nominated and appointed by the visitor of the said foundation, the like notice in writing, shall be given by the master to the mayor, or in his absence to the said senior alderman, then resident, shall give notice thereof in writing, to the visitor of the said foundation, who shall, by the said mayor or the said senior alderman, be respectfully requested in writing, to fill up such vacancy; and upon the vacancy of the boy appointed from the charity school of the said town of Pontefract, the like notice in writing, shall be given to the trustees of the said charity school, for the time being, or such of them as shall be then in England, and capable of acting in the said trust, of such vacancy, and a request shall be made by the said master, in writing, to them, to fill up the vacancy, with all convenient expedition.

TWELFTHLY, That over and above the aforesaid fees and allowances to the said master, for the instruction of the said boys, elected and chosen to be upon the said foundation, and of such other boys as shall be the sons of inhabitants living and residing within the town of Pontefract and township of Tanshelf; there shall be paid to the master yearly, for each boy, (except for the said boy chosen from the charity school in Pontefract) after the Christmas Holidays, beginning after Christmas next, after each boy's coming to school, two shillings each for the expense of a fire in the said schoolroom, and the further sum of one shilling each, for repairing the school-room and school-house; and the master shall regularly account for, and deposit such monies in the hands of the town clerk of the town of Pontefract, and the same shall be kept by him, as a fund for repairing the said school-room and school-house, and shall be applied for those purposes in such manner as the curators, or the greater part of them, shall at any time direct: But the boy nominated by the trustees of the said charity school in Pontefract, shall pay no part of such expense of fire and repairs, or any other expense of education whatsoever.

THIRTEENTHLY, That all the children during their education in the said school, shall be instructed in the Protestant religion, according to the rites and ceremonies of the church of England, as by law established; and every scholar, unless impeded by bodily indisposition, shall regularly, as well on Sundays as on such other of the days set apart by the church for public worship, as shall be specially directed by the master, resort to the parish church of Pontefract, or some other parish church in the neighbourhood thereof, to be allowed by the master; and there abide orderly and soberly, during the time of common prayer and preaching the sermon.

FOTHERGILL'S DONATION.

F. RUSSEL, Register.

The following is a copy of the memorial of Marmaduke Fothergill's conveyance to archbishop Dawes, of the Friar Wood, for the appointment of a catechist, or lecturer, in Pontefract.

THIS INDENTURE made the third day of January in the third year of the reign of our sovereign lord George, by the grace of God, over Great Britain, France, and Ireland, king, defender of the faith, &c. Anno Domini, 1716, between the Rev. Marmaduke Fothergill, of Pontefract, in the county of York, clerk, of the one part, and the most reverend father in God, sir William Dawes, baronet, lord archbishop of York, primate of England, and metropolitan, of the other part. Witnesseth that the said Marmaduke Fothergill of his own free will, pious and charitable inclination, and for the expressing and declaring his zeal and true affection for the Church of England, as it is now by the law established, and more particularly for the support and maintenance of a catechist as is hereinafter mentioned; and also in consideration of the sum of ten shillings of lawful money of Great Britain to him paid by the said archbishop, and for divers other good causes and considerations, him the said Marmaduke Fothergill thereunto moving, hath granted, bargained and sold, remised and released and confirmed, and by those presents doth grant, bargain and sell, remise and release and confirm unto the said sir W. Dawes, (in his actual possession now being by virtue of one indenture of bargain and sale

to him thereof made by the said Marmaduke Fothergill for one year bearing date the day next before the day of date of these psesents in consideration 57. thercin mentioned and by force of the statute made by transferring uses into possession) and his successors in the see of York, all that close or parcel of pasture ground commonly called or known by the name of Friar Wood, lying and being in Pontefract aforesaid, formerly demised to Thomas and Sarah English deceased, and now or late in the tenure and occupation of Michael Watson or his assigns, and all those messuages, cottages or tenements, and all the several garths and orchards thereunto belonging, with their and every of their appurtenances, situate standing and being in the town or township and parish of Pontefract aforesaid, and one other garth, garden and piece or parcel of ground, lying and being in Pontefract aforesaid, and now or late in the tenure or occupation of John Lund or his assigns, together with all and other singular other lands, tenements and hereditaments whatsoever of him the said Marmaduke Fothergill in Pontefract aforesaid, or within the said parish of Pontefract, belonging to his said Friar Wood. And all the estate, right, title, interest, use, trust, property, reversion, claim, and demand whatsoever of him the said Marmaduke Fothergill, of, in, and to, the said houses, lands, tenements, and premises, and every or any part or parcel thereof, and the reversion or reversions, remainder or remainders, rents, issues and profits of the said premises and of every part or parcel thereof. To have and to hold the said messuages or tenements and cottages, garths, gardens, lands, tenements and premises above-mentioned, with all their rights, members, hereditaments and appurtenances whatsoever, to the said sir William Dawes and his successors in the see of York, to and for the only proper use, benefit, and behoof of him the said Marmaduke Fothergill and Dorothy his now wife for and during their natural lives, and the life of the longer liver of them the said Marmaduke Fothergill and the said Dorothy his wife, and from and immediately after the deaths of them the said Marmaduke Fothergill and Dorothy, and the longer liver of them, then to and for the several uses, limitations and purposes and subject to the conditions and provisoes hereafter mentioned and expressed, limited and declared, of and concerning the same, (that is to say) to and for the use and behoof of his grace the lord archbishop of York, and his successors for ever, in trust that nevertheless all the rents, issues, and profits thereof may halfyearly be paid to, for, and towards the support and maintenance of a catechist in the chapel of St. Giles, within the town of Pontefract aforesaid, or in the parish church of Pontefract when re-builded, whom the said archbishop of York and his successors, from time to time shall

and may alway nominate after the deaths of the said Marmaduke Fothergill and Dorothy his said wife and the longer liver of them, only excepting and rescribing the first nomination of such catechist to the longer liver of them the said Marmaduke Fothergill and Dorothy his wife as shall be expressed in the last will or other writing of such longer liver, provided that the said archbishop and his successors shall and may impose such further obligation of duty as in his wisdom he shall think most reasonable for the said catechist to do and perform in the discharge of his office, and for neglect or omission of such duty by the said catechist the said archbishop and his successors shall and may from time to time proceed against such catechist or catechists by what ecclesiastical censure even to deprivation as he or they in their great wisdom shall think most expedient; and if the said catechist's place shall become void, then the dean and chapter of the said cathedral and metropolitical church of St. Peter at York shall nominate a fit person to be catechist as aforesaid, during the said see vacancy only shall and may impose the like obligation of duty as the said archbishop might or could have done, and for neglect or omission to observe and perform such duty by such catechist, shall and may proceed to like censure as the archbishop could or might have done, provided always and it is the true intent and meaning of the said Marmaduke Fothergill, that the said Friar Wood and the houses, garths, gardens, orchards, lands, tenements and premises and appurtenances shall from time to time be letten and disposed of without any time or foregift at the utmost, and full improved extended yearly rent and income by his grace the lord archbishop of York for the time being, or by the aforesaid dean and chapter during the vacancy of the said see, who in that case only are the trustees but entirely for the benefit and support of the said catechist and whereas the parish of Pontefract aforesaid is too great for the sole discharge of the vicar thereof, therefore the vicar of Pontefract shall not at any time be catechist, neither at the same time shall the catechist be vicar of Pontefract aforesaid, but the respective discharge of their duties shall always be distinct and executed by two different persons. And as this is done in puram et perpetuam Elymosinam as far as lies in him the said Marmaduke Fothergill, provided therefore that if the town or corporation or parish of Pontefract shall in the time of his life (the said Marmaduke Fothergill) at any time or times lay tax, assessment or impost, or suffer to be laid or taxed, assessed or imposed, any parliamentary or other assessment or assessments, tax, or taxes, whatsoever, upon the said Friar Wood, garths, gardens, orchards, lands, tenements and premises, or any other appurtenances whatsoever

thereunto belonging, or upon the owners, 'proprietors, occupiers or tenants thereof, for or by reason of his her or their tenanting, or enjoying the same, every or any part or parts thereof, or any of the appurtenances thereto belonging, that then and in such case, immediately from and after such taxing or assessing, the said Friar-wood, houses, garths, gardens, orchards, lands, tenements, and premises, or any of them or their appurtenances, the gift or disposal of the rents, issues, and profits thereof, and of every part thereof, for and towards the maintenance and the support of the said catechist, shall remain null and absolutely void to all intents, constructions and purposes, as if these presents had never been made, any thing herein contained to the contrary in any wise notwithstanding, and that then and from henceforth the said Mar. Fothergill may sell the said Friar-wood, houses, garths, gardens, orchards, tenements, and premises, with their appurtenances, and convert the money arising by such sale thereof or any part thereof, to such use or uses as he shall think fit, and if he do not sell the same, then the said Friar Wood, houses, garths, gardens, orchards, lands, tenements, and premises, with all their appurtenances, shall be and remain in puram et perpetuam Elemosynam in the respective archbishop of York and his successors for ever, as sole trustees, to employ and bestow the yearly income thereof to be employed as other fabric rent for and towards supporting the fabric of the said cathedral and metropolitical church of the see of York, and dean and chapter of the same, (which God forbid) shall be dissolved, then during such dissolution and dissolutions the inheritance and fee simple of the said Friar Wood, houses, garths, gardens, orchards, lands, tenements, and premises, with all their rents, issues, profits, and appurtenances, shall for such respective time and times be and remain in Trinity Hall, in Cambridge, as trustees, that all the full yearly incomes thereof whatsoever, without any fine or foregift by them to be covenanted for or received, shall be applied by them by way of exhibition to one under graduate of their own college of the sirname of Fothergill, or next in kindred to the said Marmaduke Fothergill, first to be preferred until he shall take his bachelor of laws' degree, which shall be as soon as ever by university statute he is capable of the same, and immediately after this degree taken, another like under-graduate shall be chosen into the same exhibition until in like manner he shall be capable to take the said degree of bachelor of laws, and so respectively, successively and for ever, until the said archbishop and dean and chapter of the said cathedral and metropolitical church of St. Peter in York, be restored, and the archbishop of York for the time being as sole trustee, shall then apply the full yearly incomes, rents, issues, and profits of the said Friar Wood, messuages, cottages, garths,

gardens, orchards, lands, tenements, and premises with their appurtenances as aforesaid, in manner and form above-mentioned either for a gospeller, or in, or towards the support of the fabric of the cathedral and metropolitical church of St. Peter in York.-And the said Marmaduke Fothergill, for himself and his heirs, doth hereby covenant, grant and agree to and with the said sir W. Dawes archbishishop of York and his successors, that he the said M. Fothergill at the time of sealing and executing of these presents, is and standeth lawfully seized of a good estate of inheritance of and in the said Friar Wood, and every part and parcel thereof, and of and in the houses, garths, gardens, orchards, lands, tenements, and premises thereto belonging with their and every of their appurtenances, and hath in himself good right and full power and lawful authority to convey assure and dispose of the same and every part thereof in trust as aforesaid, to and for the several uses and under the several provisions, conditions, restrictions, and limitations abovementioned, for and notwithstanding any former or other act or thing whatsoever by him the said Marmaduke Fothergill or his assigns done or acted to the contrary. IN WITNESS whereof the parties to these presents have interchangeably set their hands and seals the day and year first above written, also a lease for a year, bearing date the second day of January aforesaid, made between the said Marmaduke Fothergill of the one part, and the said sir W. Dawes archbishop of York, of the other part, of the said messuages or tenements, cottages, garths, gardens, orchards, lands, tenements, and premises, which said indenture of lease and release are witnessed by Arthur Gargrave, Nathaniel Staveley, Matthew Wilkinson, John Dickson, and Robert Staveley, gentlemen, all of Pontefract aforesaid.

MAR. FOTHERGILL.

Signed and sealed by the above-named Mar. Fothergill in the presence of us,

M. Wilkinson.

John Dickson.

Nath. Stavely, Junr.

The above memorial was registered at Wakefield, the 9th day of January 1716, at 3 o'clock in the afternoon.

Francis Lindley, Registrar.

Examined by Wm. Lee, Alderman.

Previously to Mr. Fothergill's grant of Friar Wood, a general meeting, held in the Mote-hall, on the 30th June, 1712, during the mayoralty of Michael Waterhouse, esq. agreed and ordained, that should the said lands be granted by Marmaduke Fothergill for the sustenating an afternoon lecturer, the said lands should be immediately