Hanby Holmes
Reference: D/HH 10 Catalogue Title: Hanby Holmes Area: Catalogue Category: Business and Industry Records (Solicitors) Description: Miscellaneous Activities: Bowes and Romaldkirk Charity
Covering Dates: 1789-1950
Related Information
Catalogue Index
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- Hanby Holmes
- Law Suits (Ref: D/HH 10/8/1-3)
- Attorney General v Cradock (Ref: D/HH 10/8/4-45)
- Schemes of Government (Ref: D/HH 10/8/46-57)
- Headmaster (Ref: D/HH 10/8/57-91)
- Scrafton v Scott (Ref: D/HH 10/8/92-132)
- Scrafton v Scott, correspondence (Ref: D/HH 10/8/133-183)
- Miscellaneous (Ref: D/HH 10/8/184-195)
- Third Deposit(Acc: 1322(D)) (Ref: D/HH 10/8/196-197)
Catalogue Description
The Bowes and Romaldkirk CharityIntroduction
A deal more material relating to the Bowes and Romaldkirk Charity will be found in the Watson collection (D/Wat). The charity was founded under the will (dated 1693) of William Hutchinson, a successful lawyer at Clements Inn, and a native of Teesdale. The trustees named in the will contain, almost inevitably a Hanby and a George Edwards.
The lawsuit Attorney General v Cradock should be seen in the context of the disorderly and litigious nature of Bowes in the early 19th century (many of those involved were also parties to the various Bowes Manor law suits (see D/HH 2/12 above)) with personal disputes and grudges taking shape as legal proceedings. Archdeacon Headlam was the particular target of this proceeding which alleged, in effect, that the exchanges of land between the charity and two of its trustees (Cradock and Headlam), with the intention of forming consolidated land holdings for each of them out of a patchwork of small parcels of ground, had been to the detriment of the Charity. Each side produced land agents and valuers to prove or disprove the point.
In a judgement that was a monument to the lawyer's art it was decreed that the Charity had been a net beneficiary but that there had been some technical infringement of the rules governing sales of land by a charity and that Headlam should be removed as a trustee. New rules were formed for the charity, new trustees appointed, and the exchanges proceeded with (1848) after twelve years of largely pointless and grossly expensive litigation. Unfortunately, the Archdeacon was left to pick up the largest part of the bill.
These papers relate in the main to the relator action Attorney General v Cradock and others. More details will be found in the papers deposited in this Office by Col. W.I. Watson (D/Wat) and in the Headlam-Morley papers at the Department of Palaeography and Diplomatic, Durham University.
Catalogue Contents
Law Suits (Ref: D/HH 10/8/1-3)Ref: D/HH 10/8/1
Copy of the will of William Hutchinson of Clements Inn, Middlesex, Esquire [dated 30 September 1693]. Recites his erection of an almshouse for six poor people and a school for the children of the parish of Bowes. Devises his real estate in Streethead and Romaldkirk to William Fielding [sic] of Startforth, Charles Whitwell of Gilmonby, Henry Bourne of Cotherstone George Edwards of Barnard Castle and others upon trust to be used to maintain the six poor alms people etc. The Rector of Romaldkirk is to act as custodian of the almshouse. The inmates are to be protestants chosen from the townships of Romaldkirk parish (one from Cragg, one from Lartington and Naby, one from Cotherstone, one from Hunderthwaite, Briscoe, Hury or Baldersdale, another from Mickleton, Lenton, Holwick or Lune and the sixth from Romaldkirk). Inmates may be male or female, married or single but may not marry after admittance. No blind or diseased person to be admitted and all to be over 60 years. Drunkards, brawlers, blasphemers, adulterers, fornicators etc. shall be displaced. Recites that the schoolmaster at Bowes receives the profits of Sleightholme farm for a stipend. Devises this with a £5 rent charge out of East and West Annams, Bowes to trustees William Fielding, Michael Wrightson, William Hanbury, Percival Brunskell, Thomas Brunskell, Robert Harrison and William Dixon, Charles Whitell, John Laidman the younger, James Richardson, Lionel Mitchell, Thomas Hanby, John Bailey Kipling and John Allison, George Edwards, Charles Garfoot and John Johnson to pay £10 p.a. to the schoolmaster at Bowes and use the rest of the income to maintain the schoolhouse. The governors are to be substantial men, inhabitants of Bowes and Startforth. Specified method of appointment of schoolmaster, outline of his duties and the syllabus. The children of those inhabitants who have withdrawn from using the corn mill purchased by the testator to be penalised. 50 to 60 scholars to be the normal complement. Those of poor people in the parish of Bowes to be taught free [Copy early 19th Century]
(1 file)
Ref: D/HH 10/8/2State of facts relating to Romaldkirk School, and the situation of Mr. Fryer, the master, arrears of rent-charges due to the charity etc., 1789
(1 paper)
Ref: D/HH 10/8/3Case, with the opinion of Mr. Serjeant Hullock thereupon, concerning election to vacancies in the alms house etc., 24 December 1819
(1 file)
Attorney General v Cradock (Ref: D/HH 10/8/4-45)Ref: D/HH 10/8/4Case, with the opinion of Joseph Addison of The Temple thereupon in Dent v Headlam in the King's Bench, concerning appointment of trustees in 1810 intended exchange of lands, 6 February 1836
(1 file)
Ref: D/HH 10/8/5Circular addressed to the owners and occupiers of land in the parish of Bowes from 'A vigilant Bowesite' concerning Bowes Charities, 16 April 1836
(1 paper, printed)
Ref: D/HH 10/8/6-24The Attorney General at the relation of John Dent, John Allison, Robert Allison, John Laidman and William Rawe, Plaintiffs
Sheldon Cradock, John Headlam, John Sayer, Thomas Harrison and Penelope his wife, Joseph Lambert, William Walton of Bowes, William Walton of Clints, John Highmoor, George Clarkson, George Clarkson the y9unger, John Dent, Thomas Helmer, William Dent, John Penrith, Francis Kipling, George Price, John Bayles and Thomas Binks, Defendants
Copies of bill, answers of the defendants, pleas, interrogatories, brief for the plaintiffs, details of rentals and related papers in Chancery, [Relates to the disputed exchange of lands between the Bowes and Romaldkirk Charity, Cradock and Headlam], 10 October 1836 - 1841
(8 papers, 11 files)
Ref: D/HH 10/8/25Draft bill of costs of relators, 1836 - 26 July 1841
(1 file)
Ref: D/HH 10/8/26-29Miscellaneous notes and queries concerning the charity, n.d. [c.1840]
(4 papers)
Ref: D/HH 10/8/30Letter from Ven. John Headlam,Wycliffe to H.T.M. Witham, Lartington Hall concerning the judgement in Attorney General v Cradock and refuting various interprelations put upon it by persons wishing to malign Headlam, August 1841
(1 paper)
Ref: D/HH 10/8/31Affidavit of Peter Dent of Southflatt, Yorks., farmer as to amount of money due from the charity to Headlam and Cradock for rental of lands at Bowes, 3 March 1842
(1 paper)
Ref: D/HH 10/8/32-33Copy of scheme for the management of the Bowes and Romaldkirk Charity, with order for reference to a Master in Chancery to investigate and order the management of the charity, 14 July 1841 and [19 February] 1845
(1 file, 1 paper)
Ref: D/HH 10/8/345 January 1847
(1) Ven. John Headlam, D.D., of Wycliffe, Yorkshire, Archdeacon of Richmond; Joseph Lambert late of Marrick, Yorks. now of Seaham, clerk; William Walton of Bowes, farmer; George Clarkson the younger of Northside, Bowes, farmer; John Dent of Mickleton, Romaldkirk, farmer; Thomas Helmer of Romaldkirk, gentleman; John Penrith of Springfield Mount, Leeds, Yorks., yeoman; Francis Kipling of Baldersdale, Romaldkirk, farmer; Richard Bink 5 of 7 Castle Street, Falcon Square, Middlesex, gentleman (in whom the Bowes and Romaldkirk Charity estates are vested)
(2) Peter Dent of Southflatt, Bowes and of Barnard Castle, innkeeper and farmer; Richard Jefferson of Lendings, Startforth, Yorks., gentleman; William Dent of Clints, Bowes, farmer; John Lamb of Barnard Castle, gentleman; Penelope Osborne of Hemingford Rectory, St. Ives, Huntingdon; William Walton; George Clarkson; and Joseph Lambert aforesaid (trustees to be appointed for Bowes School)
(3) Robert Hugginson of Romaldkirk, Yorks., Esquire; Joseph Douglas Awde of Lartington, farmer; Edward Walton of Cotherstone, farmer; Richard Reade of Romaldkirk, clerk; Penelope Osborne; John Penrith; Francis Kipling; Thomas Helmer; and John Dent (to be appointed trustees of Romaldkirk Hospital)
(4) Robert Hugginson, Edward Walton of Cotherstone; Joseph Douglas Awde, Peter Dent, William Dent and George Clarkson (to be appointed estate trustees)
Attested copy of conveyance and declaration of trust of the Bowes and Romaldkirk Charity estate pursuant to decree of the Court of Chancery. Recites will of William Hutchinson of Clements Inn, founder of the Bowes and Romaldkirk Charity and the proceedings in Attorney General v Cradock et al in Chancery, with details of new regulations governing the affairs of the charity
(1 file)
Ref: D/HH 10/8/352 June 1848
(1) Peter Dent of Barnard Castle, innkeeper et al (trustees)
(2) The Venerable John Headlam
Articles of agreement exchanging 49 sheepgates upon Gilmonby Moor for 98 acres of land to be fenced off from Gilmonby Moor
(1 paper)
Ref: D/HH 10/8/361848
(1) Joseph Douglas Awde of Lartington, Yorkshire, farmer; Peter Dent of Barnard Castle, innkeeper; William Dent of Clints, Bowes, farmer. and George Clarkson of Northside, Bowes, farmer
(2) The Venerable John Headlam
(3) Margaret Wallis of Bath, widow; Sir William Lawson of Brough Hall, Yorks., Baronet; and John Lamb of Barnard Castle, gentleman (mortgagees)
Draft deed of exchange in pursuance of the provisions of D/HH 10/8/35. Recites details of Attorney General v Cradock
(1 file)
Ref: D/HH 10/8/37Draft affidavit of John Lawson of Barnard Castle4 land valuer detailing the increase in value of the charity's endowments resulting from the exchange, 25 July 1848
(1 file)
Ref: D/HH 10/8/38-39Office copy of report allowing exchange of land and of order confirming it In Chancery, 2 - 8 August 1848
(2 files)
Ref: D/HH 10/8/40Letter from Smithson and Mitton, London to Richard Barnes concerning Attorney General v Cradock and scheme of management for charity, 21 January 1843
(1 paper)
Ref: D/HH 10/8/41-43Correspondence received by Barnes and Kirby, solicitors, Barnard Castle from Archdeacon Headlam, Wycliffe concerning land exchanges, 25 October - 8 November 1847
(3 papers)
Ref: D/HH 10/8/44Draft letter from Barnes and Kirby to London Agents concerning Bowes Free School, 27 September 1848
(1 paper)
Ref: D/HH 10/8/45Bill of costs from Mewburn and Hutchinson to the trustees of the Bowes and Romaldkirk Charity, 5 December 1836 - 19 October 1841
(1 paper)
Schemes of Government (Ref: D/HH 10/8/46-57)Ref: D/HH 10/8/46-50Correspondence received from the Charity Commission, Whitehall concerning the charity and preparation of new scheme of management, 9 November 1875 - 9 January 1877
(5 papers)
Ref: D/HH 10/8/51Regulations for the management of the Bowes and Romaldkirk Charities comprising the substance of the report and scheme confirmed by the Court of Chancery in Attorney General v Cradock and others, 1845
(1 booklet, printed)
Ref: D/HH 10/8/52Charity Commission scheme for the administration of the Bowes and Romaldkirk Charity, 23 October 1877, Reprinted February 1892
(1 booklet, printed)
Ref: D/HH 10/8/53-54Case of the Governors of Emanuel Hospital, Westminster against the scheme of the Endowed Schools Commissioners, with covering letter, 1873
(1 file and 1 paper, printed)
Ref: D/HH 10/8/55Speech by the Rt. Hon. Earl Fortescue in the House of Lords, 28 June 1875
(1 booklet, printed)
Ref: D/HH 10/8/56-57Scheme made by the Minister of Education for the management of Hutchinson's Endowed School, with covering letter from the Ministry explaining some of the provisions, 9 May 1950
(1 paper, typescript and 1 booklet, printed)
Headmaster (Ref: D/HH 10/8/57-91)Ref: D/HH 10/8/57-61Notices calling meetin of the trustees of the charity, 8 April 1871 - 5 August 1875
(3 papers)
Ref: D/HH 10/8/62-64Rough minutes of meetings of the trustees concerning the retirement of the master Mr. William Atkinson and the dismissal of his successor, April 1871 -25 October 1872
(1 file, 2 papers)
Ref: D/HH 10/8/65Rules for Bowes Grammar School, C.B. Wardale, M.A., Head Master, May 1871
(1 paper, printed)
Ref: D/HH 10/8/66Notice concerning fees and ordering of the school issued by the trustees, 10 November 1871
(1 paper, printed)
Ref: D/HH 10/8/67-83Correspondence between Revd. C.B. Wardale, Bowes and J.D. Holmes concerning school business with reports from Wardale to the trustees, refutations by him of allegations concerning mismanagement of the school etc. 24 October 1870 - 14 November 1872
(13 papers, 4 files)
Ref: D/HH 10/8/84Letter from Sarah Edgell Wardale, Trowbridge, Wilts. to the trustees of the school concerning 'childish' charges against her husband, 12 November [1872]
(1 file)
Ref: D/HH 10/8/85Letter from W. Rigg, Grammar School, Kingston on Thames to Revd. C.B. Wardale, 'Bowes always was a difficult place for any clergyman to get on well with the people', 18 November 1872
(1 paper)
Ref: D/HH 10/8/86Letter from William Atkinson to the trustees defending Mr. Preston the assistant master, 20 November 1872
(1 file)
Ref: D/HH 10/8/87-88Rough notes concerning Bowes School matters and Mr. Wardale, 1872
(2 files)
Ref: D/HH 10/8/89Advertisement for master for Bowes Grammar School, 12 December 1874
(1 paper)
Ref: D/HH 10/8/90Copy of testimonials to the Revd. Charles Bradford Wardale, M.A., 30 September 1869
(1 paper)
Ref: D/HH 10/8/91Petition to the trustees to allow £15 p.a. for the day school at Spital, 25 February 1875
(1 paper)
Scrafton v Scott (Ref: D/HH 10/8/92-132)Ref: D/HH 10/8/92-96Mark Scrafton and Thomas Alderson, Joseph Turner, Joseph William Dent, William Dent, Thomas Henry Booth Dent and Adam Dugdale (the Trustees of the Bowes and Romaldkirk Charity), Plaintiffs
Ralph Thackray Scott, Defendant
Statement of claim, case with opinion of counsel Mr. Gawan Taylor thereon, brief on new trial opinion of Cecil Walsh on evidence, brief to counsel for appellant plaintiffs [concerning interference by the defendant to the water rights of the plaintiffs at Stone Bridge Farm.] In the County Court at Barnard Castle and on appeal in the King's Bench Division, October 1911 - July 1912
(5 files)
Ref: D/HH 10/8/97-128Drafts of proofs, minutes of evidence of witnesses in Scrafton v Scott, 1911 - 1912
(24 files, 8 papers)
Ref: D/HH 10/8/129-130Tables of rainfall at Gilmonby and observations on the flow of water at Stone Bridge, 1911
(1 paper, 1 file)
Ref: D/HH 10/8/131Extracts from the minute book of the trustees (15 September 1906 - 1 July 1911), 1911
(1 file)
Ref: D/HH 10/8/132Copy of judge's notes, 13 November 1911
(1 file, typescript)
Scrafton v Scott, correspondence (Ref: D/HH 10/8/133-183)Ref: D/HH 10/8/133-134Copy correspondence between Revd. A.W. Headlam, St. Oswald's Vicarage, Durham and W.H. Ralston, Streatlam Catle concerning land purchase and drainage at Bowes, 22 April 1890 - 27 February 1892
(1 file, 1 paper)
Ref: D/HH 10/8/135-155Copy correspondence of Messrs. Wooler and Wooler, Darlington; H. Gawan Taylor, Darlington, W.H. Ralston, Streatlam Castle; William Porter, Secretary to the Bowes and Romaldkirk Charity; James Sayer, tenant of Lord Strathmore; Adam Dugdale, Gilmonby Hall; J. Hanby Holmes and others concerning water pipe case, December 1910 - July 1912
(12 files, 9 papers)
Ref: D/HH 10/8/156-163Miscellaneous correspondence received by J. Hanby Holmes concerning the Bowes and Romaldkirk Charity and Scrafton v Scott, 7 November 1911 - 10 December 1912
(8 papers)
Ref: D/HH 10/8/164-165Plans of drainage and water pipes, [1911 - 1912]
Scale: 10 feet to 1 inch
(2 plans, 54cm x 52cm, waxed linen)
Ref: D/HH 10/8/166-167Plans of water supply to Stonebridge from Mirekeld, Ernest C. Surtees, architect, Barnard Castle [1911 - 1912]
Scale: 1 to 2500
(2 plans, 37cm x 55cm, waxed linen)
Ref: D/HH 10/8/168-171Draft bills of costs in Scrafton v Scott, with receipts of witnesses and tradesmen for related expenses, July 1911 - December 1912
(3 files, 1 paper)
Ref: D/HH 10/8/172Report of County Court proceedings Scrafton v Scott in the Teesdale Mercury, 15 November 1911
(1 paper, printed)
Ref: D/HH 10/8/173-183Correspondence with H.M. Inspector of Taxes and others, with related accounts and papers, concerning claim by the Bowes and Romaldkirk Charity for an Income Tax refund (including details of income and expenditure 1920 - 1926), 1 January 1928 - 12 June 1929
(9 papers, 2 files)
Miscellaneous (Ref: D/HH 10/8/184-195)Ref: D/HH 10/8/184Case for the opinion of counsel concerning Bowes and Romaldkirk Charity, n.d.
(1 paper)
Ref: D/HH 10/8/185List of trustees of the Bowes and Romaldkirk Charity appointed in 1654 and those appointed in 1775, 'n.d. [c.1800]
(1 paper)
Ref: D/HH 10/8/186Plan of proposed new school, n.d. [c.1840s]
Scale: 1 inch to 1 foot
(1 plan, 42cm x 33cm, ink and water-colour)
Ref: D/HH 10/8/187Specification for new Bowes School, n.d. [c.1840s]
(1 paper)
Ref: D/HH 10/8/188Schedule of deeds (1810 - 1847) relating to the Bowes and Romaldkirk Charity, n.d. [c.1847]
(1 paper)
Ref: D/HH 10/8/189Details of fees charged at Bowes Grammar School, 7 May 1859
(1 paper, printed)
Ref: D/HH 10/8/190Notice to Matthew Atkinson of Quarry Grange to quit lands held of the Bowes and Romaldkirk Charity, 4 April 1877
(1 paper, printed form)
Ref: D/HH 10/8/191Letter from Edward Gibson, Romaldkirk to Henry Maire, Lartington concerning dealings with Hutchinson the solicitor concerning Romaldkirk schoolhouse, 9 July 1796
(1 paper)
Ref: D/HH 10/8/192Letter from Gabriel Fielding, solicitor [then] at Redcar to Henry Witham, Minsteracres, Northumberland concerning latter's acting as trustee of the Free School at Romaldkirk, 26 August 1831
(1 paper)
Ref: D/HH 10/8/193Letter from J. Hanby Holmes, Barnard Castle, solicitor applying to become steward to the Bowes and Romaldkirk Charity in succession to Lionel Dent, deceased, 22 August 1883
(1 paper)
Ref: D/HH 10/8/194Letter from R. Dent, Streatlam Castle to J.H. Holmes offering his support, 1 September 1883
(1 paper)
Ref: D/HH 10/8/195Letter from Henry Bowron (Steward to the Bowes and Romaldkirk Charity) to J.H. Holmes repudiating payment of latter's bill of costs, 1 November 1884
(1 paper)
Third Deposit(Acc: 1322(D)) (Ref: D/HH 10/8/196-197)Ref: D/HH 10/8/1967 October 1889
(1) The Estate Trustees of the Bowes and Romaldkirk Charity
(2) Monsignor Thomas Witham
Agreement for a wayleave through part of Blades Field Farm, Boldron
Rent: 1s. p.a.
(1 paper)
Ref: D/HH 10/8/19721 August 1913
(1) The Estate Trustees of the Bowes and Romaldkirk Charity
(2) D.M. Spence of Lartington Hall, gentleman
Draft agreement for a water wayleave through part of Blades Field Farm, Boldron
Rent: 1s. p.a.
(1 file)