THE APPOINTMENT AND TENURE OF MASTERS. We now proceed to consider questions connected with (a) the appointment, (b) the tenure, (c) the remuneration, and (d) the judicial functions of schoolmasters. (a) The Appointment of Masters. We may distinguish between schools in connection with (1) monasteries, (2) collegiate churches, (3) parishes, (4) chantries and gilds. I. Schools in Connection with Monasteries. It is significant that in the monasteries, the position of schoolmaster does not seem to have been definitely recognised. Thus, in the list of the officers and obedientaries of Evesham in the thirteenth century, for example, there is included the prior, sub-prior, third prior, and other “custodes ordinis”; the precentor, sacrist, chamberlain, kitchener, cellarers, infirmarer, almoner, warden of the vineyard and garden, master of the fabric, guest master and pittancer; but there is no mention of a “magister scolarum.” We have not been able to discover any instance of a monk, who was pensioned at the time of the dissolution, and who was described as acting in the capacity of a teacher at that time. Occasionally we come across references to the “master The appointment to the scholastic posts within the monastery would naturally be in the hands of the abbot or prior.[301] There exists evidence that schools for the education of the laity existed in the neighbourhood of most, even if not all, of the greater monasteries. Thus, prior to the thirteenth century, such schools may be traced at Reading, Dunstable, Huntingdon, Bedford, Christchurch (Hants.), Thetford, Derby, Gloucester, Waltham, Bury St. Edmunds, Colchester, Leicester, Cirencester, Lewes, Battle, Arundel, Lancaster, Chesterfield, Bruton, Winchcombe, Malmesbury, and other places in which a monastery is known to have existed. In many of these cases we are able to trace that the appointment of the “magister scolarum” was in the hands of the abbot. Thus the statutes of the Abbey of Bury St. Edmunds state that:— “The collation of the schools of St. Edmunds belongs to the abbot in the same way as the collation of Churches.... The schools indeed in the manor of Mildenhall and of A third class of school (which will be described in a subsequent chapter) in connection with the monasteries was the Almonry School. The appointment of the “grammar master” at these schools was usually in the hands of the almoner of the monastery, but the appointment had to be approved of by the Chancellor or Archdeacon who was acting as the head of the educational administration of the diocese.[303] II. Schools in connection with Collegiate Churches. More definite information is available when we pass to consider the appointments of masters of the schools in connection with collegiate churches. Here, as we have seen, the chancellor (who was previously the schoolmaster) was the responsible head of the education in the diocese. It was his duty to appoint a master of grammar in connection with the cathedral church, and not to allow any other teacher to keep school within the city without his consent.[304] Sometimes the chancellor seems to have taken no steps to make the appointment, possibly because the remuneration of the master came partly out of the benefice of the chancellor. A letter is still extant which was written to the chancellor of York Cathedral in 1344 informing him that unless he took immediate action in making the appointment of a master, he would be liable to punishment.[305] We have not been able to trace any appointments of a song schoolmaster.[307] The procedure would probably be similar except for the fact that the nomination would be in the hands of the precentor instead of the chancellor.[308] In the case of those cathedral churches which were served by monks, there would not, of course, be a “chancellor.” In such cases, the appointment of the “magister scolarum” was made by the bishop. Thus we read of Archbishop Peckham, during a vacancy of the see of Norwich, appointing a master to Norwich School.[309] The first available record of an appointment to the mastership by a bishop of Norwich dates from 1388; after this date the Norwich Chapter Act Book records a continuous stream of such appointments. In Canterbury, which was also a monastic cathedral, the appointment of the schoolmaster was similarly in the hands of the archbishop.[310] III. Schools in connection with Parishes. We have used the term “parish” here to denote those districts which were served by a vicar or rector, and not by a college of clergy. The appointments to the parochial church schools, unless arrangements were made to the Disputes occasionally arose in connection with the exercise of this right of patronage. It would seem as if the chancellor of the diocese,[315] in the case of a secular cathedral, and the “magister scolarum” in the case of a monastic cathedral, claimed the right of making all the schools appointments in their respective dioceses. Records are still available of the action which was taken in various cases to attempt to enforce this claim. We will briefly describe two of these cases, one of which was due to the action taken by the chancellor of a secular collegiate church, the other to the action taken by a “magister scolarum” in a city served by a monastic cathedral. Taking first the case of the chancellor of a secular collegiate church, we note that the prior and convent of St. Catherine’s by Lincoln were the patrons of Newark Church. In 1238 there occurred a vacancy in the school. The patrons of the church took the necessary steps to fill the vacancy. The chancellor of Southwell Minster maintained that the power of nomination was “ex officio” vested in him. Both parties appealed to the pope. The result of the action was, that the power of making the nomination to the school was declared to be the right of the patrons, but that the admission of the Turning next to the claim of the “magister scolarum” in connection with a monastic cathedral we note that the Norwich Chapter Act Book records a similar dispute. The prior and convent of Coxford were the patrons of the church of Rudham by Coxford. On a vacancy in the mastership of the schools occurring in 1240, the patrons proceeded to make the necessary appointment. The “magister scolarum” brought an action in the bishop’s court to prevent this, as he claimed that he possessed an “ex officio” right to make the nomination. The decision of the court was that the power of appointing the master of the school belonged to the patrons of the church. We may note here that the authority who possessed the power of determining disputes relating to patronage of schools does not appear to have been definitely prescribed. In the first of the two cases we have referred to here, the authority of the pope was invoked, in the second, the authority of the bishop, whilst records are available of other cases, in which a writ of prohibition was obtained with the view to the case being heard in the king’s court.[317] IV. Schools established in connection with Chantries, Gilds, etc. In the latter part of the Middle Ages a number of schools were established in this country by means of endowments. These endowments were usually associated with the foundation of gilds or chantries. The special point we are interested in here is that in such cases arrangements were made for the requisite appointments to be effected when the need arose. Thus the ordinances (b) The Tenure of Mastership. We find a difficulty in dealing with the question of the tenure of the masterships of the various schools because of the scarcity of evidence and of its conflicting character. Thus, in the Lincoln Chapter Act Book, there is a record that the dean and chapter in 1327 appointed six masters to as many schools in the diocese.[321] In the following year the same men were reappointed and this reappointment continues year after year until 1335, when notices of the appointments of schoolmasters cease. It would therefore appear as if the custom in the diocese of Lincoln was that the masters were appointed for one year only but that if their character and conduct were considered satisfactory they would be reappointed. In the diocese of York the masters seem to have been appointed for three years. Thus there is a record that at Beverley Collegiate Church, in 1306, the master was appointed to the school for that period[322]; in 1320 there is a record of a similar appointment.[323] It is expressly stated in the note of an appointment made in 1368, that the customary tenure of schools in the diocese of York was three years and that under special circumstances this period might be extended to five years.[324] In course of time the nature of the tenure changes. A further change of tenure took place in 1575 when the master was appointed to hold office “durante beneplacito Decani et Capituli.”[327] In the schools which were founded in the sixteenth century and later it began to be common to draw up statutes and ordinances for the administration of the schools. It was usual in these school statutes to refer to the tenure of the mastership. Thus the statutes of Newark School[328] provide that the master at the time of his admission to his post, should be thus instructed:— “Sjr, ye be chosen to be maister and preceptour of this scoole and to teche chyldern repayring to the same not onely good literature, gramer and other vertuous doctrine but also good maners accordyng to the ordynance of Master Thomas Newark. Wherefore we doe ascertayne you that this ys a perpetual roome of continuance upon your good demeanour and dutie in this scoole.”[329] In making the appointment for life, the founder of Newark School adopted a practice which was different from the common one. Thus William of Wykeham, Waynflete, and Colet, all made the masters of the schools founded by them removeable at will. In fact, Colet arranged that the mastership of St. Paul’s was merely to be renewed from year to year. (c) Remuneration of Masters. We are faced with another difficult question when we proceed to consider the question of the remuneration of It was probably due to this neglect that the council of 1179[331] decreed that a benefice should be bestowed upon a master so as to enable him to teach the “clericos et scholares pauperes” gratis. This decree was repeated in 1200[332] and 1215.[333] It has not been found possible to trace the appointment to sinecure benefices, subject to the condition that the incumbent of such benefice should hold a school, as the record of the appointment would not also record the condition. We may safely assume that this was done in some cases, as the custom even prevails to-day.[334] In course of time, the master of a school derived a certain amount of his remuneration from the fees which he received from his pupils. This originated in a natural custom that pupils should make some voluntary offering to those who taught them. Thus, the enactment of 1200, which decreed that “presbyteri per villas scholas habeant, et gratis parvulos doceant” also practically enacted that voluntary contributions on the part of the relations of the pupils would be permitted. It is not difficult to conceive that this custom of voluntary offering would develop into one of compulsory payment. In some cases, these offerings were regarded as a natural part of the remuneration of the schoolmaster. Thus the ordinances of Hartlebury Grammar School prescribe that “the schoolmaster shall and may have, use and take the profits of all such cock-fights and potations, as are commonly used in schools and such other gifts as shall freely be given them.”[337] In other cases, an effort was made to put an end to the custom. Thus the Coventry Grammar School statutes state that “there shall not be any other or more Potations in any one yeare ... than one yearely.”[338] In addition to these optional payments, certain other payments gradually became recognised which in course of time were known as “entrance money” (because the payment was made when the pupil was admitted to the school), “quarterages” (payments made at the beginning of each term), “breaking up money” (similar payments made at the end of term). These payments did not become common until the sixteenth century—a period which is outside the time with which we are dealing; consequently, it will not be necessary for us to deal more fully with the question The custom of providing an endowment for the support of the school and its master, as distinct from the maintenance of scholars, dates from an early period. The earliest definite instance in this country, which has been so far traced, occurred C. 1190 when Abbot Samson endowed “the schoolmaster who for the time being taught in the town of St. Edmunds” with half the revenues of a rectory.[346] The next available instance is the record at (d) Judicial Functions of Schoolmasters. By the ordinance issued by William the Conqueror, the separation of the civil and the ecclesiastical courts was effected. As a result, it came about that those who were entitled to the “benefit of clergy” claimed that disputes in which they were concerned, should be dealt with in the ecclesiastical courts. Possibly it is by an extension of this principle that it was claimed that cases in which the scholars of a particular school were concerned, should be considered to be under the jurisdiction of the schoolmaster of that school. The evidence available is not sufficient to enable us to decide the extent to which this custom prevailed, but a study of the powers of jurisdiction possessed by the schoolmasters of Salisbury, Cambridge, St. Albans, and Canterbury will assist us to determine its general character. The respective jurisdiction of the Chancellor and the Sub-dean of Salisbury was decided in 1278 when it was provided that the chancellor “ad cuius officium pertinet scolas regere” should deal with all disputed matters (with the exception of questions of immorality) in which his scholars were implicated, whilst the sub-dean was to exercise jurisdiction in all matters in which the priests of the city were concerned.[348] A similar decision was arrived at by the Bishop of Ely in 1276, when he sought to define the respective jurisdiction of the “Magister Glomerie,” the Chancellor of Cambridge University, and the Archdeacon of Ely.[349] The judicial powers of the Master of St. Albans School were The Canterbury schoolmaster possessed considerable powers of jurisdiction in matters in which his scholars were concerned, and there is evidence that some of these schoolmasters did not hesitate to use their powers when necessity arose. John Everard, “Rector scolarum civitatis Cantuariensis” in 1311, in particular, was keen on asserting his authority. The claim, which he maintained that he possessed, was investigated by a special commission of clerics and laymen, who reported in his favour. To prevent him from exercising his authority, an appeal was made to the Court of King’s Bench. The schoolmaster continued vigorously to press the recognition of his powers of jurisdiction and ultimately the authority he claimed was upheld.[351] We cannot generalise from these instances, but it is unquestionable that some schoolmasters possessed special powers of acting in a judicial capacity in cases in which their pupils were involved. |