The Maltonian Website - for Malton School
Maltonians document archive - John Estill Solicitor Papers
Draft case as to removal of school to New Malton &c.
for Counsel's opinion (1837?)
A collection of notes pinned to a working draft concerning the situation of the school, and a defence against those objecting to its moveing elsewhere other than Old Malton. It is almost certainly compiled by William Pound, from at least 1837 as that date in mentioned in the notes. Some of the photographs of the documents are quite faint, and shadows and creases hinder transcription of the text, so there is quite a lot of guesswork below.
A school was founded in the year 1547 within the town of Old Malton in the North Riding of the County of York by Robert Holgate Archbishop of York to be called the Free Grammar School of Robert Holgate in Old Malton for the commodity & profit(?) of the "Kings Majesty’s subjects the inhabitants of this his Grace’s realm of England.
The original statutes were promulgated(?) Sect 1st Par 6 of the endowment and was not(?) to be found. The existing copies of the Archbishop of York’s Dean & chapter… & the Master have this said (?) Grammar in the titles, other copies in the hands of the Inhabitants have not; but they recite(?) the Royal(?) licence(?) as to found a Grammar School. In an original endowment deed it is "found … Scholars … perpetuam(?)."
A copy of the statutes is left herewith(?)
The purpose of the foundation is defined in Sect1 & further particularized in Sect. 13.35.
The endowment was liberal & sufficient to carry out the intentions of the founder but by an inclosures Act in 1770 the lessees obtained the lands on payment of a perpetual rent charge which amount only to 1/8th(?) the value of the estate is about 1200£ this proceeding … [fold]
In the year 1837 the Archbishop of York … from the statement of the Master confirmed by the opinion of the Archdeacon of Cleveland that it it would be of benefit to the foundation(?)
By affording more(?) accommodation for boarding pupils & without any objections recommended (?) to him on the part of the inhabitants of Old Malton ??? that the Master(?) should reside(?) that(?) the school in the adjoining parish of Malton within the Borough of Malton & that … inhabitants of Old Malton … the place of teaching the School.
The benefits of … ??? Richardson (appointed master in 1806) confirm those benefits … township of Old Malton
… admitted by all … that a Grammar School at … at is form to the .. of Malton … differences … in that case being … before you by the Archbishop the main points of difference is as to the residence and teaching of the Master in Old Malton & there are others to which your attention … the Master intends(?)
That the founder has … & prescribed …
The final question is … those for that propose by the founder (?) … of teaching only.
The inhabitants say that the … statutes as to beginning … the ??? with all his … in the church yard.
Notes along the side of the document
Sutton Grange Farm (an example) was allotted to the lessee (?) subjects to an annual payment of 32£ per an & the lessee to be liable to all the expenses of enclosure This farm was under(?) let upon lease (still extant) for £50 per an 2 years after the enclosure The would show the school to be entitled at least in ratio of 3 to 5 this farm now lets for 340£ (?) & still pays 32£ to the school. The(?) extract from one of the acts & also from the award will be found in the appendix.
The Master (Kerr) appears, from appeal letters, to have become(?) weak ???, & also his needy circumstances most probably consented(?) to the arrangements for present advantage without contemplating the future(?) inquiries(?) results.
The preamble of the Acts of Parliament shows that no claims of the lessees are acknowledged on the ground of tenant rights. The Master(?) bring the option to renew at the confirmation of any period of 12s. a year
The aforementioned master for the last six(?) years of his life did not teach at all but paid £10 per an to the Parish clerk(?) to keep the school open as his attendant & to teach English Writing & arithmetic to all scholars both boys & girls(?) at the gratuity(?) of 4/6 for reading, 3/6 for writing, and 3/6 for arithmetic upon the … by the Charity … (1822)
The inhabitants of Old Malton upon ??? desire the former Master (Mr Richardson) should keep on taking only scholars in the Old Malton chiefly for the benefit of that same township(?).
Notes pinned on to the draft document
There are six notes pinned to the main document. The first appears to relate to a house for the master. The second questions whether free schooling applies to all in the local towns and villages, or just Old Malton. The third offers some figures for acres and people in local areas - Old and New Malton, Norton, Settrington, Appleton - which make up the Borough of Malton. The fourth is a brief quote. The fifth again refers to the school house and master's house in Old Malton, quoting from a 1785 plaque built into the extension to The Gannock (which was the schoomaster's house) - a picture of which is available on on this site. The sixth and last note returns to the issue of who the scholars are, and how many of them there have been - apparently only 4 in 1822.
Note 1
Such residue being nowhere enjoined in the statutes & now residue is not mentioned among the default (see 27) for which monitions a formal notice from a bishop admonishing a person not to do something are directed to be given
On this point it may be observed That the sister foundations of York & Hemsworth had no house of Residence founded for the master & at York there is not one to this day – The words of the deed of gift are Tomus idiusa libera Schola translation: we take a daily free school
The same benefactor in founding a hospital at Hemsworth directs the Master to reside "a sufficient house and lodging for the Master of the said hospital to dwell in" & a long house for the Brethren. Top ⇑
Note 2
Or, do the words (sec 1) "without taking any stipend or other exaction of the scholars or any of them thither resolved" imply, that the neighbouring Parishes of Norton, Settrington & Appleton, mentioned in (sec 27) have the same privilege again. (sec 16) "to all scholars thither resorting for the same" Top ⇑
Note 3
| Racing(?) | 4000 acres of land | 1296 Inhabitants | |
| New Malton | is a Town | 110 " | 4021 " |
| Norton | " | 3076 " | |
| Settrington | agricultural district | 4300 | 740 |
| Appleton | Hamlet | Do | 600 |
The Village of Old Malton is one mile distant from New Malton
Norton is on the opposite side of the river Derwent adjoining New & Old Malton
Settrington is distant 5½ miles
Appleton is distant 3 miles
The parish of Old Malton, Norton and the town of New Malton comprise the present Borough of Malton Top ⇑
Note 4
"within the Town of Old Malton"
"For the commodity & profit of the King’s Majesty’s subjects church inhabitants of this his Grace’s realm of England" Top ⇑
Note 5
The property of the School has been spoliated robbed, plundered 92£ 10s is the annual payment now received from the Lands
There is no evidence where the school house stood in which the statutes decreed the School to be taught.
A School house & House of residence were built by Rev W Johnston, Master & the house of residence has this inscription – "Gulillmus Johnsonus curavit(?) a scholam juxta positam an. Dom 1785" ( inscribed The full inscription reads GULILLMUS JOHNSONUS, Ludimagisfter, Scholum juxta positam, D 1783, Et hanc Domum, D 1786, Extendem curavi , ie William Johnson, teacher, placed this house next to the school to extend it in 1783-6 on the Gannock extension) " which house of residence the Master has occupied & taught in that School house until the year 1837 Top ⇑
Note 6
Inhabitants of the Parishes of Malton &c have claimed the right of free gratuitous instruction )?) being named(?) in (sec 27). There are also respectable tradesmen resident in Parish who were themselves educated the Grammar School without charge.
The benefits of free tuition instr education appear since the appointment of Mr Richardson to the mastership(?) in 1806 to have been confined to the Parish of Malton, not however without remonstrance & an enquiry was printed in 1834. The Charity commission (1822) report The number of free scholars in 1822(?) was 4 & howe at no period since that time have there been more than 4 from the Parish of Old Malton, this scholars both day pupills & boarding pupils have frequented the school but have been charged for Classical Learning. Top ⇑
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