematics, and carried as far as their age
would permit in the practical part ; provision should be made for
teaching some of them mensuration and surveying, and for teaching
others the rudiments of chemistry.

The master upon communication with the parents or guardians
and observations of the boys themselves, would class them for their
branches of education respectively. That in the third division should
be placed those boys whose parents have expressed a wish that they
should receive what is properly called a classical education ; they
would be here carried on in Latin and taught Greek, and accustomed
to composition in Latin and English, they would also be carried for-
ward in arithmetic, and in the last year or two would be grounded in
mathematics. That the boys in this division should also leave the
school at sixteen except those selected as candidates for the university
the number of which candidates to be determined from time to time
by the trustees with the advice of the master, one to be selected
every second year from the number of the candidates, and sent to
one of the colleges at Oxford or Cambridge, with an exhibition of
£150 a year for four years ; that upon the examination of the can-
didates for the university the trustees should be at liberty to apply
£100 for the benefit of the boy who shall appear next in merit to the
successful candidate. That for this school there should be appointed
at first two masters, viz. a head master and a second master which
second master should teach writing and arithmetic and take such
other part in the school as the head master should direct, with the
approbation of the trustees ; that if upon experience the trvistees found
a third master necessary for the conducting of this school, then they
might at their discretion appoint a third master to teach writing and
arithmetic, and who should also be competent to teach mensuration
and the rudiments of mathematics. That the salary of the head
master should not exceed £200. ; that of the second master should


not exceed £100. ; and that of the third master (if appointed) should
not exceed £70 ; but the trustees should fix the respective salaries
within the above-stated limits, at such sum as they might think
proper, with reference to the number of boys educated and the
qualifications of the masters respectively. That the trustees should
be at liberty to procure and pay for instruction in modern languages
or other branches of education, for such of the boys as the master
might find well qualified to receive it, to be allowed by way of
reward for diligence and industry, provided that they should not
expend upon this object in any one year more than £60.

That the trustees should be at liberty to lay out a sum not
exceeding the sum of £4000, under the direction of the master, to
whom the said cause was referred, in the erection of a new school-
house, at Rishworth aforesaid, with proper accommodation, and
with a good play ground, and suitable outbuildings attached thereto
and with suitable dwellings for the master or masters, mistress,
matron, and other persons engaged in the conduct of the said school.
That there should be appointed by the Archbishop of York, for the
time being, an able and sufficient person to examine, in public,
before the trustees and the master, all the boys in their respective
classes, once a year, on the feast day of Saint John the Baptist,
who should state in writing to the Archbishop, and to the trustees,
his unbiassed opinion of the progress of the boys, for which and his
expenses he should receive £20. ; such examiner to be a graduate
M. A. or higher, of Oxford or Cambridge.

That each and every boy and girl should appear at their respec-
tive schools, clean and decently clothed, and that no child should be
continued in either of the schools having any infectious disease, or
of natural filthiness, nor any child who should be evil or wickedly
disposed or of lewd conversation, and who after reasonable correction
should not be reformed and that it should be in the power of the said
trustees for the time being, or the majority of them, to expel from
the said school any child for the causes aforesaid or any of them or
for any other just and reasonable cause.

That at the annual meetings to be held on the feast of Saint
John the Baptist as aforesaid, the said trustees or the majority of
them might make such rules and orders for the better regulation of
the said schools and the masters thereof, and the boys and girls to


be admitted therein as they should think proper, which rules and
orders should be submitted to the Archbishop of York for the time
being, for his sanction and approbation, and that such of the said
rules and orders only as should meet with his Grace's sanction and
approbation, should be binding and have effect.

That the said trustees should twice in every year, viz. on the first
day of February and first day of August, make out or cause to be
made out, an account in writing of all sums received and paid for and
on account of the said charity, up to the first day of February and
first day of August, which accounts should at the annual meeting
before mentioned, in every year be submitted, if required, to the
Archbishop of York for the time being, who might require the
vouchers to verify the truth and accuracy of the same, to be laid
before his Grace whenever he might think proper.

That the surplus rents and profits should be invested to accumu-
late, and that such accumulations with the balance of the funds in
court in trust in this cause, after payment of the costs of this sviit,
and the expenses of the school and buildings, therein proposed to
be erected, together with any increase in the rents by a change of
the times, or from letting part of the charity estates on building
leases, or from letting the coal mines or stone quarries in and under
the charity estates or some part thereof, and from the sale of the
timber, should go and be applied by the said trustees to the en-
larging the number of boys in the said school, or for the sending of



more of them to the university, as the said augmentation might allow
of, in such manner as the said trustees for the time being or the
majority of them might think fit.

That inasmuch as the testator appeared to have intended to main-
tain a school-house and schoolmaster, at Dewsbury, the said trus-
tees should be at liberty to expend a sum not exceeding £100 a
year, in maintaining the school-house now there, belonging to the
said charity, and in paying the salaries of a master and mistress to
be employed in the education of as large a number of boys and girls,
children of poor parents at Dewsbury, as the said sum would enable
them to educate, such children to be nominated by the trustees, and
to be taught reading, writing and arithmetic, according to the
national plan of education, and the girls to be taught plain work.

This Report was confirmed by the court, and the trust estates
were accordingly vested in the new trustees, who proceeded forth-
with in the discharge of their important duties. A handsome and
commodious building has since been erected on the charity estates,
at Rishworth, under the superintendance of the late Mr. John Gates,
the architect ; and opened for the admission of scholars.

The present trustees are the Rev. Charles Musgrave ; George
Priestley, and John Wheelwright, Esquires. The head master is
the Rev. R. Younger, and there is a second master in the upper
school. Mr. Earnshaw is the master of the lower school ; and
Mrs. Maslam is the matron of the establishment.




birkhead's charity.
William Birkhead, of Brookfoot, in Southowram, as appears,
(says Watson) from an inquisition taken at Halifax, Feb. 16, 1651,
and which belonged to the late Mr. Stead, of Nottingham, gave by-
will, dated December 29, 1638, out of the last third part of his
personal estate, commonly called the Death's part, unto Edward
Hanson, of Netherwoodhouse, in Rastrick, and Richard Law, of
Shelf, the sum of five pounds, in trust, that they should bestow the
same on some parcel of land, or yearly rent of inheritance, to be
yearly paid to the poor people of Rastrick and Brighouse, from time
to time, to succeeding generations for ever.

This money was not come to the hands of the trustees at the
time of taking the above Inquisition.


JOHN RILEy's charity.

John Riley, of Brigroyd, in Soyland, (as appears from the
copy of a court roll, dated at Wakefield, at the court baron of Wm.
Craven, knt. and Edwin Wiatt, esq. lords of the manor of Wake-
field, in trust, for the use of Elizabeth Clapham, widow, held there
Feb. 24, 34 Car. ii.) surrendered, on the 25th of January, 34 Car.
ii. into the hands of the lords of the manor, the reversion (after the
death of the said John) of a messuage or tenement called Field-end
in Soyland, with appurtenances, and also of a mansion-house at
Farrowheight, with two inclosures lately taken from Soyland moor,
containing, by estimation, six acres and a half, to the use of John
Gaukroger, of Flathead in Soyland, and Jeremy Riley, of Warley,
and their heirs in trust for the use of Martha Riley of Brigroyd, and
her lawful heirs ; and for want of such, in trust, to pay the rents
and profits thereof to the overseer of the poor of Soyland, for the
use of the poor of the said town, for ever, to be paid and distributed
to the said poor, at the discretion of the said John Gawkroger and
Jeremy Riley and their heirs, and the overseer of the said poor, for
the time being for ever.



"This chanty (says Watson) is withheld, and has been so for
some time. I cannot even find that it was ever paid. A complaint
was lodged at the last commission for pious uses in the West Riding,
but was offered too late to have proper notice taken of it."


James Riley, of Kirklees, clerk, by his will, dated May 6, 1723,
after giving to his brother, Joseph Riley, an estate in trust, to pay
out of the same five pounds yearly to several persons and purposes,
willed as follows : — " Item, I will that one pound, further part of the
said five pounds, be paid by the said Joseph Riley, and his heirs,
yearly and every year for ever, upon the second day of February, to
the overseer or overseers of the poor of the township of Soyland for
the time being, and to their successors, overseers of the poor of the
same township, for the use of and to be distributed to seven poor
widowers or widows, and for want of such to the most necessitous
persons of the said town of Soyland, at the discretion of the master
or owner of KirkclifFe, and of the overseers, and one or more of the
chief inhabitants of Soyland aforesaid."

Mr. Watson says, this charity is regularly distributed. The
testator charged some trust property in the township of Barkisland
with the pajTuent of certain sums to the poor of that township.


"The inquirie and presentment of the jurye charged upon the
commission directed for finding out of things given to pious uses,"
before referred to. -is entitled to some attention. With regard to
its date, it is necessary to correct an error into which I have inad-
vertently fallen, inassigning it to the year 1651 ; on re-consideration
I am induced to fix it about the years J 618-19, and for this reason,
it refers to a bequest of as late a date as 1618, but it does not include
one of 1619, (viz. that of John Boye's hereinafter mentioned) nor
indeed any of a later date than 1618 : that it is not "the inquisition


taken at Halifax, February 16, 1651" mentioned by Watson, is to
be inferred from the fact, that in more than one instance the date of
the "yeare of the king's majesties reigne that now is" is mentioned,
which expression would not have been adopted had the "inquirie"
been executed under the authority of a commission issued by those
who had then usurped the ruling power.

Notwithstanding Mr. Watson has given the substance, I prefer
stating the fact, or in other words, adopting the language of the
"inquirie", more particularly as it includes "things given to pious
uses" not mentioned by that gentleman ; and defer any observations
until the'end of the^ chapter.


"Imprimis ; wee fynde that Brian Otes late of Hallifax, by sur-
render and copy of court-roll, bearing date, which was in the seconde
yeare of King Henry viii (1511) surrendered one close, containing
two acres of land by estimation, with the appurtenances, in Hallifax,
to the use of certain feoffees and their heirs ; and by his will, bearing
date April the 28th, 1529, reciting that, whereas he had made a
surrender of a cottage and two closes containing, by estimation,
three acres of land with theappurtenances in Hallifax, to the feoffees
in trust, his will was that they should stand seised thereof, to the
use of the said Brian for his life, and after, to the churchwardens of
Hallifax and their successors for ever, they paying six shillings and
eightpence yearly, to the amending of an highway between Hallifax
and Shipden Brook, six shillings and eightpence for a dirge or mass,
in the parish church of Hallifax, to be sung or said, and the rest of
the profits to the morne priest there."

Mr. Watson says that from a manuscript, written by Mr. John
Brearcliffe an apothecary in Halifax, called "Halifax Inquiries, for
the finding out of several gifts given to pious uses, by divers persons
deceased, Dec. 22, 1651," it appears, that the above land lay below
Goldsmith's grave, in the way from thence towards the Bull Close ;
that the cottage was taken away, and that the charity was detained
by one John Exley, who at that time had the land. Mr. Wright,
page 105, says, none of the charity was paid in 1738, except that
for repairing the highway.
R 2



With reference to "Bates's gift" before-mentioned, (page 183)
Mr. Watson observes "the messuage lands are said in BrearcliiFe's
MS. to go bv the name of Yeathouse, and to lie at Blackledge Steel ;
they are also called by the same name in the register-book at Halifax.
This charity both Mr. BrearclifFe and Mr. Wright have attributed to
one widow Pymond, who was no other than Elizabeth Bates above-
named. Nov. 7, 1547, she married her second husband, Brian
Bates, and was buried Jan. 20, 1552. In the above MS. of Mr.
Brearcliffe, are the informations of two evidences, to prove that the
sum payable out of Yeathouse, to the poor of Halifax, was forty
shillings yearly ; and one of them, the Avife of one Robert Dean, of
Priestley, said she had gone with her sister-in-law, Mrs. Blythman,
who was buried at Elland, March 7, 1633, to help her to distribute
the same."

In the "inquirie" it is thus set forth : — " Item, wee fynde by the
report of Robert Deane of Exley that there was given, by one wid-
dow Pymount, twenty shillings yearly for ever, to be paid in or upon
the Friday before Easter day called Good Friday, out of certain land
called Yeathouse in Hallifax, which hath been paid every year


"Item, wee fynde by a coppy of court roll in the tyme of Robert
Waterhouse, esquier, dated the 15th day of April, anno Elizabeth
39™o that Richard Clarke of Hallifax did surrender to John Black-
wood and George Atkinson and their heirs as feoffees in trust, out of
his house where the said Clarke dwelt, near Loveledge lane (now called
George street) in Hallifax, sixe shillings eight pence for ever to the
poore of Hallifax towne. And the said sixe shillings eight pence is
likewise confirmed by a Hariott coppie to Thomas Blackwood, son
and heir to the said John Blackwood, being the surviving feoffee."

"In Mr. BrearclifFe's MS. (says Watson) it is said, that Richard
Clarke gave this house to one Robert CunlifFe, who either sold or
mortgaged it to Humphry Drake, and that in 1651 it was in the


hands of John Drake, minister, son of Humphry, who paid the six
shillings and eight-pence yearly, since which I have seen no account
of it."


"Item, wee fynde given by the will of Sir Richard Saltonstall,
knight, alderman of London, (who was sheritF there in 1588, and

Online LibraryEng. (Lancashire). Parish BuryThe registers of the parish church of Bury in the County of Lancasrter. Christenings, burials, & weddings (Volume 2) → online text (page 22 of 52)