CHAPTER IX.

REPTON SCHOOL v. GILBERT THACKER.

All Reptonians and visitors to Repton know the two pillars, and low wall

which divide the School yard into two, almost equal, parts. Bigsby and

others believe that the wall is the boundary of the two Manors of Repton.

In the year 1896 I found, in the School muniment chest, among a lot

of musty, fusty documents, deeds, &c., two rolled-up folios, lawyers’

briefs, with interrogations, depositions, &c. On the back of one of the

briefs is a very rough pen and ink sketch-plan of the School buildings,

&c. This has served to identify the various portions occupied by the

School and the Thackers, described in the last chapter, and also gives

the reason why the wall was built. It appears that during the life-time

of Godfrey Thacker, grandson of Gilbert, the destroyer of the Priory,

the “schollers” of Repton School used to annoy him, while working in his

study, by playing too near his house, many rows ensued. These went on

till the days of Godfrey’s son Gilbert: he determined either to put an

end to the annoyances, or to the School, he did not care which, as we

shall see.

In 1652, soon after he succeeded to the estates, he commenced a suit

against the School. Gilbert Thacker, plaintiff, John Jennings, Master of

Etwall Hospital, William Ullock, Headmaster of Repton School, and others,

defendants.

“Plaintiff declared that the defendants the 1st day of December, 1651,

with force and armes the close of the said Gilbert, called the greate or

broade court (the School yard) at Repton did breake and enter and his

grasse there lately growing to the value of one hundred shillings with

their feete walkinge did treade downe and consume to the damage of £40.”

Defendants pleaded not guilty, and produced twelve witnesses, O.R.s and

others, who proved that “the scholemasters used to walke up and downe

the broade court at their pleasures, and the schollers have used to play

there.... That some scholemasters that kept cowes have used to turne

there cowes into the yard. (Mr. Watson stalled them in a room in the

Priory itself!) That Thacker’s father (Godfrey) was a barrister-at-law,

and never questioned it although continually used.”

The matter was settled “out of court,” by the appointment of two

arbitrators, Sir Francis Burdett, Bart., and Sir Samuel Sleigh, Knt.,

(O.R.s), with Gervase Bennett, as referee. They pronounced “theire award

by word of mouth about the yeare 1653.” Thacker was to build a wall

across the Court, beyond which the boys were not allowed to pass. This

he refused to do, so the alleged trespass, and annoyances went on for

another twelve years, when, owing to the conduct of Gilbert, the School

brought an action against him. “The schollers with threats of smites and

blows were affrighted, many of them were assaulted and beaten, many to

avoyd effusion of blood and expenses have absented themselves for a week

together, thro’ fear of arrest, some have withdrawn to other schooles.

If theire hats blew over the “Causey” (the entrance to the School) they

durst not fetch them, if Mr. Thacker was in the way.”

He also employed one Godfrey Kinton, a carpenter, to set up “stoopes

and rayles (post and rails) from the Chancell nooke to the nooke of the

nether School House chinney below the door,” but alas! boys were boys

even then, for we read when “he set up one stoope, and went for more,

before he returned, the stoope was pulled up, and earth thrown into the

hole by the schollers!”

Gilbert also tried in a more offensive way to make the occupants of

the Schoole House “weary of being there.” Down the School yard “uppon

a sudden rush of raine there was usually a water-course through the

Courtyard into Mr. Thacker’s inner court ... and soe under the dogg

kennell to the river.” This course he stopped “with stones and clodds,

and caused the water to run into the School House! twenty-seven or

eight pales-full of water had been ladled out.” When Mr. Ullock (the

Headmaster) complained, and requested that the stones and clods might be

taken away, he was bidden “to take them away himself if he durst, this

the schollers did more than once.”

Mrs. Ullock came in for a share of the “smites and blows.” For, we read,

“one day Gilbert Thacker furiously assaulted Mrs. Ullock as she stood

at her own door, and flung her into the house, followed her and strucke

her.” His wife joined in the fray, “she strucke Mrs. Ullock, and tore her

own gorgett upon a neale.”... “Ann Heyne, being by, interceded for her

mistress, whereupon Gilbert strucke her and felled her to the grounde,

and gave her a foule pinch by the arm, and again strucke Mrs. Ullacke,”

then Mrs. Thacker and her son “ran up to Mr. Ullock’s studdy and told

him that his wife had abused _her_ husband!” So we are not surprised to

hear that the School brought an action against the Thackers. The High

Court of Chancery appointed four gentlemen, as Commissioners, to try the

case. William Bullock (O.R.), Daniel Watson, Esquires, Thomas Charnells,

and Robert Bennett, gentlemen. They met “at the house of Alderman Hugh

Newton, at Derby, there being at the signe of the George.”

There they summoned witnesses to attend; fifty did so, twenty-five a

side. Their depositions, in answer to interrogatories, were taken on

April 15th, 1663, and fill sixty pages of folio. As before mentioned,

they consist of two folios, one for the School and one for Thacker. The

chief questions administered to the witnesses for the School, referred

to their knowledge of the School buildings, Schoolmasters and boys,

Thacker’s ancestors, rights of way, award of Sir Francis Burdett, and Sir

Samuel Sleigh, former suits at law, the Thackers’ conduct, the value of

the land, as grass land, and the use of the yard for recreation by the

boys, &c. For Thacker, the questions asked referred to their knowledge

of prohibitions by his ancestors and himself, and complaints made to the

Schoolmasters, &c.

The depositions are most interesting, as the knowledge of witnesses

extended back to within forty years of the founding of the School.

The number of Schoolmasters varied—in Watson’s time two, in Whitehead’s

three, Schoolmaster, Middle Master, and Usher. The number of boys also

varied from 60 to 200, with “7 or 8 poor schollers.” Among the boys

mentioned were four sons of Philip, first Earl of Chesterfield, Philip,

Charles, George and Ferdinando Stanhope; Michael Folliott, son of Henry

Folyot, Foleott or Ffoliott, Baron of Ballyshannon, Ireland; Wingfield,

Thomas, Vere Essex, and Oliver Cromwell, the four sons of Thomas

Cromwell, first Earl of Ardglass, besides the sons of divers knights and

gentlemen, Sir Francis Burdett, Bart., Sir Samuel Sleigh, Knt., Godfrey

Meynell, Thomas Sanders, William Bullock, &c., &c., most of whom had gone

to the Universities of Oxford or Cambridge. (See _Repton School Register_)

The “Court yard” (School yard) had been used by the boys to recreate

themselves in, without let or hindrance from the defendant’s ancestors.

The award was well known, and agreed to at the time, 1653, but the

defendant had refused to comply with it, and had stopped several ways,

and blocked up a door leading to the brook, from the north-east corner of

the Schoolmaster’s garden.

The evidence of Ann Heyne, &c., referred to above, proved that the

defendant’s conduct had “caused many brawls, and many schollers to be

affrighted and absent themselves from schoole.” The value of the land was

worth from 2d. to 6d. per annum!

The defendant’s witnesses agreed about most of the points in dispute, but

they said the boys had no right to play in the great court yard without

permission, and some of them remembered having been whipped by Godfrey

Thacker and Schoolemaster Watson for so doing, and others remember

playing in “the Staineyard,” by orders of the Schoolemasters Watson and

Whitehead. Defendant also objected to the disposal of ashes, which the

Headmaster used to have placed on a mound opposite his front door, and

the Usher at the back of the Causey (_i.e._ the way between the stone

walls, leading into the old big school) instead of in the garden at the

back of the School, as they used to be put, as one witness said “he had

seen them carried by Mr. Schoolemaster Watson’s daughter!”

The Commissioners “recommended the differences between the two parties

to the Right Honourable Philipp, Earl of Chesterfield, to call the

said parties before him, and to hear and finally determine the said

differences between them if his Worship so can.” Gilbert Thacker again

failed to carryout the terms agreed upon, so on the 11th day of January,

in the 18th year of the reign of Charles II., King, a writ was issued

against him for contempt of court. The writ is in the Muniment Chest,

and it is a rare specimen of a legal document in Latin, written short,

full of abbreviations, very difficult to decipher, as Thacker pleaded in

his answer, “it was written in short lattin, some of the words written

very short, he did not well understand it, nor could say if it was a true

Coppy,” when Mr. Motteram (counsel for the School) delivered it to him,

and read it over to him, but he was wise enough to understand and obey

it eventually, so his contempt was pardoned, and in the following year a

final agreement was made between him and the School.

(1) The School to build up the way out of the School House

garden in the north wall, and to give up all rights to go (that

way) to the Brook.

(2) Also to give up the Void piece of ground called the

Slaughter House Yard (now the Hall Garden) between the School

House and Thacker’s Kitchen.

(3) A wall was to be built, by both parties, from the Chancel

north-east Corner, to the north side of the door of the Nether

School House.

(4) And the boys were allowed to play between the wall and the

Greate Gate (the School Arch).

A receipt for £14. 19s. 0d., half the cost of building the wall, signed

by Wm. Jordan, proves the wall, and pillars were built, or finished in

May, 1670, and the long continued disputes ceased.

In Dr. Sleath’s time the gates were removed, and the wall, which at first

was nearly level with the capitals of the pillars, was taken down on the

west side, and lowered on the east, as it is now. This is the history of

the pillars and wall, as recorded in the deeds, &c., lately discovered in

the Muniment Chest, which may contain other interesting details of events

long ago forgotten in the history of Repton School, and may be unearthed

(literally) out of the dust of ages!

Repton and its neighbourhood · 第 9 / 14 章