Part 24

I give and bequeath the sum of One thousand pounds, three per cent. consolidated Bank annuities, unto the Accountant General, for the time being, of the High Court of Chancery; but to, for, and upon the uses, trusts, intents, and purposes following, that is to say, Upon Trust to permit and suffer the minister and churchwardens of the aforesaid parish of Lowestoft, for the time being for ever, (subject to the control and direction of the said Court of Chancery, in case if any misapplication of the said trusts, Bank annuities, contrary to the true intent and meaning of this my will), to receive and take the interests, dividends, and proceeds of the said one thousand pounds Bank annuities, to and for the following uses (to wit): In the first place thereout to keep, maintain, and support the said vault, tomb and monument herein before by me directed to be erected in Lowestoft churchyard, as aforesaid, not only neat, clean and decent, but in all respects in perfect repair. And in the next place, as to what overplus shall remain of such interest, dividends and proceeds, after keeping the said vault, tomb, and monument in perfect repair, I do empower the said minister and churchwardens, for the time being, to lay out such overplus in the purchase of bread, and to distribute the same, after divine service be finished on a Sunday, to and among such persons in low and indigent-circumstances, of the said parish of Lowestoft, as they shall think fit objects of this charity. But it is my will and meaning, that my nephews, the aforesaid William Bell Barker and Samuel Barker, and after the death of the survivor of them, the persons for the time being for ever, who shall be heirs at law to my said nephews, William Bell Barker and Samuel Barker, shall, from time to time, have and enjoy the privilege of nominating to the minister and churchwardens aforesaid, twelve of such poor persons to receive the benefit of the said charity; and to which twelve poor persons to be nominated as aforesaid, the preference shall be always given, of having the said bread first delivered to them, anything herein before contained to the contrary thereof, in any wise notwithstanding. And it is my will, that all such expenses as at any time may attend the execution of the said trust, shall be first deducted out of the interest, dividends, and proceeds arising from the said one thousand pounds trust Bank annuities. And it is my further will, that if the aforesaid stock, commonly called three per cent. consolidated Bank annuities, shall at any time be paid off; then, and in such case, the produce of the said one thousand pounds stock shall be re-invested in the name of the Accountant General for the time being, on other Government security, to, for, and upon the like uses, trusts, intents, and purposes hereintofore expressed of and concerning the same.

Mr. John Wilde, of Lowestoft, having, by will, dated the 22nd of July, 1735, given several estates to this town, after the decease of Elizabeth Smithson, for the purpose of a school for the education of children belonging to this parish; and the said Elizabeth Smithson (afterwards Perryson) having departed this life the 3rd of December, 1781, the minister and churchwardens, in pursuance of the trust reposed in them by the said will, on the 21st of March, 1788, began to erect a building, for the purpose of a schoolroom, according to the directions of the said will; which building is thirty-six feet in length and twenty-five feet in breadth, and is situated at the bottom of the hill, on the east side of the Stone House which he gave to the parish by the said will; which house stands on the east side of High street, a little to the north of Rant’s score. Under the first stone of this building are deposited several silver and copper coins of his Majesty.

Subjoined is an extract of the Last Will and Testament of JOHN WILDE, of Lowestoft, gentleman, (who died in April, 1738,) bearing date the 22nd of July, 1735:

Also I give and devise unto the town of Lowestoft, for ever, all that my dwelling-house, fish-houses, yards, gardens, and appurtenances whatsoever to the same belonging, in the occupation of the Rev. Shewell. Also I give and devise to the said town of Lowestoft, for ever that all my meadow, in Lowestoft aforesaid, now in the occupation of John Pope. Also I give and devise unto the said town of Lowestoft, for ever, all that my house commonly called Rotterdam, with the yards, gardens, and appurtenances whatever to the same belonging, now in the occupation of James Pottle. Also I give unto the said town of Lowestoft, for ever, all my dole-lands in Lowestoft, together with all my lands, tenements, and hereditaments (if any there be not before by me given and bequeathed in this my will) whatsoever, which I have, at the time of my decease, in the town of Lowestoft aforesaid. Also I give and devise unto the said town of Lowestoft, for ever, the reversion (whenever it shall happen, after the death of the said Elizabeth Smithson) of all my messuages, lands, tenements, hereditaments, and premises, situate, lying, and being in Worlingham aforesaid, now in the tenure or occupation of Nicholas Matcheston, or his assigns, under-tenant, or under-tenants; all which premises, before by me given to the said town of Lowestoft, I give to the uses, intents, and purposes hereafter in this my last will more particularly declared, limited, and appointed. And I do nominate the minister and churchwardens, for the time being, for ever, hereafter to be trustees of all these my bequests to the said town of Lowestoft, strictly charging and commanding them religiously and conscientiously to discharge their trust, hereby by me given to them as they will answer it to Almighty God another day, in seeing the same performed according to the true intent and meaning of this my last will and testament, which now follows. And, first, my mind and will is, that all the same estates before by me given and devised to the said town of Lowestoft, together with the rents and profits thereof, shall be applied for a virtuous and learned schoolmaster, who shall teach forty boys to write and read, and cast accounts; and also shall teach them the Latin tongue. And my mind and will is, that the said schoolmaster shall be chosen by the said minister and churchwardens for the time being, upon every vacancy that shall happen by death, misdemeanour, or misbehaviour of the said schoolmaster. All which I leave to the discretion and management of the said Minister and Churchwardens for the time being, to place, replace, or remove the said schoolmaster as they shall think proper; desiring them they will act impartially in placing or removing the said schoolmaster, and not choose by favour or affection, but having virtue, religion, and merit chiefly in view. And my mind and will further is, that when all the said bequests, before by me given and bequeathed to the said town of Lowestoft, shall become due to the said (then, and not before), the salary of the said schoolmaster shall be forty pounds per annum; which I will be paid half-yearly to the said schoolmaster, upon the feasts of St. Michael, the Archangel, and the annunciation of the blessed Lady Mary the Virgin, by equal portions in every year. And my mind and will is, that until the death of the said Elizabeth Smithson, the profits of the other bequests before by me given and devised to the said town of Lowestoft shall be at their own discretion, so as the same be expended towards the encouraging of learning; and therefore would have it employed, as far as the rents will go, towards educating children in manner aforesaid. And my mind and will further is, and I do hereby give and devise unto the Minister of the said parish of Lowestoft for the time being, for ever, the sum of one pound and one shilling; and unto the clerk of the said parish, for ever, the sum of ten shillings; and unto the sexton of the said parish, for ever, the sum of five shillings. All which said sums of one pound and one shilling, ten shillings, and five shillings, I will shall be paid out of the rents and profits of all the messuages, lands, tenements, hereditaments, and premises, before by me given and devised, in this my will, to the said town of Lowestoft, for the purposes aforesaid. And I bind all the same for the payment thereof. And my mind and will is, that the said several sums shall be paid to the several persons always yearly upon the twenty-third day of December, in every year; but upon this condition, nevertheless, that the minister of the said parish of Lowestoft for the time being, shall always yearly upon the twenty-third day of December in every year, sometime in the forenoon, preach a sermon (except the said day should fall on a Sunday, and then my mind and will is, that the said sermon should be preached on the Monday next following); and his text I desire should be these express words—“Train up a child in the way he should go, and when he is old he will not depart from it.” And my mind and will further is, that the said sermon should chiefly tend upon the great necessity of the good education of children, and the ill consequence that attends the neglect of it. And in case any overplus should arise out of the said several bequests before by me given and devised to the said town of Lowestoft, after the said salary of forty pounds to be paid to the said schoolmaster, in manner aforesaid; and the said several sums of one pound one shilling, ten shillings, and five shillings, to be paid to the several persons above mentioned, be fully paid and satisfied, such overplus, if any should be, or whatever it be, I give and devise the same, for such charitable purposes and uses as the Minister and Churchwardens of Lowestoft aforesaid, for the time being, shall think proper to distribute, so as such overplus, if any there be, or whatever it be, shall be distributed every year.

Will of Mr. John Hayward, of Lowestoft, to whom some of the poor were indebted for weekly donation of bread:

In the name of God, Amen. I, John Hayward, of Lowestoft, in the county of Suffolk, mariner, being of sound and perfect mind and memory, do make and ordain this my last will and testament in manner and form following: First. I commit my soul into the hands of Almighty God, etc., and for settling my goods and temporal estate, I do give and dispose of the same as followeth: I give and bequeath all my messuages or tenements unto Mary, my loving wife, during the time of her natural life. I give and bequeath (after my said wife’s decease) unto my son, Robert Hayward, all my houses, out-houses, fish-houses, lands and appurtenances whatsoever, to hold to him for and during the term of his natural life, and after his decease to the heirs of his body lawfully to be begotten. And for want of such heirs, give all the same lands and premises to and amongst all my daughters that shall then be living. To hold them jointly, and to their heirs for ever, so as, and upon condition, that my said son Robert, or his heirs, or my daughters, or such person or persons as shall enjoy my said messuages, lands, and tenements, shall pay or cause to be paid unto my grandson, Samuel Mariner, the sum of fifty pounds, of lawful money of Great Britain, at the age of one and twenty years. And also shall pay yearly, and every year, into the hands of the churchwardens of the parish of Lowestoft, and their successors, for ever, the sum of two and fifty shillings. The first payment within twelve months next after the decease of my said wife, and so to be received yearly by the churchwardens, and employed and laid out twelve pence weekly, and every week in the year, for fourteen loaves of bread, to be by them given every Sunday, or Lord’s day, throughout the year, for ever, after divine service in the afternoon, at the parish church of Lowestoft aforesaid, to fourteen such poor people as they shall think fit. Which said sums of fifty pounds, payable to my grandson, Samuel Mariner, and two and fifty shillings, given payable yearly for ever, for bread for the poor, my will is, shall be paid out of the estate wherein I now dwell. And I do make all the same estate liable and subject to the payment of the same, as fully and amply as may or can be. And my will is, that the same may so continue for ever. Except such persons as shall enjoy the same, after the payment of the aforesaid fifty pounds to my grandchild, shall give any other security to the churchwardens and trustees of Lowestoft aforesaid, for the continuance of the payment of two and fifty shillings yearly, for ever, as they, the said churchwardens and trustees, shall think fit to accept. {134a}

This is a true copy of the clause of Mr. John Hayward’s will, which was proved at the Bishop of Norwich’s principal office (19th of August 1719), holden in the precinct of the cathedral church of Norwich; where the original will may at any time be seen.

JOHN TANNER,

Vicar of Lowestoft, and one of the executors of the said John Hayward.

* * * * *

A decree, judgment, and orders made sett down by Sir Arthur Heveningham, Sir Miles Corbett, knts., Henry Gawdy, Esq., and Mr. Dr. Sucklinge, doctor in divinity; by virtue of her Majesty’s commission to them and others, out of her Majesty’s High Court of Chancery, under the great seale of England, directed and hereunto annexed, upon a verdict by force of the like commission, to them and others directed by them, the second day of October, in the four and fortieth year of her Majesty’s most gracious and happy reign, taken and returned unto the said Court of Chancery upon the statute made in the High Court of Parliament holden the seven and twentieth day of October, in the three and fortieth year of her Majesty’s reign, intituled an Act to redresse the misemployments of lands, goods, and stocks of money, before the making thereof, given to charitable uses, as followeth:

IMPRIMIS. We do order, adjudge, and decree that the free grammar schoole mentioned in the said verdict shall be and remain a free grammar-schoole, and shall have continuance for ever within the said town of Lowestoft; and the same schoole shall consist of a schoolmaster learn’d in the art and knowledge of grammar, and able to instruct and teach the rules and principles thereof and the Latin tongue, and other things incident, necessary, and belonging to the said art, to be master, tutor, and teacher of the schollars in the said schoole, consisting of forty schollars, and not above, to be taught and instructed within the said schoole.

ITEM. We do order, adjudge, and decree that the house within the said town of Lowestoft, which is now used for the schoole-house for the said master and scholars, {134b}, shall, for ever, hereafter, continue and be the schoolehouse wherein the schoolemaster of the said schoole shall teach and instruct the schollars thereof; and that Stephen Phillips, now schoolemaster of the said schoole, shall remaine schoolemaster thereof; and that he and his successors, and all other schoolmasters of the said schoole, shall, for ever hereafter be called and known by the name of “Mr. Annott, his schoolemaster.” And whensoever, and as often as it shall happen, that the place and roome of the schoolmaster hall become void, we do order adjudge and decree, that the Chancellor for the time being, to the Bishop, for the time being, of the see of Norwich, or sede vacante the guardian of the spiritualities, shall have the nomination and appointment of the schoolemaster of the said schoole within the said town.

We do also order, adjudge, and decree, that the forty schollars of the said schoole shall be of such children as are or shall be borne within the said towne of Lowestoft, if there be or shall be sufficient of such within the said town to supply and fill up the said number of forty. And for want of a number sufficient of them to supply or make up the said number of forty, then that the children of the inhabitants within the said town, albeit the said children be or shall not be born within the said town, to supply and make up the said number of forty. And if these also neither are nor shall not be sufficient to supply and make up the said number of forty, then that the children of the inhabitants within the hundred of Lothingland and Mutford shall be nominated, elected and appointed to supply and make up the said number of forty; the choise and appointment of which schollars shall be to the said Stephen Phillips, now schoolemaster, so long as he shall be schoolemaster there, and to such as from time to time shall supply the roome and place of the said schoolemaster within the said town; so that he do nominate and appoint to the number of forty scholars, and not above; and that he shall not take for the nomination and appointment so by him to be made above the sume of twenty pence for every schoolar within the said schoole.

(Examined by me,)

RICHARD MOSS, Dep. Reg.

Writings of great length concerning this school could at one time be seen at the Episcopal Office at Norwich. Probably the original deed of Mr. Annott, bearing date 10th of June, 1570, for founding the school, the commission, inquisition and verdict, as well as the above decree, are included amongst them. Mr. Annott dying without issue, his heirs at law disputed the legality of the donation, and endeavoured to recover the lands, for it is recorded that in 1591 it cost the town £120 to defend its right to this school; and it was in consequence of this suit that the heirs augmented the annual payment from twenty marks to sixteen pounds.

On the vacancy of a mastership of this school, a person of good character, and a member of the Church of England, is presented to the Chancellor of the Diocese by the Vicar and Churchwardens of Lowestoft for the time being, who appoints and licenses the same.

About the year 1670 (when the old school-house belonging to Annott’s foundation was decayed) a dispute seems to have arisen between this parish and the Allens of Somerly, respecting a design formed by that family of uniting Annott’s school with one founded by Sir Thomas Allen. One Mr. Henry Britten formerly master of the school at Lowestoft, who had been applied to by the town for information concerning this affair, answered as follows:

TO THE TOWNSMEN OF LOWESTOFT,

Whereas I was desired to give an answer to divers things proposed concerning the free grammar-school at Lowestoft, during the time I had to do with it; to which I answer as follows: I was presented to it by Mr. Thomas London, the then patron, in the year 1667, and chosen by the general consent of the town, with the minister’s hand and churchwardens, and generally the whole town; and had also a license from the chancellor of Norwich, with his seal, to receive the profits, and did receive, for divers years, the yearly salary of £16 per annum, paid me by the tenants of the school lands at Burrough. But the tenant being a backward man, was always in arrears, and at last died, and left at least £10 unpaid. Thomas Perry, steward for Mr. Thomas Allen, seized what he had, and I was never paid it. But after that they paid me, and I received it from Sir Thomas himself, at the hall, but most what his steward paid me, but they also kept behind in arrears, but told me I should be paid it, only desired me to forbear awhile, because the tenant had not paid them.

Some while after, old Sir Thomas {136}, erected a school house. When it had been some while built, and stood empty, Mr. Evans petitioned that he might keep a writing school in it, which being granted soon after, Sir Thomas would have me resign, that he might lay the revenues given to the Latin to his school house, designed for English. In refusing to sign, there being about two years in arrears, he told me I should not have one farthing, if I did not resign, and from that time the money was stopped. He desired also to see writings belonging to the school, which he did obtain of some of the townsmen, which he kept, and they could not be found until such time as we came to agreement, which was many years after.

Thus it continued many years unpaid. Sometimes I had promise of payment from Sir Thomas Allen, but he was set off again by some or other. I have had many journeys to Norwich, and applied myself to the Bishop and Chancellor, and had promise of them to do me right, but something or other always happened that it was still unpaid. I had counsel about it, and I was told that I might help myself by the Court of Chancery, if the town would join with me, otherwise they would not assist me. I propounded it and found the town cold, and did not care for stirring in it; so that at last I was forced to agree with them, there being £200 due. With much ado I agreed with them to pay me £100, which I did not receive all, till a year or more after I resigned (in 1696.) Mr. Echard, of Somerleyton, was he that agreed it with me, as Sir Thomas Allen’s agent. They required me to give them bond to quit all claim of the school, and also to give in my license. And, thus, I suppose, I have answered what was desired.

HEN BRITTEN.

Needham Market, Dec. 26, 1701.

An extract of the last Will and Testament of JOHN WILDE, of Lowestoft, bearing date the 3rd of April, 1699, respecting the donation of James Wilde, his father, of twelve loaves of bread to the poor of this parish to be given every Sunday, after divine service, in Lowestoft church. Also his own donation.

ITEM. I give, devise, and bequeath unto my said son John and his heirs, for ever, fifteen pounds, of lawful English money; the interest of which said sum of fifteen pounds, with the rent of the messuage, tenement, and pightle, in the occupation of John Middleton, aforesaid, I will shall be for and towards the payment of twelve loaves of bread, given by my father, Mr. James Wilde, deceased, every Sunday, or Lord’s Day, in the year, for ever, to the poor of Lowestoft aforesaid. And for and towards the payment of six penny loaves more, as aforesaid, being my own bequest, to be distributed as aforesaid, in Lowestoft Church, after divine service in the forenoon, every Sunday for ever. But my mind and will is that it shall be in my said son John’s power to choose whether he will give securities to the feoffees of the town lands and churchwardens of the said tenement and pightle, and the interest of the said fifteen pounds, or assign and set over the said tenement and fifteen pounds unto the said feoffees, to remain for ever to the use aforementioned, the one of which, my mind and will is, shall be performed and done by my said son John and his heirs, for ever.

ANN GIRLING, widow, by will, bearing date 8th of June, 1584, gave certain premises therein mentioned to the poor of Lowestoft, to be given them in firing.