COUNTY of LANCASTER.

Parish of HAWKSHEAD.

I. The Inquiry in this Parish was heid on the 20th of June 1900.

Hawkshead.

I.

Date of Inquiry.

II.

II. The following is the Report on the Charities of this Parish, dated 15th January Report of 1820, of the Commissioners appointed in pursuance of the Acts 58 Geo. III, c. 91, 1820. and 59 Gec. III, c. 81, to inquire concerning Charities in England and Wales (Vol. 3, page 205). This Report is hereinafter referred to as "The Report of 1820."

PARISH OF HAWKSHEAD.

THE FREE GRAMMAR SCHOOL [see page 11].

Hawkshead.

Edwyn Sandys, Archbishop of York, obtained letters patent from Queen Elizabeth, dated Hawkshead 10th April, in the 27th year of her reign, for the founding of a grammar school at Hawkshead, for Free Gramthe education of youth and boys living there or in the neighbourhood.

By the letters patent the Queen appointed certain persons governors, and incorporated them by the name of " The Governors of the Possessions, Revenues and Goods of the Free Grammar School of Edwyn Archbishop of York," and empowered them to take lands to the value of £.30 per annum ; and authority was given to the said Archbishop during his life, and after his death to his son, Samuel Sandys, to make statutes and ordinances touching all matters relating to the said school; and after the decease of Samuel Sandys, the like authority was given to the governors, with the consent and approbation of the Bishop of Chester for the time being.

On the 1st April 1588, the Archbishop published certain statutes for the management of the school; he thereby directed that a free grammar school should be kept at Hawkshead, in a house which he had then provided for that purpose, and appointed Peter Magson the first master thereof. He vested the appointment of the master in future times in the governors, with the consent of the Bishop of Chester with a lapse after three months to the Bishop of Chester only, and after three months further to the Dean and Chapter of Chester.

He also directed, that the governors should from time to time preserve and maintain the school and school-house, and all other buildings and fences of the same, in good repair, and should see that all the commodities and revenues belonging to the school be employed to such uses as appear in the letters patent.

That the master's salary should be £.20 per annum, and that of the usher £.3 6s. 8d.; but that the said Peter Magson during such time as he should be schoolmaster might be at liberty to occupy a customary tenement, with the lands thereunto belonging, at Hawkshead Church Stile, which he had lately bought, and had assured to the governors for the maintenance of the schoolmaster, usher, and school; and that during such time as he occupied those premises he should only receive from the governors £.13 68. 8d. he paying all dues to the lord and keeping the premises in repair.

That the governors should visit the school at least twice a-year, and should make diligent inquiry whether the schoolmaster, usher and scholars do their duties as becometh them, or not; and as they should find any thing amiss or out of order, they should redress and amend the same presently, or as soon as they conveniently may.

That they should yearly appoint one of themselves to collect the rents and revenues of the school, who should give bond to make a true account when required.

That before any governor should be admitted, he should not only give his consent to the execution of these statutes, but should also be sworn to be true and just towards the school, and to the preservation, government, and faithful sustentation of the same.

That a chest with three keys, should be provided for the keeping of the evidences and writings concerning the school; one key to be kept by the master, the others by the two first-named of the governors and their successors.

He also gave directions as to the hours of keeping school, and other matters of internal regulation.

It appears by a deed poll in the school chest, dated 1587, but which was never executed, that the Archbishop intended to have granted to the governors the customary tenement at Hawkshead, which is mentioned in his statutes, and upon which the school-house stands; and also certain premises at Wakefield and Trumflett in the county of York, and at Kendal in Westmorland.

mar School.

Hawkshead.
Report of

1820.

The Archbishop, however, died before he had executed that conveyance; but his son, Samuel Sandys, by deed dated 10th February 1588, in performance of the intention of his late father, granted to the governors all that customary tenement at Hawkshead Church Stile. And by an indenture of the same date, and fines levied in the Easter term following, he also conveyed to the governors, for Hawkshead the maintenance and sustentation of the free grammar school at Hawkshead "all those his messuages Free Gram- and burgage houses in Wakefield, in the county of York, in two streets there called Kirkgate and mar School Northgate, with their appurtenances, then let at the yearly rent of £.5 2s.; and also all his messuage -continued. and burgage-houses in Kirkby-Kendal and Westmorland in a street there called Fynkell-street,

with all buildings, gardens and appurtenances thereto belonging, then or late in the occupation of Robert Thompson and others, at the annual rent of 53s. 4d and also a messuage, and buildings, with garden, yard, and a decayed meese-stead called Dyke House Fall, in Trumflett and Moseley, two acres of meadow in Armes Holme, and also two acres of meadow in Armes Holme within the township of and parish of Sandal, containing by estimation one acre and one rood; and all his other messuages, lands, tenements, and hereditaments in Trumflett, Bramwythe, Moseley alias the Moss, Armes Holme and Sandal aforesaid." And he covenanted, that the several premises were absolutely discharged from all manner of bargains, sales, gifts, leases, &c.

The property granted by these deeds, forms the whole of the original endowment of the grammar school.

That which is described as lying at Hawkshead Church Stile, is a customary tenement held of the manor of Hawkshead, at the yearly rent of 17s. It consists of a school and school-house, 20 acres of land adjoining thereto, and 15 acres of land, being an antient intake upon the neighbouring moors, all of which are occupied by the master. He also receives in respect of the same property, 12s. the rent of the Sun Inn in Hawkshead, and 5s. the rent of a small piece of garden at a place called Hannakin, in Hawkshead. The latter is a very small piece of ground added to a garden at Hannakin. We could not discover that any lease of it had been granted by the governors, but 5s. has been paid for it for many years, and seems even now to be a fair rent. There is no lease in the school chest of the Sun Inn, but we have been furnished with the abstract of an indenture, dated 24 February 1741, between Robert Robinson, of Hawkshead, of the one part, and Thomas Strickland, of Dalton, gentleman, of the other part; whereby reciting, that the governors of the free grammar school of Hawkshead, had by lease bearing date the 6th day of January 1720, for the considerations therein mentioned, demised unto George Walker, of Hawkshead, innkeeper, all that messuage and dwelling-house, with the appurtenanues, situate, erected, being and adjoining to the east end of the churchyard, within the township of Hawkshead aforesaid, and the barn, stable and smithy unto the said dwelling-house adjoining, and the garden with the appurtenances thereto adjoining, which said dwelling-house, barn, stable and smithy, the said George Walker, with the consent of the said governors and schoolmaster, lately erected at his own proper costs and charges, upon a part of the land and ground that belonged to the customary estate or tenement belonging to the said school, which tenement was of the antient yearly customary rent of 17s. and then in the possession of Joseph Hunter, clerk, schoolmaster of said school, together with all fronts, folds, ways, &c. To hold unto said George Walker, his executors, administrators and assigns, from the date of said indenture unto the full end and term of 99 years thence next ensuing; and after the end and expiration of said 99 years, then for and during the space and unto the full end and term of other 99 years thence next ensuing; and so consequently from the end and expiration of each 99 years, to the full end and term of 1,000 years, by and under payment of the several rents and performances of the several covenants and agreements therein particularly mentioned, as in and by the said indenture, relation being thereto had would more fully appear; and reciting several mesne assignments, it is witnessed that the said Robert Robinson, in whom the aforesaid terms were then vested, and in consideration of £.90, granted and assigned the said premises for the residue of the said terms to Thomas Strickland.

Mrs. Ladyman also transmitted to us an indenture, dated the 17th February, 1801, between John Strickland, of Ulverston, described as the devisee and legatee of Miles Strickland, of Dublin, who was only son and heir of Thomas Strickland, late of Dalton in Lancashire, of the first part, and Thomas Ladyman of Hawkshead, of the other part; reciting, that the said Miles Strickland had by will, dated 7th April 1770, devised to the said John Strickland, all that messuage or dwelling-house, barn, stable, smithy, and other houses and garden, commonly called the Sun Inn in Hawkshead, for the remainder of a term of 99 years, commencing the 6th January 1720; and on the expiration of that term, then for another term of 99 years; and on the expiration of that term, for the further term of 1,000 years, subject to the payment of 12s. yearly to the schoolmaster of Hawkshead grammar school for the time being; It is witnessed, that the said John Strickland, in consideration of £.251, granted the said premises to Thomas Ladyman for the several terms before-mentioned, yielding and paying the yearly rent of 12s. to the said schoolmaster, or to the governors of the said school; and also double the rent or sum of 12s. at the expiration of each term of 99 years.

Mrs. Ladyman, the widow of Thomas Ladyman, to whom this property was assigned by the deed of 1801, is the present tenant.

The value of the premises has been estimated as high as £.30 or £.40 per annum, though the mere ground, if it had not been built upon, would probably not have let for more than the present rent of 12s. Considerable improvements were made by the late tenant Thomas Ladyman. The consideration for the original lease (if such a lease was in fact ever granted), seems to have been the buildings which had been erected by the first lessee, George Walker; but we apprehend that such consideration

would not, in a court of equity, be held sufficient to support the subsequent terms after the expiration Hawkshead. of the first 99 years. It is to be remarked, however, that the husband of the present tenant, as well

as

Report of 1820.

the person from whom he bought it, appear both to have been purchasers of the term for a valuable consideration, though not without notice of the trusts which affected the property.

There is no memorandum or notice of this lease in any of the records of the school; and we have Hawkshead had no proof of such a one having been grante, except from the recitals above mentioned.

Free Gram

The governors have employed their solicitor to make further inquiries into the subject, and to mar School adopt such measures as may appear expedient.

The property in Wakefield, which was granted by the said Samuel Sandys to the governors, consisted of several houses in the streets there cailed Kirkgate and Northgate.

Previous to 1791, they appear to have fallen into a very ruinous and dilapidated condition, so that the repairs became a source of considerable expense to the school.

Under these circumstances, the governors, in 1791, sold them for the sum of £.762. 10s. to Mr. Smallpage, to whom they were at that time let for £.23. 10s. per annum.

In 1793, in consideration of £.548, part of the said £.762. 10s., the governors purchased a customary estate, called Knipefold, situate in the parish of Hawkshead, and held of that manor. It consists of 22 acres of land, a farm-house and cottage, with a peat moss and right of turbary.

This estate was let to Anthony Garnet for the term of seven years from 1813, at £.40 per annum which was considered a very high rent; and in each of the last three years the governors have made an abatement in his rent of £.10, with the consent of the schoolmaster. The present tenant is the widow of Anthony Garnet, who is lately dead.

Fifteen pounds, a further part of the said £.762. 10s. was laid out in 1796 in the purchase of a small slip of land, called Sark Sleeve. It adjoins to the school tenement, and with that is occupied by the schoolmaster. The whole of the land in his occupation, including the two rents of 12s. and 5s. above-mentioned, is estimated at £.70 per annum.

The remainder of the £.762. 10s. as appears by an endorsement on the purchase deed of the Knipefold estate, was laid out in the following manner :—

To the master of the school, for nine months' rent of the houses, due at the time of the payment of the purchase money, and which the purchaser objected to pay, upon the plea of his having, according to custom, always paid his rent a year in advance

For deeds and other expenses of conveyance from the governors to
Mr. Smallpage

For auction duty and other expenses in the purchase of Knipefold
Title deeds, &c. for Sark Sleeve

Improvements on the Knipefold estate, in draining building a barn and repairs

£ s. d.

17 12 6

4 4 0

10 12 4

2 2 0

164 19 2

The only income received from the houses in Fynkell-street in Kendal, consists of certain small sums, which are paid to the schoolmaster by the owners of five tenements there, as ground rents, amounting in the whole to £.188. 5d. They appear never to have varied for a great number of years, though it is supposed that formerly they amounted to more.

We cannot in any way account for these payments. It seems, by reference to the deed of 1588, that the grantor intended to convey the houses themselves free and discharged from all manner of grants or leases, and the rents which were then reserved amounted to more than the present payments.

There is in the school chest an indenture, dated 6th February 1607, whereby the then governors, many of whom had been originally appointed by the letters patent, conveyed to Arthur Dixon in fee, a messuage in Fynkell-street, Kendal, at the yearly rent of 138. 4d. There is no consideration stated. This deed is attested by Peter Magson, the then schoolmaster.

The particular sum of 138. 4d. is not now paid, nor will any combination of any of the present several rents produce that sum.

The great length of time during which these payments have been made, without any variation, would present great difficulties in the recovery of the absolute property in the houses, however clear the words of the grant may appear.

The only remaining property with which the school was endowed is situate in Yorkshire, and is called the Trumflett Estate. It consists of about 40 acres of land, with a house and barn. It was let in 1813 to William Lathom, on lease for 21 years, at the yearly rent of £.45, on the payment of a fine of £.15. It had been let to the same tenant by auction, in 1782, at the same rent, and for the same term, when a fine of £.15 was likewise taken. About the year 1790, the tenant wished to rebuild the house, which was then much out of repair. The governors allowed him to take timber from the estate for that purpose, and agreed, in consideration of his rebuilding the house to remit £.3 a year of his rent during the existence of the then lease, and to grant him at the expiration thereof a new lease at the rent of £.45 This agreement was made with the approbation of the schoolmaster, ard seems to have been a fair one. The estate has been much improved by the present tenant.

The fines appear to have been taken for the purpose of defraying the expenses of letting the estate, as no part of the annual rents is retained by the governors for that purpose.

-continued.

The Rev. Thomas Bowman, the present schoolmaster, is permitted by the governors to receive the whole of this income and to manage the school estates himself; he is however bound to keep the school and all the buildings upon the school estates in repair, and to pay an usher £.50 per

annum.

This payment to the usher was fixed by the governors at a special meeting called for that purpose in December 1808. The proportion which it bears to the salary of the master at the present time is certainly larger than what was directed by the founder, who ordered in his statutes that £.20 should be paid to the master, and £.3 6s. 8d. to the usher; but the governors having found that a smaller income was an inadequate provision for a person of sufficient acquirements for the office, thought it necessary for the benefit and credit of the school, to appoint a person competent to teach the classics, and to insist upon that salary being assigned to him.

The master takes all boys who offer themselves, provided they can read, without making any demand on them. It is customary, however, for those who come from a distance and board in the town, and for the sons of inhabitants of the higher class, to pay two guineas for entrance, and a further sum, varying from one to three guineas, at Shrovetide, which is called a cock penny; but these are considered as gratuities and are never demanded; they are rarely paid by any of the parishioners, except by those who are in sufficient circumstances. There are now about 40 boys in this school; half of them are inhabitants of Hawkshead, the others come from a distance and board in the town; the master takes no boarders himself. The scholars are instructed in English and in the classics gratuitously; if they learn writing and accounts (which is left entirely to the option of their parents) the writing-master is paid for such instruction. Several scholars have been sent from this school to the universities, and there are at the present time some who are intended to go there.

The governors, at the time of their several appointments, take an oath for the due performance of the trust reposed in them, according to the statutes of the founder. They meet in April every year, when they inspect the school and the state of the buildings, and make such orders and regulations as they find necessary.

Hawkshead Free Grammar School Library.

D. Rawlin

son's Gift.

Bequest of
Rev. Thos.
Sandys.

THE FREE GRAMMAR SCHOOL LIBRARY.

DANIEL RAWLINSON'S GIFT [see page 22].

Daniel Rawlinson, by indenture dated 21st June 1669, gave to Samuel Sandys and other persons therein named, £.100 in trust, that the yearly interest thereof should be paid as follows, (that is to say ;) for the first year, to buy books for the school at Hawkshead, and for a writing-master and for stationery for the said school. For the second year, for the increase of the salary of the schoolmaster. For the third year, for the preaching minister of the parish church of Hawkshead. For the fourth year, two-thirds thereof to be distributed amongst the poor of Grizedale, and one-third amongst the poor of Satterthwaite. For the fifth year, for the putting out apprentices poor men's sons of Grizedale, Satterthwaite, and other places of the said parish, and so from five years to five years successively.

Up to the year 1754, the interest of the said £.100 was distributed according. to the directions of the donor, and several books were purchased for the use of the school.

From the old account book of this charity it appears, that in 1749 this £.100 was lent on bond to Francis Turner, the then writing-master, at four per cent, and that he continued paying the interest thereof up to 1754; it is understood that he then became insolvent, and that the £.100 was lost. Nothing appears to have been recovered from him, nor any payment to have been made in respect of this charity afterwards.

The books that were purchased for the school are all the remains of the gift of Daniel Rawlinson.

BEQUEST OF THE REV. THOMAS SANDYS [see page 22].

The Rev. Thomas Sandys, by will dated 19th August 1717 (see infra) left some books for the use of the school, and directed his executors, out of the interest of £.1,000, the disposal of which he left to them, for five, six or seven years, for certain purposes therein mentioned, to purchase other books for the school in addition to those he had already left.

These books, derived from Thomas Sandys, together with those purchased by Daniel Rawlinson's charity, now amount in the whole to about 250. They are all kept in good order in an upper room of the school and are occasionally used by the master and the scholars.

THE GIFT OF THE REV. WILLIAM WILSON [see page 22].

Hawkshead.

1820. Hawkshead

The Rev. William Wilson, in 1817, gave £.100 to the governors of the school, to be by them Report of placed out on good or sufficient security, and the interest applied in the purchase of such books as the master and minister of Hawkshead should suggest would be most useful, to be deposited in the library, and lent to the scholars at the discretion of the master, or if it should be deemed of more Free Gram. utility, he directed that they might be at liberty to distribute part, or occasionally the whole of the interest, in prizes to the best readers and declaimers in English at the school, and such as should be also distinguished for their classical learning.

The donor gave these directions in a letter dated 2d January 1816, written to William Fell, esq. one of the governors, by which he announced his intention of making such donation on the Candlemas then following.

The sum of £.100 was lent in 1817 to Mr. Whittle, of Waterhead Inn, Coniston, at five per cent.; two years interest was paid in April last, which is deposited in a bank at Kendal.

The governors not having received any interest until last April, have not yet taken any steps to carry this donation into effect, nor have they determined in what manner to dispose of it.

THE BEQUEST OF THE REV. THOMAS SANDYS, AND THE GIFTS OF GEORGE
SATTERTHWAITE AND WILLIAM DENNISON [see page 23].

mar School Library.

Rev. W.

Wilson's

Gift.

The Rev. Thomas Sandys clerk, by will dated 19th August 1717, gave £.800, to be so disposed of Bequest of by the trustees of the free grammar school in Hawkshead, that the yearly interest of it might be Rev. Thos. employed to such uses of the poor children born in that parish and taught in the said school, as Sandys, &c. thereinafter mentioned, and he gave to the said school all his books that had this mark before them Q.

By a codicil to his said will, reciting that he had therein referred to a codicil for more particular directions, about what was given for the use of the poor children to be educated in Hawkshead school, he directed that the interest of the said £.800 should be laid out for maintaining such a number of poor children, and in such proportion, for providing them with necessaries in lodging, diet, clothes and books, as the trustees of the free-school should in their discretion think fit, with liberty for the said trustees to meet and consult with respect to this charity as often as occasion should require, and to expend for their refreshment not exceeding 20s. out of the said interest. And he directed, that in choosing the poor children for this charity, special regard should be had to such as should be orphans, and to those whose parents should live at so great a distance from the school, as not to be able conveniently to give them school learning. And he further directed, that out of the yearly interest provision should be made for teaching the children to write and cast accounts, and for buying them not only school-books, but Bibles, Whole Duties of Man, &c. at or before their leaving off school; and he appointed Miles Sandys and their respective heirs successively, and the vicar of Hawkshead for the time being, the master of the free-school for the time being, and Samuel Sandys, trustees for the well ordering of this charity.

The said Thomas Sandys also by his will gave to Queen's College in Oxford the sum of £.200; and he reserved the interest of the whole which he had given to the school and college, amounting to £.1,000, to be at his executors disposal, for five, six or seven years, for the uses of his will, and for such other uses as might be inserted in a codicil thereafter to be annexed.

By a second codici! to his will, the said Thomas Sandys directed the further uses for which he reserved the interest of the said £. 1,000, mentioned in his will; first, for providing a convenient habitation for the poor children to be educated, as is thereinbefore mentioned, in Hawkshead School, if the making of such a provision should be found practicable; secondly, for adding certain books to those already left to Hawkshead school.

The following benefactions have been given in aid of this foundation :

George Satterthwaite, by will dated 10th September 1731, bequeathed £. 20 to the governors of the grammar-school, and directed that the same should be continued as a stock, to be by them placed out at interest, and that they should apply the interest thereof for and towards the further maintenance and education of the charity boys going to the said school.

And William Dennison gave in his lifetime, in the year 1766, £. 400 for the same purpose.

In 1730, the trustees laid out £. 135 in the purchase of a customary tenement at Gallowbarrow, in the parish of Hawkshead, consisting of a house and some outbuildings, with about two roods of land.

In 1772, they laid out a further sum of £. 130 1s. in the purchase of four or five acres of land in the same parish, called The High.

These two properties are let together to John Walker, as yearly tenant, at £. 1

the trustees paying all rates and taxes; these appear to be fair terms, considerin ening the ard Atki

premises.

' also

nry

༤་

The purchase of Gallowbarrow appears to have been rather improvident; the buildings ow in so ruinous a state, that the trustees have been unable to procure any person to take them upon a repairing lease and considering that expense must eventually fall upon the charity, they have now agreed to sell that tenement for £. 150.

Though some doubts may be entertained as to the power of the trustees, thus to dispose of the trust property, yet it appears, under the circumstances of the case, that it is for the benefit of the charity.