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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geons ; the White Horse, Southgate ; the Shakespeare Tavern ; the
White Swan Inn ; the Talbot, (in which every window was broken ;)
Mr. Lister's, the auctioneer ; the Vicarage, where much damage was
done ; the ThreePigeons ; Mr. Staveley's, Beanfield, windows broken
and other damage done ; C. Rawson's, Esq. Hope-house, windows &c.
broken; Mr. J. Rawson's, the Shay, windows, furniture, &c. broken ;
Mr. J. Holdsworth's, Shaw-hill, windows broken, house rifled.
Hence they directed their course to Mr. J. E. Norris's, Saville-
hall, where the dining and drawing rooms were both broken into and
rifled, and the furniture, books, &c., scattered over the lawn and
garden : some valuable paintings were also destroyed, and silver-
plate stolen : for the latter no compensation could be recovered from
the wapentake. The mob then proceeded to the Bee-Hive,
in King Cross-Lane, where they broke the windows ; hence, through
the town, to Mr. Atkinson's spirit-shop. North Bridge, where they
also broke the windows.

During part of the time the mob were employed in their work
of mischief, it appeared from evidence subsequently adduced before
a jury, that they were accompanied by music.

The following short abstract of the judicial proceedings that fol-
lowed, wUl shew the nature of the damage done. On Monday,
February 10, a special session was held in the magistrates' office
for the purpose of deciding upon the claims for compensation for
damage done under thirty pounds. The following is a list of the
claimants who had given the usual notices, and whose claims were
considered by the magistrates assembled : — Joseph Bottomley, Sun
Inn, £30 ; John Holdesworth, Pigeons, £30 ; Mr. John Lister, sur-
geon, £26 15s. 6d.; Messrs. F. PI. and W. Nicholson, drapers, £17
17s. ; Thomas Atkinson, spirit merchant, £17 Os. 8d. ; Wm. Akroyd,
King of Prussia, £15; James Bahnforth, Britannia, £12; John
Helliwell, beer-seller, £12 ; Mr. John Staveley, merchant,
£11 5s. lid.; Thomas Mann, White Hart, £8 9s. 6d. ; Joseph
Bairstow, Union Cross, £1 ; Jas. Brier, White Horse, £6 9s. lOd. ;
John Smithson, King's Head, £6. 3s. ; Mrs.Mary Bairstow, Shak-
speare, £5 lis.; Benjamin Wood, druggist, £3; William Firth,
Black Bull, £3 ; making a sum of £241 12s. 5d.


The usual notices were proved to have been given ; and it was
stated that the claim of C. Rawson, Esq., Avould be taken to the as-
sizes, the damage having been ascertained to amount to seventy-six
pounds. All these claims were allowed with some trifling deductions.

On Tuesday the 10th March, a court was held at York-castle,
before William Gray, junr. Esq. under sheriff, for the assessment
of damages suffered by other parties, owing to the riots. The fol-
lowing cages were disposed of : —

Sum Assessed.

Norris, gent. v. The inhabitants of Agbrigg & Morley. . £799

Holdsworth, v. the same £230

Staveley and others, v. the same £240

Musgrave, v. the same £ 80

Sugden, V. the same £ 90

Metcalfe, v. the same £133

On the 3 1st March, another court was holden, when the remainder
were disposed of : —

Sum Assessed.
£. S. D.

Rawson,C.Esq. v. the inhabitants of Agbrigg&Morley 73 9 11

Rawson, J. v. the same 250

Carr, v. the same 1 24 12 7

Sutcliffe, V. the same 45

From the foregoing facts, it would appear that the ruling passion
of the mob was an insatiable love of mischief ; and it cannot be dis-
puted, from the evidence produced on these enquiries, that had any
thing like an efficient and organised police force, been directed to act
with vigor and effect at the first breaking out of the disturbance,
the mob might have been effectually dispersed ; but unfortunately
encouraged by non-resistance, they increased in strength until the
constabulary force of the toAvn, (which was never brought to bear
upon them until the mischief was done,) was of little or no avail.
The magistrates at one o'clock had dispatched a messenger to the
commanding-officer at Leeds, for a party of the king's troops,
requiring their immediate assistance, and a troop of lancers arrived
at seven o'clock, from Dewsbury. The mob however had by this
time considerably dispersed, and the presence of the military for a
few days, effectually restored tranquility.


I have stated that ulterior proceedings were adopted by the sup-
porters of Mr. Protheroe to unseat Mr. Wortley. On the 19th
February the new parliament assembled, and on the 9th of March
following a petition was presented to the house of Commons against
the hon. gentleman's return. On the following night a petition
was also presented against the return of Mr. "Wood, and both these
petitions were referred to a committee, to be ballotted for on the
12th May. Both parties were once more actively engaged in pre-
paring for a species of warfare which is perhaps more calculated
than any other to perpetuate party strife. Whether the petition-
ers against Mr. Wortley's return found that they could not invali-
date that return, or whether they thought the better part of valour
was discretion, I am not prepared to say ; but on the 25th of April
they gave formal notice to the friends of that gentleman, that they
intended to abandon their petition : and on the following day a
similar notice was given to the friends of Mr. Wood.

The excitement caused by the election was also productive of legal
proceedings that had much better have been buried in oblivion. An
action was brought by G. B. Browne, Esq., against the proprietors
of the Halifax Guardian newspaper, to recover damages for an
alleged libel, which appeared in that paper, in the shape of certain
letters explanatory of the plaintiiFs conduct when soliciting an
elector, of the name of Waddington, for his vote on behalf of Mr.
Protheroe. This action was followed up by another, brought by
Waddington against Mr. Browne and another, for an assault arising
out of the same transaction. Both cases were tried at the York
Spring assizes before Mr. Baron Parke, and a special jury ; when
a verdict for the defendants was found in the first case ; and a ver-
dict by consent for the plaintiff, in the second case.

In the month of April a change in His Majesty's councils
led to a rumour, that Mr. C. Wood was about to take office under
the new administration, of which the Viscount Melbourne was
premier. A requisition to Christopher Rawson, Esq. was prepared
unknown to that gentleman, and numerously signed, calling upon
him to supply any vacancy that might arise in the representation of
the borough, should Mr. Wood's acceptance of oflice compel him
to vacate his seat. To this requisition Mr. Rawson required a short
time for consideration and ultimately returned an answer stating his


readiness to comply with the wishes of the requisitionists should
the contemplated event take place. This however did not happen.
I must not omit to mention that the friends of Mr, Wood expressed
their fixed determination to defend any attempt that might be made
to contest the Hon. member's seat in the event of its being vacated.

The Revising Barristers held their annual court in the borough
on the 20th October, 1 835. At the preceding courts there had
been little to occupy their attention beyond formal business ; but
on this occasion their proceedings were viewed with more than or-
dinary interest. The decisions of various Election Committees of the
House of Commons on cases arising under the Reform act, rendered it
necessary that a more than ordinary attention should be paid to a cor-
rect revision of the overseer's lists, inasmuch as the insertion of a
voter's name in the register was in these tribunals considered primd
facie evidence of a legal right to the elective franchise.

The result of the late election was important to both parties,
for it proved beyond a doubt that a re-action had taken place since
the first election, in favor of the Tories. The scales at this time were
nearly balanced. The overseer's lists presented a considerable in-
crease in the number of claimants, many of whom it was notorious
had no bona fide qualification. Not less than 260 notices of objec-
tion were given by the Tories, and 130 by their opponents : of these
some were paired off previous to the sitting of the court. On the
morning of the 20th the court met at the Magistrates' Office, and
thence by adjournment at the Talbot Inn, where three separate
courts were formed for the dispatch of business, each objection
being generally separately argued. The result of the decisions
reduced the list to 757 voters ; thus shewing an increase of 109
above the constituency of the preceding year.

During the last session, an act was passed, to limit the time
of taking the Poll in Boroughs ; henceforth the polling shall com-
mence at eight o'clock a. m. of the day next following the day fixed
for the election ; and continue such one day only, and no poll shall
be kept open later tlian four o'clock p. m. not more than three hun-
dred voters shall be allowed to poll in each booth, nor more than one
hundred in one booth, if required by any candidate, or the proposer
or seconder of any candidate.


See pnr/e 82.
THE deed of endo-mnent of the vicarage of Halifax is in Latin: the follow-
ing is a translation : —

To all the sons of the Holy Mother Church to whom tlais writing shall come,
Gilbert the venerable vicar of father William, by the grace of God, Archbishop
of York, and primate of England, wish health in Christ Jesus. By how much
more carefully the enemy of the human race goes about seeking whom he may de-
vour, and contriving for the supply of his unsatiable lust, so much more studious-
ly and watchfully ought we to resist his wicked efforts, with all our power, lest
the deceitful craftiness of the betrayer should draw the sheep into sudden destruc-
tion. Hence it comes to pass that on account of the great produce and revenue
of the Mother Church of Halifax, (which Church together with its chapels and
dependencies, has been for a long time in the patronage of foreigners, who were
more eager for the milk and wool, than for the salvation of souls, and have
shamefully neglected its spiritual concerns :) frequently the Court Clergy * and
sometimes foreigners, unacquainted with the English language, have wrested
the said church by violent threats, by oppression, and by the powerful entreaties
of princes, from the hands of the prior and convent of Lewis, its rightful jiatrons,
and when admitted to the same, have miserably disregarded their pastoral office.
Wherefore the Reverend Father, our lord Ai'chbishop, observing and regretting
this miserable negligence, and much grieved on account of so many persons
destitute of the consolations of a pastor, has often and deeply meditated how he
might administer permanent relief to this disease. He perceived these — That
if a perpetual vicar should be appointed, who might continually reside there and
have portions assigned him from the revenue of the said church, sufficient
for the maintenance of hospitality, and for the other burthens incumbent on so
rich a benefice and if the remainder of the profits of the liWng should go to the
patrons for their use ; by such an-angement, both the advantage of souls would
be consulted, and also the said religious would exceedingly rejoice at the happy
increase of their means of hospitality. Oftl'n the said Archbishop, when about
to set off to the Council of Lyons, enjoined us to cause the forementioned things
to be executed esjiecially since Williani do Chameur, the then rector of that
church, had been just appointed to the bishopric of Lofon. We therefore with
great care estimated the just profits of the said church, and we have ordained
and appointed, that a perpetual vicar should be established in the above men-
tioned parish, who together with his successors, shall receive certain portions of
the revenue, amounting to 50 marks a year, according to the accustomed and
common taxation; and that the remainder shall go to the patrons for their
perpetual use. Moreover at the decease of any vicar, the aforesaid prior and
convent, shall present according to the Canons, fit persons to the Archbishop
and his successors. Besides what has been already mentioned, we here enu-
merate some other things which shall be granted to the vicar for ever, viz. —

(• Clerici curiales,) qu. practising lawyers in holy orders.


That he shall have a piece of ground extending in length from the roa<^l, along
the river side, towards the east as far as another road towards the west, and in
breadth from the road along side of the church yard, to the land of Richard de
Gunar, towards the south ; on this piece of ground, a vicarage housi; shall be
built, in which the vicar for the time being shall reside. Also that if any dispute
shall arise concerning the said land or any part of it, the expenses shall be paid
by the patrons, so that the vicar for the time being may not be deprived of any
part of the said land : also the vicar for the time being shall receive all offerings
and profits aiising from alterage, except the tenth of wool and of lambs and of
kids, every thing else relating to alterage we decree sliall fall to the use of the
vicar absolutely. But the vicar shall at his o^vn expence, provide for the service
of the mother church and its chapels; the repair of the Chancel, the Procurati-
ons and Synodals, and all the ordinary burthens, and the whole remainder, viz.
all the profits proceeding from the above church, shall, as aforesaid, go for the
use of the patrons, saving always the rights of the church of York, and the
dignity of the Archbishop for the time being.

Since a dispute has arisen between the vicar and convent of Lewes, on the
one hand, and Ingolard Turbard, vicar of the church of Halifax, on the other, con-
cerning the tithes of Mills and of calves and mortuaries, in vivis animalibus, in
respect of which the prior and convent assert that tliey have been enonuously in-
jured by the order formerly made at the taxation of the vicarage. We therefore for
the sake of peace and concord, by the consent of Julian de Landonaand Richard
de Meltoua, the Procurators of the prior and convent appointed for this purpose,
and of the aforesaid vicar summoned before us, do appoint and ordain that the
same vicar and liis successors, shall for ever be bound to receive in full the
aforesaid tenths of Mills and calves, and mortuai'ies, but the vicar himself and
his successors shall for ever be bound to pay to the prior and his successors, and
the convent or their attorney, or agent, four pounds and thirteen shillings every
year, at two periods of the year, viz : one half at the feast of St Oswald, and
another half at Easter, &c. &c.

See page 82.

With respect to the changing the church of Halifax from a rectory to a vicar-
age, the following Bull of Pope Alexander is inserted in the register of arch-
bishop Corbrigge, fol. 9.

" Alexander Episcopus, Servus Servorum Dei, dilectis filiis Pi-iori et Con-
ventui Lewicensibus, Cluniacensis Ordinis, Cicestriencis Dioceseos, Salutcm ct
Apostolicara Benedictionem. Cum Ecclesia vestra hospitalitate habeatur con
spicua, et in ea spocialiter vigeat observantia regularis, dignum arbitramur et
decens, ut ipsam donis extollamus specialium gratiarum ; hinc est, quod nos
vestris supplicationibus inclinati, presentium vobis tenore concedimus, ut ce-
dente aut decedente Williclmo, Rectore Ecdesie de Halifax, Ebor. Dyoces. in
qua jus optinetis, ut asseiitis, patronatus, Ecclesiam ipsam, cum pcrtinentiis
suis, in usus vestros perpetuo retinere, ac ipsius corporalem possessionem, per
vos, vel per alium, seu alios, ordinarii, vel cujuscunq. irrcquisito consensu,
ingredi libere valeatis; Vicario ipsius Ecclesic pro sustentationo sua, et ejusdem
Eeclesie oneribus supportandis, congrua portione de ipsius proventibus reservata.
Non obstante, si felicis recordationis J. Papa, predecessor noster, vel nos man-
davimus, sub quacunq. fonna verborum alicui do bcnefieio, aut beneficiis, ad
vestram collationcm seu presentationem spectuntibus provideri, quibus (luoad
assecutionem aliorum beneficiorum pro tempore vacantium, nolumus aucthori-
tate presentium prejudicium generari. Nos e'm' (perhaps etiam, or ctenim) de-
cernimus irritum et inane, si quod contra hujus eoncessionis nostre tenorem a
quocunii. contigerit altemptaii. Nulli ergo omniuo homini liceat banc paginam
nostre concessionis in fringere, vel ei ausu temerario contraire. Si quishocat-
temptare prosuinpscrit, hidigiiationem omnipotentis Dei ct Beatorum Petri et
Pauli Apostdliirum ejus se noverit incursurum. Dat. Viterbii, .... Idus Au-
gust!, Pontificatus nostri anno tertio."

The following also (entered in the same reginler book) was sent to the Abbot

N N 2


of St, Alban's, empowering him to give possession of the church of Halifax to tlie
prior and convent of Lewis.

"Alexander Episcopus, Servus Seiworam Dei, dilecto Alio Abbati Saucti
Albani, Ordinis Sancti Benedicti, Lincolniensis Dioceseos, Salutem et Aposto-
licam Benedictionem. Cum Ecclesia Lewicensis, Cluniacensis Ordinis, Cices-
triensis Dyoceseos, hospital, habeat conspic. et in ea special, vigeat observantia
regiilaris, dignum arbitramur et decens ut ipsam donis extollamus donis speci-
alium gi-atiarum; hinc est quod nos dilectorum filionim Prions etConventusip-
sius Ecclesie supplicationibus inclinati eis per nostras literas duximus conceden-
dum, ut cedente aut decedcnte WUlielmo, Rectore Ecclesie de Halifax, Ebor.
Dioc. in qua iidem Prior et Conventus jus optinent, sicut asserunt, Ecclesiam
ipsam cum pert, suis in usus suos perpetuo retinere, ac ipsius corporalem pos-
sessionem per se vel per alium, sen alios, Ordinarii cujuscunq. alterius iiTequisito
consensu ingrcdi libere valeant, Vicario ipsius Ecclesie pro snstentatione sua, et
ejusdem Ecclesie oneribus supportandis, congnia portione de ipsius proventibus
resei-\'ata. Non obstante, si felicis recordationis J. Papa, predecessor noster,
vel nos mandavimus, sub quacunq. fonna verborum alicui de Beneficio, aut Be-
neficiis, ad ipsorum collationem sen presentationem spectantibus provideri,
quibus quoad assecutionem aliomm beneficiorum pro tempore vacant! um, nolu-
mus aucthorltate literarum nostrarnm prejudicium generari. Nos etiam decer-
nimus imtum et inune si quod contra hujus concessionis nostre tenorem a quo-
cunq. contigerit attemptari. Quocirca discretioni tue per Apostoliea scripta
mandamus, quatenus cedente aut decedente Rectore predicto, eosdem Priorem
et Eonventum, vel Procuratorem suum, eonim nomine in corporalem possessi-
onem ipsius Ecclesie ac pert, ejusdem, per te vel per alium inducas et defendas
inductos, amoto ab ea quolibet illicito detentore, contradictores per censuram
ecclesiasticam apostolice propo'ita compescendo ; non obstante si aliquibus per-
sonis communiter vel divisim a sede apostoliea sit indultum, quod interdici,
suspendi, vel excommunicari non possint per literas dicte sedis, nisi in eis de
indulto hujus et toto ienore ipsius plena et expressa mentlo habeatur, et qualibet
alia indulgentia generali vel speciali per quam effectus presentium impedii-i valeat.
vel differri, et de qua vel cujus toto tenore facienda esset in presentibus mentio
specialis. Dat. Viterbii, . . . . Idus Augusti, Pontificatus nostri anno tertio."
See page 85.
A TERRIER of all the glebe lands, hereditary endowments, &c. belonging
to the vicarage of Halifax in the county and diocese of York, exhibited at the
primary visitation of the Most Reverend Edward, lord archbishop of York,
holdcn at WaJcefield on the 23rd day of June, a. d. 1809.
Halifax is a vicarage endowed. The king is patron.

Imprimis, The vicarage house is of stone, inhabited by the vicar. Then fol-
lows an internal description of the vicarage house.

Item, belonging to the vicarage on the south side, adjoining to the vicarage
house, is one field and a small pleasure ground. One paddock to the West. One
croft to the east. These fields contain about two acres. The track on the other
side of the hedge belongs to the said field.

Item, a field called Hawkin Royd now divided into two portions by upright
flag stones. This field is in the township of Southowram ; to the south abuts on
Halifax old bank, to the north and east on land belonging to the heirs of the
late Robert Parker, esq., to the west on the brook which separates the township
of Halifax and Southowram. This field contains about five acres and a half.

Item, in the tovra of Halifax in Southgate, a field called the vicarage field,
or Shackfield, or Blackledge. This field, by authority of an act of Parliament
passed in the year of our lord 1781, has been leased out by the present vicar
upon building leases for the term of 99 years to twelve separate tenants, each of
whom pays a certain annual rent to the vicar for the time being. These leases
by the aforesaid act are renewable at the pleasure of the vicar. Then follows an
accurate absti-act of such leases.

N. B. The land tax of the \acarage house and the above property has> been


Ifem, an allotment of land called the vicar's park, consisting of seventy-five
acres upon Greetland moor. This allotment is described.

Item, an allotment of land called the Vicar's Penand, and consisting of seven
acres upon Old Linley moor. The allotment is then described.

Tlie allotments were so made to the vicar in lieu of all vicarial and small
tithes whatsoever within EUand-cum-Greetland or Avithin Old Linley.

THE ANCIENT ENDOWMENT of the vicarage of Halifax, as entered
in the church register, consists of the Easter dues, mortuaries, tithes of com
mills and all small tithes save those of wool and lamb, and of all surplice dues
throughout the parish and vicarage. The surplice fees from the parochial chapels
of EUand and Heptonstall have been gratuitously uncalled for by the present
vicar and his two immediate predecessors, though due. (Vide said register.)

N. B. The tithe of Halifax corn mills is a load of malt yearly at Christmas,
and all the corn the vicar uses in his own house, ground toll free.

The vicar of Halifax receives also a portion of the sur^ilice fees from the
church of the Holy Trinity, wliich portion the late archbishop of York ascertained
under the authority of the act of parliament for building the said Trinity church.

Then follows an account of two annuities of forty shillings, one of which was
sold in 1799 and the money appropi-iated as therein mentioned: the other which
was given for eighty years is now extinct.

In Halifax church are a crimson velvet cushion, and hangings for the pulpit
and reading desk, nine bells in good order, a good clock and chimes, two large
flagons, one large salver, two large plates, four less, and cujjs, all silver, weigh-
ing about three hundred and thirty ounces.

Tliere is also a small cup in the vicarage house with this inscription — " the
legacy of Mr. Nathaniel Waterhouse to the ^-icar."

There are not any lands or money in stock for the repair of the church.

The following townships are and have been from time immemorial charged
with the repaii-s of Halifax church and the church yard fence, viz. Halifax, So-
werby, North Owam, Ovenden, Warley, Soutli Owrain, Hipperliolnio, Skircoat,
Shelf, Midgley ; and their respective proportions are enleriHl in a book of accounts
for the said church. These said townships have lately kvelkd and repan-ed the
church-yard of Halifax ; Mr. Wm. Lawrence and Mr! Saml. Hodgson were then
churchwardens. For a further account of this proceeding see the board put up
at the West end of the chm-ch near to the font.

The vicar for the time being always appoints the clerk, sexton, grave-digger,
and verger. Their wages are paid by custom.




Those Churches and Chapels marked thus * were in existence in 1758.



Churches or Chapels. IFhcre Situate. Denominat ion.

*The Parish Church, St. .Tolni's, The Parish Church.

Trinity Church Harrison Lane, Ecclesiastical.

St. James's Church, North Parade, Ditto.

Square Chapel, Church Lane, Independent Dissenters.

Sion Chapel, Wade Street, Ditto Ditto.

*Chapel, Northgate, Unitarian.

♦Chapel, Sotith Parade, Wesleyan Methodist,

Weslev Chapel, Broad Street. Ditto Ditto

Chapel, IVHon Lane. Baptist



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 50 of 52)