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heard upon what terms it was Mr. Lloyd agreed to resign the
Schooles to Mr. Clarke, or how they came to break off, for I under-
stood it was upon the College not coming to a resolution to defend
their right ; and should he have resigned his fellowship and accepted
of the schools upon terms with your father, upon a contested
nomination, to be contested at his own expense, I should have
thought him much to blame.

" But as the College is now come to a resolution to defend their
right, I hope you will pardon me if I shall think Mr. Lloyd can't in
honour treat with the Corporation (who unjustly endeavoured to
oblige him to resign) on any terms but what are by the privity and
consent of St. John's College.

"And much less if they are only terms offered by Brickdale,
who on a promise Owen has made him to marry his daughter if he
will make him head Schoolmaster, is now making interest with the
Corporation, if he gains his point with Mr. Lloyd, to admit Owen
in his place, in defiance of the College's right of nomination,
thinking the violence of the times a favourable opportunity to
contest the matter with the College should they dispute the power
of the Corporation.

" This was the talk when I was in the country, and, if I am not
misinformed, some friends of Mr. Lloyd made him very generous
offers if he would tamely resign to his enemies : but whether that is
a fact or not the most favourable construction his friends can put
upon his resigning on terms from Brickdale or the Corporation,
without the consent of the College, will be that he is justified to sell
his place for a small consideration to his enemies, to give them a
favourable opportunity of taking the advantage of his resignation
against the College that nominated him.

" For it is certain, if the Corporation thought they could possibly
remove him and place whom they please in his stead, without his
resigning to them, they would never offer him terms ; that made me
give those hints in my letter to Mr. Peugh, and your letter still
further confirms me in the same opinion that I was then, for I find



APPENDIX 457

by the ordinances there is no form of a resignation prescribed.
That being the case it is reasonable to think, as the College, by the
ordinances, has the nomination, that it was understood that the
schoolmasters would have so much regard for the College and the
good of the Schools, as not to make a vacancy by surrendering, till
they have given the College notice to nominate in their roome,
which, I believe was the manner of Mr. Taylor's resigning, and in
my poor opinion, the only justifiable manner of resigning.

"When I wrote to Mr. Peugh I thought the head schoolmaster
was to be admitted by the College, therefore an actual vacancy
before they could do anything ; but since they only nominate, the
only proper method is for them to do it upon their receiving notice
from the schoolmaster that he desires to resign to any person they
shall nominate to be appointed, and admitted by the Corporation,
pursuant to the ordinances, which notice is proper to be expressed
in the body of the nomination from the College, as the cause of
their nomination.

" And should the Corporation upon offering them to resign to a
person so nominated, being duly qualified, refuse to accept of his
resignation, and to admit the person so nominated without showing
any general cause, the College or person so refused may un-
doubtedly bring a mandamus against the Corporation : and I do
verily believe it will be impossible to remove Mr. Lloyd till the
Corporation are forced to admit the persons nominated by the
College.

"And though I never spoke to Mr. Clarke on the terms he
agreed with your father I doubt not but he will readily comply with
them ; yet in case he has quiet possession, which is all that I think
can be expected from him, and will I verily believe be as much to
Mr. Lloyd's advantage as of any terms he can make with Brickdale ;
and certainly it will be much more to his satisfaction than securing
a small sum at the expense of his character and reputation in the
world.

" I beg pardon for thus freely telling you my thoughts, but do
assure you it proceeds from the very great regard and respect I have
both for your father and yourself, and I shall be extremely glad to
hear of this matter being settled to both your satisfaction and
advantage ; being most sincerely

"Your faithful humble Servant,

" C. Kynaston."



458 SHREWSBURY SCHOOL

LETTER FROM MR. CORBET KYNASTON, 1 M.P. FOR

SHREWSBURY, TO THE REV. WILLIAM CLARKE, M.A.,

FELLOW OF ST. JOHN'S COLLEGE, CAMBRIDGE.

" London , June 2gt/i, 1723.

" Sir, Mr. Peugh gave me a great deal of satisfaction in telling
me I might expect an instrument from St. John's College in favour
of you, which is not yet come to my hands, but in answer to
my letter to him I received one from Mr. John Lloyd, wherein he
tells me his father, having treated with the Corporation, thinks
it neither consistant with his word to them or the ordinances to give
[notice] to the College as I hinted, which I suppose Mr. Peugh
showed it to you. But I believe he will alter his opinion when
he considers a resignation to the Corporation, though he has been
too cautious to stipulate with them that he will acquaint the College
of the time of his doing of it, will not prevent its being of ill
consequence to the College, because his resigning to the Corporation
is making an actual vacancy, which is giving them an opportunity
of placing one in the Schools without the nomination of the College,
which the method I propose will prevent.

"And it is very plain the Corporation, or Mr. Brickdale, who
has treated with Mr. Lloyd in their name (without being authorized),
either think they cannot turn him out without his resigning, or
else that his resigning in the manner they desire will be detrimental
to the College's right of nomination.

"For it is certain they who have unjustly persecuted him will
offer him no terms but what they think prejudicial to his interests,
and destructive to the right of the College, which, I dare say,
Mr. Lloyd thinks himself bound in justice and gratitude to
maintaine; therefore I wish he would take better advice than
I am capable of giving before he parts with possession, for then
it is too late to repent.

" And the only reason Mr. Lloyd gives me for his father's treating
with his enemies was your not being willing to performe the terms
upon which he had agreed to resign to you, which I tooke upon me
to tell Mr. Lloyd I did not doubt but you would get perforce,
provided you were in quiet possession, but thought you right in not

1 Corbet Kynaston, Esq., was first elected M.P. for Shrewsbury in 1713.
His last election was on October 9th, 1722. He was subsequently voted
out by the disfranchisement of the Abbey Foregate voters. (OwEN and
BLAKEWAY.)



APPENDIX 459

complying to part with a certainty, to parting [with] a disputed
title to be defended at your own expense ; which is not now the
case if the College is determined to defend their title at their
own expense. I therefore wish for the public good that Mr. Lloyd
and you may yet agree upon terms to prevent your enemies distroy-
ing the Schools, which they will effectually doe if by any means
they can make a vacancy to give one of their own nomination
possession. And while he is in possession they can't destroy the
Schools, neither do I think there is the least doubt of the College
maintaining their right of nomination, or of his continuing in
possession till that is determined, notwithstanding the decree if
he makes a tender to resign to one nominated by the College
pursuant to the ordinances, and if the College is resolved to
maintain their right in my poor opinion they ought to be at the
expense of Mr. Lloyd keeping possession till their right is deter-
mined, if it is not to be allowed him out of the School revenues.

" I am very sensible I have spoken my opinion too freely in
this affair, which I hope both you and Mr. Lloyd will excuse since
I do assure you it [is] proffered from a very great respect I have
for you both, and my desire for the good of the Schools if
Mr. Lloyd does not continue in his place that he may have it
in his power to make you his successor.

" I am your most faithful humble Servant,

"C. Kynaston."



OFFENDED DIGNITY OF THE MAYOR OF
SHREWSBURY IN 1723.

At an Assembly of the Mayor, Aldermen, and Assistants in the
Guildhall 18 Nov., 1783.

The Mayor having represented to this Court that he had, pur-
suant to the direction of the Ordinances of the Free Grammar
School of King Edward VI. in the said town, given notice to the
Master and Fellows of St. John's College, Cambridge, that the
place of third Schoolmaster of the said School was vacant by the
removal of the Rev. Mr. Johnson to the place of 2nd Master,
vacated by the death of the Rev. Mr. Humphries, and that he had
not received any Letter from the said College to signify their
Election for his Nomination and Appointment pursuant to the said
Ordinances, though it was reported that the said Master and Fellows



460 SHREWSBURY SCHOOL

had elected a person to that office ; Ordered, that the Town Clerk
write to the Master and Fellows of the said College to enquire
whether they had made such Election or not ; and if such Election
was made, to signify to the College that they have been wanting
in proper respects to the Mayor in not apprizing and giving him
notice of such Election.



LETTER FROM THE MASTER AND SENIORS OF
ST. JOHN'S COLLEGE.

"Cambridge, 24 Nov., 1783.

Sir, The Master of St. John's College has received the Paper
signed by you, complaining of a Want of Respect to the Mayor
and Corporation of Salop, in not giving them notice of the Election
of a Third Master of Shrewsbury School; and I am directed by
the Society to inform you, that they are much surprised both at the
Ignorance on which the Censure is founded, and at the Insolence
of the manner in which it is conveyed.

"All proper regard was immediately paid to the Mayor's Letter
of Notification, which was laid before the Society very soon after
it came to hand. Understanding from Mr. Atcherley's Letter that
Mr. Matthews would be agreeable to the Mayor and Corporation,
as well as to himself, and having good reason for believing that he
was in all respects a proper person, they determined to elect him.

" The Certificate to the Bishop of Lichfield, and the Instrument
of Appointment were accordingly drawn up, and sealed pursuant
to the forms prescribed, and sent to Mr. Matthews, imagining that
the Mayor would like as well to receive them from him, as by the
post. He will find that the Instrument itself is the proper answer
of the Society to his Letter of Notification, and that they have
done everything that was incumbent on them to do ; and have not
been wanting in any respect due from them to him, or the Coorpora-
tion of Salop.

" I am, Sir,

" Your most obedient Servant,

"Thos. Lambe."



APPENDIX 461



NOTE BY THE REV. B. H. KENNEDY, D.D., ON THE
MEANING OF LIB ERA SCHOLA.

"I say that the person or persons who wrote Edward's charters
could not possibly intend to use the word libera in the sense of
* gratuitous' (i) for the simple and cogent reason, that the adjective
liber never had, at any time, borne, or been used in, such a sense.
All that is said in the charter is, that the school shall have for its
title 'Libera Schola Grammaticalis Regis Edwardi Sexti.' There
is no explanation of any word. Therefore the words must have
been well known and commonly used. 'Grammaticalis' was a
word well known : it could only imply a School for the teaching
of ' Grammatica,' the science of language, one of the ' trivial*
sciences. The meaning of the word libera must have been
at the time equally known and used. What that meaning was
will be the second head of my inquiry. At present I affirm that
it was not ( gratuitous.' This meaning has, I repeat, never belonged
to the word liber : (a) not in classical Latin ; (b) not in post-
classical Latin ; (c) not in mediaeval Latin. For (a) as respects
classical Latin, any competent person may satisfy himself by refer-
ence to the best dictionaries, as those of Facciolati and Scheller.
By reading through the examples of liber and its adverb libere^
and especially by comparing with them the examples of ' gratuitus '
and its adverb ' gratis ' he will find that the two former words are
never used in the sense of the two latter. Liber means 'unre-
strained,' 'uncontrolled,' or 'exempt,' and of course we may add
a word signifying 'expense' or 'payment,' and say that a person
or thing is ' exempt ' from this ; but never will the word liber
be found to describe 'a thing not to be paid for.' Again, (b)
post-classically, we have ample proof in the Latin Vulgate translation
of the Bible (about A.D. 400) that liber does not mean gratuitous.
Let us look at the passages which stand in the English Bible as
follows : Matthew x. 8, ' Freely ye have received ; freely give.'
Romans iii. 34, ' Justified freely.' Rev. xxi. 6, ' I will give of the
water of life freely'; xxii. 17, 'Let him take freely.' Does the
Vulgate give libere in any one of these passages? In none.
What it gives is 'gratis.' And in a concordance of the Vulgate
I find forty-six references to the word libere, in all of which it
means ' unenslaved,' and in none ' gratuitous.' Again, (c] medisevally,
we have for reference the valuable glossary of Ducange and



462 SHREWSBURY SCHOOL

Charpentier, of which I have used both the folio edition and
also Adelung's in octavo. I have likewise consulted Lindenbrog's
Codex Legum, and various other works on the Middle Ages ; but
although the word liber is one of the most frequent occurrence,
I do not find the faintest trace of its ever having been used in the
sense of ' gratuitous,' or in any sense approximating to this. On the
other hand, in the Latin translation of Bingham's Origines Eccles.,
iii. p. 273, I find mention of a canon made at the Council of
Constantinople, ' qui scholas gratuitas in omnibus ecclesiis per villas
et vicos institui jubet.' Here observe that the writer does not say
Scholas liber as ) but 'Scholas gratuitas.' What has been already
said is alone sufficient to prove my point; but I further remark
(2) that the word Liber a in the title of Edward's schools must
have been designed to distinguish them from other existing schools.
But ' gratuitousness ' would have been no distinction ; for of private
school-keeping, as a gainful profession, no trace, I believe, is to be
found in those days, while in the conventual, chapter, and collegiate
schools instruction had always been gratuitous to the poor, and
if others gave it was probably left to their own discretion what to
give. To call the new schools gratuitous was therefore needless.
To the poor student of grammar they were supposed, without any
further intimation, to be gratuitous, and the King and his Council
could not design to exempt the wealthy from the charges of
education. To clinch the matter (3) it is certain that the word
libera was not understood in those days to mean 'gratuitous,'
for when ordinances were made under Elizabeth's sanction for the
regulation of Shrewsbury School a scale of fees was appointed
to be paid by all persons entering the school, from a 'lord's son'
downwards, fees which to us, indeed, appear small in amount, but
which would still be in contravention of the Charter if we suppose
libera to mean 'gratuitous.' Strype tells us that these schools
were erected 'for the education of youth in virtue and godliness,
for further augmenting the Universities, and better provision for the
poor ' and the ordinance above named carried out the last object
by exempting from fee the son of a burgess, if not 'of ability.'

" My second point is, that libera schola in all probability does
mean ' a school free from the jurisdiction of a superior corporation.'
I think I may venture to say that in mediaeval law the word liber
has but one general meaning, namely, non obnoxius, 'not under
subjection.' But as subjection was of many kinds, so of course



APPENDIX 463

was freedom. Thus the libertas Romana was possessed by
churches which were free from all ordinary jurisdiction, and only
subordinate to the see of Rome. The 'Libera Capella ' (Free
Chapel) of St. George at Windsor is (or was lately) free from
ordinary jurisdiction. A freedom of this kind is what the lawyer
or scholar, hearing the phrase libera schola in Edward's days,
would have understood therefrom ; because such was the only
known sense of the word libera. Can it be doubtful, then,
what freedom was implied? Almost all existing schools were
obnoxicz, were attached and subservient to chapters or colleges,
while hundreds, attached and subservient to convents, had been
just abolished together with these. Edward and his Council
desired to restore learning from its ruins, and at the same time
to place it under conditions less dependent on ecclesiastical power.
They, therefore, chartered all their new schools as liberce, exempt
from that jurisdiction to which schools had generally been subject ;
nay, in some instances, as appears from Strype, governors were
appointed by Edward himself. To these solid arguments what is
opposed? Johnson's authority? Not at all. Johnson merely
takes the term 'Free School,' and explains it in the acceptation
which he knew to be usual, and which may be true in the case
of many schools. He does not allude to the phrase libera schola,
and there is no proof that he was even acquainted with it."

NOTE. It should perhaps be pointed out that Mr. A. F. Leach in his English
Schools at the Reformation, pp. 110-114, argues against Dr. Kennedy's contention.
He concludes (p. 1 13) that the term "Free Grammar School " cannot mean " free
from ecclesiastical jurisdiction, for not one of the Free Grammar Schools was
free from the jurisdiction of the Ordinary, whose licence was a necessity until the
last century. It cannot mean that the master or the school was free from every-
one but the Crown, for even in Edward VI. 's foundations, notably Shrewsbury,
the statutes had to be approved by the Bishop, and the master was almost
invariably appointed by the governors or a college or some other person or body
not the Crown."



464



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LIST OF MASTERS FROM 1798 TO 1898



Rev. Samuel Butler, 1 D.D., Fellow of St. John's
College, Cambridge, Head Master.

Rev. William Adams, 2 M.A., Pembroke College,
Oxford, Second Master.

John Jeudwine, 3 M.A., St. John's Coll., Camb.,
Second Master .....

Rev. R. Fizell 4

Mr. McEvoy, 5 Writing and Assistant Master

Rev. Evan Griffith, 6 B.D., St. John's College,
Cambridge .....

Mr. Fitzpatrick, 7 Writing and Assistant Master .



DATE OF
APPOINTMENT.

July, 1798 .
July, 1798 .



DATE OF
RESIGNATION.

June, 1836.
Sept. 2gth, 1 798.



November,
1798.


Died Oct. 22nd,
1835-


1798 (?) .


1 8 10 (?).


1798 (?) .


1814.


January,
1810.


Midsummer,
1820.


1814


Midsummer,
1821.



1816



Charles Woodward Smythe, 8 M.A., Gonville and
Caius College, Cambridge.

Mr. Field, 9 Temporary Master . . . 1818

Charles Smith, 10 B.A., Peterhouse, Cambridge . 1819



Christmas, 1818.

Christmas, 1818.
1821.



1 Mr. Samuel Butler did not take his D.D. degree till 1810.

2 Mr. Adams graduated B.A. in 1783, M.A. in 1785, B.D. and D.D. in 1808. He was the
son of Mr. John Adams, of Shrewsbury, and matriculated at Pembroke May 2oth, 1779, aged



Online LibraryGeorge William FisherAnnals of Shrewsbury School → online text (page 45 of 56)