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Leicester.

of pasture in Shilton, called the Great Yeonade, containing by estimation 20 acres, which last close had been anciently inclosed; also another close called the New Inclosed Yeonade, another Alderman Newton's close called Mill Close, a close called Nether Close, and another called the Over Close, all in

Charities,

continued.

Shilton; also a yard-land, and half-yard land, in the common fields of Shilton, and several pieces and parcels of arable land, meadow, and pasture, lying dispersedly in the common open fields of Shilton, and there reputed to be five hall parts or half parts, and all impropriate tithes of corn and grain to be perceived and taken out of any of the messuages, lands, and hereditaments within the town, fields, or precincts of Bushby, in the parish of Thurnby, in the county of Leicester, whereof he was then seized; of an estate of freehold of inheritance in possession or reversion, which said last-mentioned premises in Earl Shilton and Bushby were conveyed, by indentures of 10th and 11th March 1735, to the said Gabriel Newton by Thomas Noble and Thomas Jordan, and Mary his wife; also several pieces and parcels of arable land, meadow, pasture, and common, lying dispersedly in the open fields of Earl Shilton, containing by estimation six acres; also several other pieces of land lying dispersedly in the said open fields, commonly called an hall part, which last-mentioned premises were granted, by indentures of 11th and 12th October 1737, by Thomas Hill and Elizabeth his wife, and Thomas Newton, to the said Gabriel Newton in fee; also a parcel of ground whereon a messuage formerly stood, with the croft or close thereto adjoining, containing by estimation two acres, in Great Stretton, in the county of Leicester; also a close there, containing by estimation 19A. 3R.; a certain way called Leicester Way, going through the said close or part thereof; also another close there, containing by estimation 37A. IR. 32P., adjoining to the said other close; also another close formerly divided into two but then laid into one, containing 21A. IR. 10P.; a lane called Swatherowe-lane, on the south-west part thereof; another close there, containing 4A. 3R.; also several pieces of arable land, meadow, and pasture, containing by estimation 25 acres, lying within the fields of Great Stretton, or Little Stretton, or one of them; all which premises in Great and Little Stretton were, by indentures of 25th and 26th October 1753, conveyed by Johanna Billers to the said Gabriel Newton in fee, to hold the same to the said Nicholas Throseby, the said mayor, and the said bailiffs and burgesses, and their assigns, upon the trusts following, viz.—That they should, out of the rents and profits of the said premises, after deduction of all necessary outgoings for taxes, repairs, and otherwise, yearly pay to the several mayors and chief officers, bailiffs, and burgesses of the several boroughs or corporations for the time being thereafter mentioned, and to the several resident ministers, whether rector, vicar, or curate, churchwardens and overseers of the poor of the several parishes and hamlets thereafter mentioned, the several yearly sums following, viz.

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To be by the said several mayors, bailiffs, and burgesses, and by the said ministers, churchwardens, and overseers respectively, applied and disposed of towards the clothing, schooling, and educating such 25 boys of indigent or necessitous parents of the Established Church of England in each of the said towns, parishes, and hamlet, without regard to any particular parishes in the said boroughs where there are more than one (all the parishes in such boroughs respectively being to receive the benefit thereof), as should, by such mayor or other chief officer, and bailiffs and burgesses, and such ministers, churchwardens, and overseers, be deemed proper objects of such charity, except in the parish of Barwell and hamlet of Earl Shilton, in which places there were to be 20 boys only; and he directed the boys to be chosen none under the age of 7, nor above the age of 14 years, each boy to be allowed annually, or once in 15 or 18 months, as the trustees of each particular place should think proper, a green cloth coat, waistcoat, and breeches, not under 20d. per yard, and a shirt of flaxen cloth not under 13d. a yard, and such stockings, caps, and other apparel, out of the said annual sums as the said Gabriel Newton had usually allowed for some time past; and the residue of each annual sum to be yearly paid to a proper master to be chosen as thereafter mentioned, to teach and instruct such number of boys as before mentioned in each of the said towns, parishes, and hamlets, in reading, writing, and arithmetic, and singing of psalms, and joining the responses during Divine service in the said parish churches and chapels in the said boroughs and parishes where there was only one parish church or chapel, and where there should be more than one in such church or chapel as the said trustees should think proper, the master and boys to be nominated by the mayor, bailiffs, and burgesses in each borough, assembled at their common hall, or the major part of them, and by the resident minister, churchwardens and overseers in each parish or hamlet, or the major part of them, the mayor and resident minister to have in all cases a casting vote when the electors should be equally divided, subject nevertheless to such inspection or visitation as after mentioned. And it was provided and declared to be the meaning of the said Gabriel Newton, that no boy should be admitted to receive the benefit of his donation if their parents should have any assistance from the levies raised for the maintenance of the poor; and that no town, parish, hamlet, or place should receive any benefit from the said donation where the Creed of St. Athanasius used in the rubrick of the Church of England, was not publicly read in the church or place used for Divine service on the days appointed for that purpose, or where the boys should not be permitted to tone the responses. And it was provided that if the minister of any town, parish, hamlet, cr place, enjoying the

benefit of the donation, should neglect or refuse to read the Creed of St. Athanasius, as directed

Leicester.

by the rubrick, or if the boys should not be permitted to tone the responses, then as often as

it should so happen it should be lawful for the mayor, bailiffs, and burgesses of the borough Alderman Newton's

Charities,

continued.

of Leicester, assembled in their common hall, or the major part of the members then present, to take away the benefit of the said donation from such non-comforming town or place, and pay the money usually paid to such town or place, for the benefit of the like number of boys, in any other place in the same county that the said non-conforming place should be situated in, or in any other town not enjoying the benefit thereof for the time being, under the regulations aforesaid, as the said mayor, &c., of Leicester should think fit, with an exception that if the said creed should at any time be abolished by law out of and not used in the Church of England (which abolition, in the opinion of the said Gabriel Newton, would be a greater blow to the church and state than taking off the head of the royal martyr King Charles the First), then the omitting reading the said creed should not be deemed a forfeiture of the said donation. And the said mayor, bailiffs, and burgesses of Leicester, assembled at their common hall, were thereby appointed the proper judges whether the said creed should be, or for the time being had been, properly read or not, or whether the said toning of the responses had or had not been used so as to entitle any town or place to enjoy, or subject them to be deprived of, the benefit of the said donation; and the said Gabriel Newton authorized and empowered the said mayor, &c., or the major part of them, assembled at their common hall, as often as they should think fit, to appoint one or more persons as steward, treasurer, or secretary, to receive the rents and keep the accounts of the said charity. And also by such steward, treasurer, or secretary, to visit the several towns and places receiving the benefit of the said donation, and inspect the accounts of the trustees appointed for the disposition thereof, and regulate the application of the same according to the true intent of the said indenture. Also to allow all necessary charges and expenses of such visitation, and such yearly stipend or salary for the trouble of the said steward, treasurer, or secretary, as the said mayor, &c., of Leicester, or the major part of them, assembled as aforesaid, should think proper, such stewards, treasurers, or secretaries rendering an account of their actings and doings, and of the monies received and paid by them on account of the said charities, with full power for the said mayor, &c,, assembled as aforesaid, to remove such stewards, &c., and appoint others as often as they should think fit. And it was provided that in case the funds should not be sufficient to pay the several sums before mentioned, it should be lawful for the said mayor, &c., assembled as aforesaid, to lessen the number of towns or places as they should think fit; or if the funds should increase, to add to the number of town or places as they should think proper for the like purposes, under and subject to the like restrictions and regulations; and a power was given to the said mayor, bailiffs, and burgesses, to remove the charity from any town or place where the same should be abused, or the regulations not complied with, or for any other just and reasonable cause, and dispose of the same for the benefit of any other town or place as they should think fit.

By indenture of bargain and sale, dated 27th August 1761, and enrolled in Chancery 3d November following, between the said Gabriel Newton of the one part, and John Westley, mayor, and the bailiffs and burgesses of Leicester, of the other part, the said Gabriel Newton, stating his objects and intention to the same effect as in the former deed, granted to the said John Westley, and to the said bailiffs and burgesses, and their successors, a messuage in Cadeby, otherwise Cateby, in the county of Leicester; also a close called Sutton's Close, then divided into three or more, containing 15 acres or thereabouts, in Cadeby; also another close called the Cow Close, containing 12 acres or thereabouts; also a close called Lawnt Meadow, containing 5 acres or thereabouts, near a piece of ground called the Hempleck, belonging to the said messuage or tenement on the one part thereof, and to the Cow Closes on the other part; also a close called Nether Close, containing 12 acres; also a close called Meadow Close, and four other closes, also in Cadeby, called the Cow Closes, all which premises were by indentures of lease and release of the 6th and 7th April preceding, conveyed by Robert Goode to the said Gabriel Newton in fee, to hold the same to the said John Westley, mayor, and the bailiffs and burgesses, and their successors, upon the several trusts following, viz.,-after deducting all necessary outgoings for taxes, repairs, &c., to pay yearly to the mayor, bailiffs, and burgesses of the corporation of Northampton 267., clear of all expenses, for the purposes after mentioned; and upon further trust to dispose of the residue of the clear annual rent towards putting out apprentices to learn some handicraft or other trade or business, such poor boys of indigent or necessitous parents of the Established Church of England, inhabitants of any parish in the borough or town of Leicester, as the mayor, bailiffs, and burgesses, or the major part of the members assembled in common hall then present, should be deemed proper objects of the said charity, the number of boys, terms of service, sums to be given, and the masters to be nominated by the said mayor, bailiffs, and burgesses assembled as aforesaid, the mayor to have the casting vote; and it was provided, as in the former indenture, that no boy should receive any benefit from the said donation whose parents received assistance from the levies raised for the use of the poor at the time of such nomination. And it was further declared, that it was the intent of the said Gabriel Newton that the said sum of 267. to be paid to the mayor, &c., of the town of Northampton, was given them upon trust for the clothing, schooling, and educating 25 boys of indigent or necessitous parents of the Established Church of England within the borough of Northampton, without regard to any particular parish there, subject to exactly the same regulations and restrictions declared as to the borough of Bedford and other towns and places mentioned in the former deed, which are all repeated verbatim, with the same power to the corporation of Leicester to appoint stewards, secretaries, or treasurers, to keep the accounts, visit, &c., as before.

The said Gabriel Newton, by Will, dated 21st July 1761, and proved (with a codicil bearing date 2d March 1762) in the Prerogative Court of Canterbury, bequeathed to the Rep. 32-Part V.

C

Leicester.

Alderman Newton's Charities, continued.

mayor, bailiffs, and burgesses of Leicester 3,250%., to be paid out of his personal estate within 12 months after his decease, upon trust to place the same out upon the best land, government, or other good security, with power to call in, remove, and new place out the same as they should think fit, so as the best annual interest might be made thereof, and apply the produce annually towards the clothing, schooling, and educating of 35 boys, or as many more as they should think proper as far as such produce would extend to, of indigent or necessitous parents of the Established Church of England within the town and borough of Leicester, without regard to any particular parish (all the parishes in the same town and borough being considered as if only one parish), as should, by the said mayor, &c., assembled at their common hall, or by the major part of the members of the said body then present, be deemed proper objects of the said charity, no boy to be chosen under 7 or above the age of 14 years inclusive; each boy to have a green cloth coat, waistcoast, and breeches, not under 20d. a yard, and a shirt of flaxen cloth not under 13d. a yard, and such stockings and caps, and other apparel, as testator had usually allowed for some time past to certain boys in the same town; and upon further trust to pay out of the said interest-money such annual sum as they should think fit to an able master, to teach such 35 boys, or more, in reading, writing, and arithmetic, and singing of psalms, and toning the responses in such of the parish churches in the borough of Leicester as the said trustees should think fit, no boy to be admitted whose parents for the time being received relief from the poor's rates; and testator authorized the said mayor, &c.. to elect and appoint one or more persons as steward, treasurer, or secretary, to keep the accounts, to receive the interest, and pay the several appointments, and to pay such steward such yearly stipend or salary as they should think fit, such steward to render an account to the trustees, with power to remove and displace him, and appoint another, as often as they should think fit.

Testator then bequeathed pecuniary legacies to several persons in his will mentioned, and he charged a new-built messuage in his own occupation, and other premises in the occupation of two other persons, with the payment of the same in aid of his personal estate, and he devised the said messuage and premises to Samuel Simpson and two others, their heirs and assigns, in trust, after 12 months from testator's decease to sell and dispose of the same, and apply the money arising by such sale in aid of his personal estate to make up any deficiency in discharge of the legacies charged thereon (except servants' legacies, which were to be paid in six months, and his debts); and if any surplus should remain of the said trust monies, he "bequeathed such surplus to the mayor, bailiffs, and burgesses of the borough of Leicester, their successors and assigns for the time being for ever." And he devised and bequeathed to his wife an annuity of 247. for her life, to be issuing out of the said surplus trust monies, and all the rest and residue of his real and personal estate thereinafter mentioned and devised, and he thereby subjected and charged the same with the payment thereof. And he gave and devised all the rest and residue of his real estate whatsoever and wheresoever not before disposed, as well freehold as copyhold (having surrendered the latter to the use of his Will), unto the said mayor, bailiffs, and burgesses, and their successors and assigns, for ever. Also all the residue of his money, securities, debts, and all other his personal estate and effects whatsoever and wheresoever, after payment of his debts, and the said legacies thereinbefore charged thereon, his funeral expenses and probate, he gave the same and every part thereof, subject as aforesaid with the payment of the said annuity to his wife, unto the mayor, bailiffs, and burgesses of the borough of Leicester, their successors and assigns for ever, upon trust to sell and dispose of such part thereof as was not already in money, securities, or other debts; and he willed that the money arising thereby, together with his money and the money to be received from. his securities, and other debts owing to him, should be paid and applied by the said mayor, bailiffs, and burgesses upon the like trusts as before mentioned with respect to the said sum of 3,2501.

By the codicil to the said Will, bearing date 2d March 1762, reciting that by his Will he had given to the said mayor, &c., 3,250%., to be paid within one year after his death, for the purposes therein mentioned, the said testator otherwise, by his codicil, gave to the said mayor 2,500l., part of the said 3,250%., to be by them applied as directed by his Will, and the remaining part, being 750l., he gave to the said mayor, &c., to be paid within one year after the house he then lived in should be sold according to the directions of his said Will, to be by them applied also to the said last-mentioned uses; and he willed that if the said house should not be sold within the time appointed by his Will, and no resources should occur to supply the said deficiency of 7501. before his wife's decease, that it should be lawful for the said mayor, &c., immediately after her decease, to receive the rents of that part of her jointure rented by Hollier at 497. a-year, and H. Marston, at 181. a-year, therein specified, and interest of money 600l. at four per cent., which he calculated as amounting together to 911. per annum, until the said rents and interest should have supplied the deficiency; and he willed that if the said dwelling-house should be sold for more than 1,000l., that the surplus, or whatever more it should be sold for than 1,000l., should be divided proportionably among the legatees and the charity mentioned in his Will, and in case the house should not be sold for so much as 10007. the deficiency should be deducted from the said legacies and donations; and reciting that John Bruen, one of his trustees, was dead, he thereby appointed alderman Thomas Phipps in his place, and after his wife's decease he gave the lands which paid her jointure to his trustees for ever.

The following extracts are from the report of a committee to whom the common hall had referred the affairs of Gabriel Newton's Charity, and which was made to the mayor, bailiffs, and burgesses in common hall assembled, in 1808.

After reciting the indentures of 15th March 1760, and 27th August 1761, it is stated that it was unnecessary to touch upon the charity school at Leicester, established under Mr. Newton's Will, as that had been finally regulated many years ago, and was quite unconnected with

the other charities which had been under the investigation of the committee; and it is further stated that the funds appropriated by the founder were, by the direction of his Will, to issue out of personal estate, and were not therefore subject to the claims of the heir-at-law, who disputed only the other charities issuing out of land, and secured not by Will but deeds of trust.

That it appeared upon an examination that the funds of the first charity would admit of a great increase in the number of schools, and the unapplied rents of the Cadeby estate formed a large fund for apprenticing children, and that the committee were anxious that the advantages of these charities should be extended.

That they had taken the opinion of counsel whether the corporation might with safety dispose of the surplus rents and profits of the said estates in establishing more schools, and in apprenticing children, and whether they might with propriety establish one more school or schools in Leicester.

That the opinions obtained were favourable to the wishes of the committee, and as the heir was now barred by time from proceeding in ejectment for the recovery of the lands, they proceeded to the discharge of their duty by giving a general statement of the funds and a recommendation as to the appropriation of them.

First, As to the schools.

The committee stated that the annual rents of these estates, which at Mr. Newton's death amounted to 2117. 11s. 11d., had been increased to 5167. The accumulation of surplus rents had purchased 1,3507. Five per Cent, Stock, producing a dividend of 677. 10s., making a total income of 583/. 10s.

That the regular payments amounted then to 231. 13s. 2d., leaving an annual surplus of 3517. 16s. 10d. unappropriated.

That the counsel to whom the former questions had been submitted as to the application of a portion of the surplus rents by establishing one or more schools in Leicester, having been of opinion favourable to such a mode of application, but that it would not be right to exhaust the whole of such surplus rents in Leicester to the exclusion of other places, the committee proceeded to consider what proportion should be appropriated to Leicester, and whether only one or how many schools should be established there, at what other places schools should be established, and what sums should be allowed to each.

The committee then stated their opinion that the five principal market towns in the county, viz., Harborough, Lutterworth, Hinckley, Loughborough, and Melton, presented the most advantageous fields for the extension of the donor's charities, that 261. per annum should be paid to each of those places, being the sum directed to be paid to the other market towns by the donor, and that it might be hoped the inhabitants of those towns would subscribe in aid of those annuities, and the committee suggested to the hall that in case the minister and churchwardens of any of the said market towns should refuse to exert themselves for that purpose, that the bounty should be transferred to some village, and the committee recommended that the remainder of the surplus income should be employed in establishing one more school in Leicester under a good master, and that it would be wise to consolidate the intended school with the one then existing under the care of one master, the mode of education and dress being the same under the trust deed as under the Will, and the committee also recommended that as the then master was too old to engage in conducting the additional school, they recommended that he should have an annuity on his retirement.

Secondly,-As to the Cadeby estate.

The committee stated that this estate, which in Mr. Newton's lifetime was let at 367. a-year, was then let at 1007., and after deducting the annuity of 261. to Northampton, and expenses, there remained 697. for apprenticing, and that this branch of the charity was also possessed of 1,5131. 2s. 11d. Five per Cent, Annuities, purchased at various times with the rents unapp.ied on account of the impending claims of the heir-at-law.

The committee then suggested the propriety of employing the capital accumulated, and not the interest only, in placing out apprentices, and recommended the hall to dispose of one-sixth in every year for six successive years, which, with a premium of 8/. for every apprentice, would, with the surplus rents, place out 36 boys every year for six years. With this latter recommendation the hall did not think fit to comply, and at the next meeting of the hall 15 apprentices only were ordered to be put out from the rents of the Cadeby estate and the dividends of the stock.

July 22d 1808, it was ordered that the then school should be pulled down and rebuilt at an expense of 2507., according to the plans, &c., produced.

January 3d 1809, ordered that offers be made to Harborough, Lutterworth, Hinckley, Loughborough, and Melton, that they should have 261. each towards the establishing of charity schools in those parishes, provided they would comply with the provisions of the donor's trust deed, and the conditions mentioned in the report of the committee; and that a school should be established in Leicester to be consolidated with that already existing under Mr. Newton's Will, and that the total number should consist of 80 children; that the mayor, three aldermen, and six of the common council, should be a special committee to superintend the school in Leicester, under whose care and control the master and scholars should be placed, and also the clothing, and that they should have power to adopt such rules and orders for the regulation of the school as they should think right; that of the six common councilmen two should be the chamberlains for the time being.

It appears from subsequent minutes that offers were made to the five market towns above mentioned, but that Hinckley only at that time accepted the terms.

Offers were made again to Lutterworth in 1813, and to Claybrook, which were then accepted, and Lubbenham was added as a fourth place in 1815; each parish received 267. per

annum.

Leicester.

Alderman Newton's Charities, continued.

Leicester.

In 1826 the Leicester school had 84 boys, and in an advertisement for a master of the school it was stated that the number would be increased to a hundred as soon as the funds would Alderman Newton's admit, and that the salary would be 100%. and a dwelling-house rent free.

Charities, continued.

In March 1828 it was ordered that 16 more boys should be added to the number, making in all 100 boys to be clothed and educated, and that the committee be requested to make preparation for receiving 16 more boys on the establishment, and that they should report to the common hall when the school could receive them, and that the master should devote the whole of his time to the school, and not engage in any other business.

The trustees in 1832 sent a deputation to visit the several schools in the county to which they pay allowances. A report of the visitation, containing a satisfactory account of the state in which they were found, was entered in the hall book.

An account of the several schools will be found in their respective parishes. The boys are taught reading, writing, and accounts, and the church catechism, but are not all clothed annually.

The school at Leicester is a substantial brick building, near the churchyard of St. Nicholas, with a house adjoining, in which the master resides rent free. There is also a garden adjoining, lately purchased for 1407,, with a view of enlarging the school if necessary, but which the master at present is permitted to occupy. There are now 100 boys in this school. The original establishment was 35, and on the settlement of the question of the claim of the heir-at-law the number was increased to 90, and in 1828 to 100.

The boys all attend regularly twice on Sundays at St. George's church, where they have a gallery appropriated to their use. They are all taught singing and chaunting, and reading, writing, and arithmetic on the national system, and the church catechism. They are provided with books and stationery, and each boy has a Bible and Prayer-book given him on leaving

school.

They are all children of parents who belong to the Church of England, inhabitants of Leicester, in indigent circumstances and not receiving parochial relief; they must not be under nine years of age, and be able to read in the Testament. They are allowed to remain three years, and occasionally an additional year is allowed. The master has a salary of 100%. per annum, and there is an allowance of coals and candles for the schoolroom.

Many of these boys are apprenticed from the rents of the Cadeby estate, but the benefit of that charity is not confined exclusively to the boys brought up in this school.

Alderman Read's premium is given annually to one young man from this school on completing his apprenticeship. See p. 15.

The boys are nominated to the school by all the members of the corporation in rotation attending personally at the common hall for the purpose.

Rental and Expenditure.

The following is the statement of the property, the accounts of which are kept under two distinct heads, the first of which comprises the general account, and the second the Cadeby branch of the charity.

First. The general account,

1. A messuage in Earl Shilton, with the yards, gardens, &c., thereto belonging, and containing 1A. 2R. 17P.; also several closes and grounds, containing together 196A., or thereabouts, demised by lease, dated 29th October 1835, to William Wright for 15 years, from 5th April preceding, at the rent of 2787. per annum. This is a fair rent.

There is very little timber on the homestead. There was paid in 1827-8 the sum of 2051. 9s. 3d. for building a barn at Earl Shilton.

2. A close in Earl Shilton, called the Mill Close, and containing 7A. 1R. 16P. and also a close of meadow, containing 4A. OR. 8P., together with the barns and buildings thereon, demised by lease, dated 22nd December 1835, to William Mansfield for 15 years, from 25th March preceding, at a fair rent of 271. per annum. No timber.

3. Thirteen closes in Great Shetton (which were formerly divided into nine closes only), containing together 122A. 3R. 19P., together with part of a lane called Swadborough or Stradborough lane, containing 1A. OR. 18P.; and also a farm-house, with the barns and outbuildings lately erected on the said closes, demised by lease, dated 29th October 1835, to Simeon Morris, for 15 years, from 5th April preceding, at the fair yearly rent of 1351. per

annum.

No timber of any value. In 1832-3 upwards of 6007. was paid for building a farm-house and offices on this farm.

4. Several parcels of inclosed ground, situate in the liberties and territories of Barwell, containing together 54A. 3R. 20P., demised by lease, dated 29th October 1835, to Thomas and William Grewcock for 15 years, from 5th April preceding, at the fair rent of 637. per

annum.

There is some good elm timber on this farm.

All these leases are determinable at the end of the first 7 or 20 years, on giving six months

notice.

5. The tithes of certain lands in the lordship of Bushby, in the parish of Thurnby, paid by the following persons, viz:

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