Versa: Issue Ten

12
13
ASK THE ARCHIVIST
THE HIGHT COURT
DEBT 1722
Part One
By Sue Gregory, School Archivist, and Lower Sixth Pupils Ioan and Matthew
In 1722, John Fothergill, Headmaster of St Albans School, found himself
in the untenable position of having to take the Mayor and the St Albans
Corporation (communality) to the High Court for non-payment of his salary…
For over ten years, Fothergill found that his salary of
£50 was repeatedly cut and the debt the corporation
owed him was never fully repaid or an excuse of
repairs to the School was used in order to prolong the nonpayment.
Fothergill’s action uncovered a ‘Pandora’s box’
of misappropriation of funds where both the School and
Fothergill were paying for events, activities and so called
‘parliamentary causes’ dating from the mid-17th century
to the early 18th century. On 13th May 1722, The Court
of Chancery (High Court) found that 72 years of debt
equating to £161.2.3 was owed by the Mayor and St Albans
Corporation to the School; a 6% interest was levied making a
total of £1029.12.9 1 . Also from ‘the sayd inquisition’ Fothergill
was owed £271.1.2 (in 2021 this figure would be £63,810.33) 2 .
To mark the 300th anniversary of this court action, the
Museum and Archive Sixth Form study group have begun
looking closely at the historic records held within the St
Albans School Archive. By researching the individuals
involved and the St Albans community at this time, the pupils
found an increase in social mobility and trading within
St Albans. In this short piece we will reveal some of their
findings…
“By researching the individuals
involved and the St Albans
community at this time, the pupils
found an increase in social mobility
and trading within St Albans”
John Fothergill, a Cambridge scholar whose Under
Master whilst at Cambridge was James Shirley, former
Headmaster at St Albans School from 1619-1624, appears
to have studied ‘sciences and astronomy’. Fothergill was an
assistant to The Cambridge Platonists (these were a group of
clergymen associated with Emmanuel and Christ’s Colleges
in Cambridge, who called for a renewal of interest in the
philosophy of Plato) 3 , and with such connections, becoming
Headmaster at St Albans School was a certainty. During his
time as Headmaster he managed to lead a fairly prosperous
School, maintaining an entry of ten or eleven boys a year
as well as increasing the School’s library from 113 books to
nearly 200 volumes 4 . Fothergill was helped financially by
legacies made by Thomas Lathbury, who was a scholar of St
Albans School. His father, also called Thomas, was a special
advisor to Elizabeth, Countess of Oxford, the daughter of
Edward Trussell, who was heiress to all her father’s estates in
Warwickshire. Thomas Lathbury senior’s business acumen
helped the Countess to preserve her estates despite threats of
abduction and theft, and to increase her lands; her will and
probate of 1527 saw Lathbury senior gifted significant land
in Bedfordshire, and the right to trade spices and “special
minerals” in St Albans. (St Albans was at this time a major
trading location for “The Silk Route” from Persia). Thomas
Lathbury Junior continued his father’s business and in his
will of 1579 set up a charity to house the poor in St Albans
(this charity still exists today). The 1722 High Court action
found that money gifted from this charity was not used
for the poor but was used by the corporation to entertain
visitors. The Court ruled ‘…this lawful directive amounts to
£386 (£90,097.14 in 2021) with interest, the sum is £990.0.14
(£231,078.16 in 2021) to be payable back to the poor fund
from 25th day of our Lady (March) 1723 to Alms houses
on St Peter’s St’ 5 . The Lathbury Trust also paid for scholarly
places at St Albans School and was a regular benefactor of
scholarly books from the ‘Arabian World’ 6 . The Lathburys
built significant property and owned many inns within St
Albans, and as such, financially supported apprenticeships to
the building trade.
One significant benefactor of such a legacy was John Carter,
a carpenter who undertook a 15 year apprenticeship to the
Lathburys. Carter was a successful carpenter and plumber
who worked and resided at 15 A & B George Street, St Albans
during the 17th century. Records indicate his success as a
businessman and craftsmen; his will, written in 1674, showed
that he owned two properties at the time of his death and
had significant funds. 7 This was unusual for the trade of a
carpenter, and showed that his business prowess and literacy
were more than that of a carpenter. It is believed that these
skills were taught to him whist attending St Albans School.
A prominent member of the St Albans community, Carter
was also a member of the corporation (council) of St Albans,
which led to his involvement in the case surrounding the
School. Initially, John Carter benefitted from low taxes
on wood imports, which allowed him to draw large profit
margins. Indeed, an inventory of his assets shows that
Carter’s properties were equipped with newly designed and
expensive furnishings, indicating his lavish spending as a
result of his success. 8 However, the customs act in 1660
introduced far heavier taxes on imported wood, affecting
Carter’s trade and profits. Incensed, Carter sought revenge.
One key figure involved in the passing of the Customs Act
was Thomas Lathbury. In retaliation against Lathbury,
therefore, Carter suggested that the corporation reinstated
rent charges against the School. This proposal was taken
up, meaning that despite no rents having been collected for
300 years previously, the School was made to pay from 1697
to 1722. However, in 1723 the High Court judged that the
School had wrongfully been made to pay rent without due
cause. 9
This research shows that the High Court action exposed long
standing charges, debts and miss appropriation of funds, but
more interestingly, that social mobility through education
was a key success for individuals at the time. In Part Two,
to be published in Issue 11 of Versa, we will tell of the High
Court ruling, detailing more of the individuals who were
involved in this case.
1 Order on hearing Excons for the Decree of Com’ of charitable use of the mayor and commonality of St Albans con
Fothergill, St Albans School Archive, 1722-1724, pg43
2 Order on hearing Excons for the Decree of Com’ of charitable use of the mayor and commonality of St Albans con
Fothergill, St Albans School Archive, 1722-1724, pg45
3 Goldie M (2005) Oxford Dictionary of National Biography, referenced 22/4/22
4 Kilvington F, (1970) A Short History of St Albans School, Staples Printers Ltd, London, pg 26 & St Albans School
Account ledger dated 1600-1800
5 Order on hearing Excons for the Decree of Com’ of charitable use of the mayor and commonality of St Albans con
Fothergill, St Albans School Archive, 1722-1724, pg113
6 St Albans School Account ledger dated 1600-1800
7 John Carter 1662 PROB/5117, The National Archives
8 Will of Robert Graves HALS 9AR151 and Will of John Carter 1662 PROB/5117
9 Order on hearing Excons for the Decree of Com’ of charitable use of the mayor and commonality of St Albans con
Fothergill, St Albans School Archive, 1722-1724, pg195