A HISTORY OF GLOUCESTERSHIRE 



another mill by which the profit of my mill is diminished, I should have no 

 action against him, although it is damage to me.' William Thirning, the 

 Chief Justice, granted that, but immediately took the objection that ' the 

 teaching of children is a spiritual matter (information des enfantes esf chose 

 espirituel} ; and if a man retains a master in his house to teach his children, 

 that might be damage to the common master of the town, still I think he 

 would have no action.' Skrene answered ' The masters of Paul's claim that 

 there may be no other masters in all the city of London except themselves.' * 

 He claimed judgement and damages. Hill said : 



There is nothing in this case on which to maintain the action (II fault foundement en cet 

 case de maintaincr Faction), since the plaintiffs have no estate, but only a temporary service 

 (ministery pur It temps) ; and if another, who is as well taught in the faculty of science of 

 Grammar as the plaintiffs are, comes to teach children, it is a virtuous and charitable action 

 and to the benefit of the people, and so it cannot be punished by our law. 



Thirning answered : 



Whether the Prior has such collation of schools or not, this Court can take no cognizance, 

 because the teaching and information of children is a spiritual thing (le doctrine et informa- 

 tion des enfants est chose espirituel) ; and moreover, as the plaintiffs have claimed the schools by 

 the collation of the Prior, and thereon have founded their action, which is accessory and 

 depends on the title of the Prior, who is the principal, and it is a spiritual matter, it appears 

 that this action cannot be tried in this court. 



Skrene still went on : ' If a market is set up to the nuisance of my market, 

 I shall have an action for nuisance, and in a common case, if those coming to 

 my market are disturbed or assaulted so that I lose my toll I shall have a good 

 action on the case ; so here.' But Hankford replied : 



The two cases have no resemblance, for in the case you state you have a freehold and in- 

 heritance in your market, but here the plaintiffs have no estate in the schoolmastership (le 

 schole mastership], &c., except for an uncertain period, and it would be unreasonable that a 

 master should be disturbed in keeping school where he pleases, except in the case where a 

 University was incorporate and schools founded in ancient time.' 2 



He then repeated the illustration of the mill, adding ' but if a miller disturb 

 the water running to my mill or make any manner of nuisance, I should 

 have an action.' The argument is that, even if the masters had an estate in 

 the school, the mere setting up of a rival school would give no right of 

 action, though if any boys were prevented by violence from coming to the 

 school a right of action might in that case lie. ' And the opinion of the 

 court was that the writ did not lie (le brief ne gist my] ; So it was agreed 

 that they took nothing, &c. and so &c. (' Per que fuit agarde que Us ne 

 pristeront riens etc, eins etc'}. It is difficult to understand how anyone could 

 draw the conclusion from this report that teaching was a free profession, and 

 that anyone could teach where he liked. So far as the common law 

 courts' were concerned this might have been so; and it would appear that 

 they would have been ready to free the schools from clerical control under 



1 This is a most interesting remark, as it shows that the claim (enforced by a writ still extant of Henry of 

 Blois, bishop of Winchester, as acting bishop of London during a vacancy of the see in 1137) of the school- 

 master of St. Paul's School to a monopoly of grammar school teaching was still recognized as binding nearly 

 three centuries afterwards. 



' Et il sera encounter reason que un Master serra disturbe a tenir schole ou luy pleist, sinon que le fuit 

 en case ou un University fuit corporate, et escholes foundus sur auncient temps.' 



* It is curious that Hankford should have expressed such anti-clerical views, as his own son was a com- 

 moner, and at this very time a scholar of Winchester College, founded to provide learned priests. He is con- 

 cealed in Mr. T. Kirby's Winchester Scholars under the misreading of Haukford. 



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