Contemporary manuscript volume containing documents concerning the legal action brought in the Court of Chancery by Rev. John Cowper and others against Rev. Evan Price, Headmaster, the Free Grammar School of King Edward VI, Berkhamsted, and others.

Author: 
[The Free Grammar School of King Edward VI in Berkhamsted; Philip Yorke, 1st Earl of Hardwicke (1690-1764), Lord Chancellor; Rev. John Cowper (1694-1756); Rev. Evan Price]
Publication details: 
Circa 1755.
£280.00
SKU: 11451

123pp., folio. Paginated. In contemporary brown tooled calf, with two metal clasps, and a metal ring at foot of rear board. Internally good and tight, on aged paper, in worn binding. A fair copy, neatly written out in a mid-eighteenth-century chancery hand, with the body of text on each page bordered by two vertical red lines. The Free Grammar School of King Edward VI in Berkhamsted was founded by John Incent, Dean of St Paul's, in 1541. The two sources of information on this legal action (originally brought by the father of the poet William Cowper and others) are: Nicholas Carlisle, 'A Concise Description of the Endowed Grammar Schools of England and Wales' (London: 1818, pp.532-542); and D. R. Fearon's report on the school in 'Schools Inquiry Commission. Vol. XII. South Midland Division. Special Reports of Assistant Commissioners, and Digests of Information Received.' (London: HMSO, 1868, pp.74-87). Fearon, sets out the position as follows (p.75): 'For the first two centuries of its existence the school was regulated by the founder's directions and the Act of Foundation, and we have little information as to its condition. But it may well be doubted whether during the greater part of this period the school was really fulfilling the founder's intention, inasmuch as at the close of those 200 years an information filed against the school declares that the "said master and usher had, so far from teaching children to the number of 144, that (sic) during any part of the time that they or either of them had been master or usher, they had not taught at any one time above four, though many more children were desirous by their friends and relations to be placed in the said free school." Thus the first two centuries of its life the school lived in obscurity, and probably in inefficiency. The last century and a quarter it has lived in Chancery, where, after a short and abortive effort to get its fate settled by the Charity Commissioners, it still remained at the date of my visit.' Fearon then gives 'a list, possibly not complete, of the numerous decrees, orders, and master's reports in Chancery, relating to the school, during this last century and a quarter'. He begins with Item One, below, then lists Items Eleven, Fifteen and Sixteen, before observing that 'The suit seems now to have been in abeyance until 1813.' He does not refer to the other fifteen items in the volume, the entire contents of which is as follows: ONE (pp.1-18): Lord Chancellor's Decree, 13 July 1744: 'Lord Chancellor | Fryday the thirteenth Day of July in the Eighteenth Year of the Reign of his Majesty King George the Second one thousand seven hundred and forty four | Between his Majesties Attorney General at the Relation of the Reverend John Cowper Doctor in Divinty Rector of Berkhamsted in the County of Hertford William Johnson and John Barnes Church Wardens Thomas Sadler and William Chappell Overseers of the Poor of the same Parish of Berkhamsted Plts The Master and Usher of the ffree School of King Edward the Sixth in Berkhamsted aforesaid and Evan Price Clerk and Thomas Allett Clerk Defts:'. TWO (pp.18-20): 'Master of the Rolls | [21 March 1750] Between His Majesties Attorney General at the Relation of the Rector Church Wardens and Overseers of the Poor of Berkhamstead St. Peter in the County of Hertford Plts. Etce Reverend Evan Price and James Price Master and Usher of the ffree School of King Edward the Sixth in Berkhamstead and the said Evan Price and James Price Defts'. THREE (pp.21-25): 'Lord Chancellor | [29 February 1752] Between His Majestie's Attorney General at the RElation of the Rector Church Wardens and Overseers of Berkhamsted St. Peter in the County of Hertford Plt. Etce Reverend Evan Price and James Price Master and Usher of the ffreeschool in Berkhamsted aforesaid and others Defts.' FOUR (pp.25-29): '5th. ffebruary 1753 | Between His Majesties Attorney General at the Relation of the Rector Church Wardens and Overseers of the Poor of Berkhamsted in the County of Herford Plt. Etce Revd. Evan Price and James Price Clerks Master and Usher of the ffreeschool of King Edward the Sixth in Berkhamsted aforesaid Defts'. FIVE (pp.29-35): First Schedule, 'W: Spicer | The first Schedule to which my Report annexed Refers containing an Account of what the Defendant Evan Price hath Received by and out of the Rents and Profits of the Manors Lands Tenements and Hereditaments belonging to the said ffreeschool and of the money raised by ffines upon Leases thereof'. SIX (pp.35-38): Second Schedule, 'containing an Account of what the Deft. Evan Price hath paid laid out Allowed and Disbursed for Repairs Rates Taxes and other Outgoings for and on Account of the ffreeschool and Lands and Premises thereto belonging and of what is due to the Defts. the Master and Usher of the said ffree school for their stipends to Christmas [1752]'. SEVEN (pp.39-40): Third Schedule, 'containing an Account of the several Sums of money that were due and in Arrears in the Tenants hands at Christmas [1751]'. EIGHT (pp.40-42): Fourth Schedule, 'containing an Estimate or Valuation taken [13 April 1751] of such necessary Repairs as were then wanting to be done to the School house and premises'. NINE (pp.42-43): Fifth Schedule, 'containing an Account of such ffines which had been taken upon several Leases that have beeen granted of several parts of the School Estate in question and pursuant to an Order for that purpose Paid into the Bank of England with the Privity of the Accountant General of this Court'. TEN (pp.43-46): Sixth Schedule, 'containing the Particulars of the Charity Premises in question as well those which it Lett at Back Rents the Rents thereof would amount unto [